Saturday, December 12, 2009

Why Does India have Different Laws for Different Religions?

My post on Happy Divorce brought forth a lot of interesting comments from my wonderful readers. It has evoked considerable response and I am thankful to those who read it and shared their thoughts on the topic.

A nice question from SG prompted me to write about this issue which may be something that a lot of us maybe wondering about.

His comment read: "Very nice post. Once divorce was a rare occurance in India. Looks like it is not so nowadays. Since I have lived in USA forever, I have a question you may want to answer. India is one country and all are Indians. Then why do they have different laws for different religions? In USA, there is only one marriage act whether you are a Christian, Jew, Mormon, Muslim, Hindu, Buddhist, or Sikh. We cannot escape saying different religions have different laws. That is a no no in this country. Mormon religion allows poligamy. However, if a Mormon U.S. citizen commits poligamy he will be arrested and put in jail. Does not matter if his religion allows it."

I understand what you mean because it is something that has been a cause of debate even within the country. The Preamble to the Constitution of India and the very provisions of the Indian Constitution gives utmost importance to a broad interpretation and application of the word 'secular.' That is the rationale for different personal laws being due weightage in a court of law.


SG said...

Thanks for the post. I beg to differ with you on this. Secular means nuetral in matters of religion. Secular State means treat all its citizens equally regardless of religion. It does not mean each religion will have its own law. "Broad Interpretation" of the constituiton? I am sorry. The framers made so many mistakes. For example, please read my post

I like your writing style and the topics. I will continue to visit here. Thanks.

Sanand said...

Thanks for expressing your thoughts. I've just completed the next post which talks about the scope of religious liberty and its interpretation in India.

Feel free to express ideas, suggestions and comments.