xeuss
SENIOR MEMBER
- Joined
- Aug 22, 2019
- Messages
- 4,355
- Reaction score
- 6
- Country
- Location
I do believe it is because two major factors. The diversity of religions in India and the fact that these religions are very collective. The diverse nature of religions with their own collective thought and collective sense of culture and legal history makes a western secular system very difficult to implement. In a western secular system, concepts of special inheritance laws or special marriage laws dont exist. The court in the western would wouldnt give weight to the community declaring that their personal religious law dictates that son gets twice of the daughter in residuary and the lone daughter cannot inherit all unless the deceased professes from the sect of Shia. They wouldnt but Indian courts had to give weight to this statement because the government had to give weight to these demands. A western secular concept has no room for religion anywhere.
To add another point to the earlier one I made. Secularism in the subcontinent also takes the meaning of using governing authority to control religion. This originated with the interference in religious customs during the British Raj. The Sati Regulation XVII of 1829, which first banned the immolation of widows, was intended to show that reform within religion was a duty of the state. This attitude has continued throughout modern India. From the framers of the constitution to the judicial edicts, the control of religion is an important concept that serves to curtail religious inspired cruelty.
The recent Supreme Court judgement on Triple Talaq was another such example. The debate was not whether it was permissible according to Islamic law, but that it was the duty of the state to intervene on behalf of citizenry to prohibit such "religious inspired cruelty".