Not sure for how long India will stay secular: Supreme Court

[lightoftruth]

The Supreme Court on Monday said that India is a secular country today, but it is not sure for how long it will stay that way. The court also stressed that religious decrees cannot override the written code of law.

“India till now is a secular country… we don’t know for how long it will remain a secular country. We have to stamp out religion from civil laws. It is very necessary. There are already too many problems,” said a bench of Justices Vikramjit Sen and C Nagappan.

The bench was hearing a PIL by advocate Clarence Pais, who wanted the apex court to put its stamp of approval on the decrees of divorce and other such decrees issued by an ecclesiastical court or tribunal. An ecclesiastical court, set up under the Canon Law, is an institution for Catholic Christians.

Pais (85), who is the former president of the Catholic Association of Dakshina Kannada in Karnataka, pleaded with the Supreme Court to ratify decrees of dissolution of marriage granted by an Ecclesiastical Court. He also sought a declaration that no criminal court in India could prosecute Roman Catholics under Section 494 of the Indian Penal Code for the offence of bigamy without considering the Canon Law.

Arguing for Pais, senior advocate Soli Sorabjee urged the bench to consider this as an important question of law and religious freedom, and said that the issue impacted more than one crore citizens who are Indian Christians governed by the Canon Law on marriage and its dissolution.

However, the bench retorted, “This cannot be accepted, otherwise every religion will say it has a right to decide various issues as a matter of its personal law. We don’t agree with this at all. It has to be done though a decree of a court.”

It said that religion and institutions primarily meant to propagate religious faith must keep out of issues governed under the statutes. “Consider a situation totally opposite to this. Can this court ask an Ecclesiastical court to either recognise a marriage or a divorce? It cannot. How can one compel civil laws of the land to recognise Ecclesiastical courts?” asked the bench.

The apex court cited honour killing as an illustration of the perils of religious or self-styled socio-political institutions in case they are legally backed. “Look at the cases of honour killings. Then there is ostracisation of young boys and girls. You don’t follow what they state as a law of the society and you get ostracised,” it said.

Sorabjee submitted that if the Supreme Court did not recognise marriage and its dissolution under the Canon Law, men will be exposed to the dangers of being prosecuted for bigamy. The bench, however, replied: “Of course, such cases can be filed. But who is asking you to go to Ecclesiastical court?

Ecclesiastical court is on one side and the civil law on the other and only the latter is recognised. Ecclesiastical court should only be for religious purposes.” It gave the central government four weeks to file its formal response to the PIL and fixed the case for further hearing in April.

Not sure for how long India will stay secular: Supreme Court | The Indian Express

 

[A1Kaid]

At best India is a pseudo-secular country, already we see Indian "secularism" unraveling and weakening since BJP came to power. Supreme Court is right to caution this assessment of the ground reality.

 

[lightoftruth]

At best India is a pseudo-secular country, already we see Indian "secularism" unraveling and weakening since BJP came to power. Supreme Court is right to caution this assessment of the ground reality.

Its good to read the article before commenting.

 

[A1Kaid]

Its good to read the article before commenting.

Yeah I read about the Christian ecclesiastical court using canon law instead of secular national laws. However, I am pointing at the bigger picture for unraveling of Indian secularism, which is BJP.

 

[ito]

At best India is a pseudo-secular country, already we see Indian "secularism" unraveling and weakening since BJP came to power. Supreme Court is right to caution this assessment of the ground reality.

Read, understand and then comment....

Yeah I read about the Christian ecclesiastical court using canon law instead of secular national laws. However, I am pointing at the bigger picture for unraveling of Indian secularism, which is BJP.

The supreme court of India is saying to stamp out religious civil laws of India so as to keep India secular. In India, for ex Muslims have their own personal laws, Hindus have their own. Supreme count is advocating to dismantle those laws and bring everyone under single common civil code

 

[NKVD]

At best India is a pseudo-secular country, already we see Indian "secularism" unraveling and weakening since BJP came to power. Supreme Court is right to caution this assessment of the ground reality.

Article States that How Supreme Court Supporting the Cause of Uniform Civil Code is Essential to Maintain Public order for Long in Indian Democracy It Clearly Criticizes All So called Parallel Religious Judicial units Running in the Country who Don't Follow LAW of the Land and Perpetrates their Own Sectarian Laws

 

[Bang Galore]

Yeah I read about the Christian ecclesiastical court using canon law instead of secular national laws. However, I am pointing at the bigger picture for unraveling of Indian secularism, which is BJP.

Explain how. Also your "bigger" picture had nothing to do with the Indian Supreme Court's observations.

 

[Iggy]

The supreme court of India is saying to stamp out religious civil laws of India so as to keep India secular. In India, for ex Muslims have their own personal laws, Hindus have their own. Supreme count is advocating to dismantle those laws and bring everyone under single common civil code

Its need of the hour, too long we are playing this dangerous religious politics..

 

[nair]

Uniform Civil code................ If BJP cannot do that, then no one else can.......

 

[third eye]

Explain how. Also your "bigger" picture had nothing to do with the Indian Supreme Court's observations.

You are challenging a default response

 

[NKVD]

Its need of the hour, too long we are playing this dangerous religious politics..

Indeed but You should Understand that Hindus And Organisations Attached to it Always Advocated Uniform Civil Code Eventually its One of the Key Constitutional Point on Which BJP Stand is Open And It is Present in the Party constitution on which Bjp As Party Stands For

 

[Iggy]

Indeed but You should Understand that Hindus And Organisations Attached to it Always Advocated Uniform Civil Code Eventually its One of the Key Constitutional Point on Which BJP Stand is Open And Its Present in the Party constitution on which Bjp Stands For

Look, for me If Congress and other parties are playing for the votes of minorities, BJP are playing for the votes of Hindus.. Both are two sides of the same coin.. As for UCC is concerned, I didnt see any comments about it from BJP either..

 

[NKVD]

Look, for me If Congress and other parties are playing for the votes of minorities, BJP are playing for the votes of Hindus.. Both are two sides of the same coin.. As for UCC is concerned, I didnt see any comments about it from BJP either..

Thats Right Bjp is their to Maintain Equilibrium. Bjp commented on UCC in the First Month of its Power But it Created Huge Uproar Pseudo- Seculars and they started Jumping on their Seats.
One Such Article is Below you can see
Uniform civil code: will it work in India? - The Hindu

 

[Android]

India was never a secular to begin with. You cant claim to be secular yet still have different laws for people depending on their religion.

 

[mehul sharma]

Yeah I read about the Christian ecclesiastical court using canon law instead of secular national laws. However, I am pointing at the bigger picture for unraveling of Indian secularism, which is BJP.

No No no need to worry we have very strong foundation.