The PIL by BJP leader Ashwini Upadhyay also alleged existence of a “conversion industry” associated with Islam and Christianity and said that the word ‘religion’ cannot be used to describe Hinduism.
The Delhi High Court has called upon both the Central and Delhi governments to respond to a public interest litigation (PIL) centered on the distinction between ‘dharma’ and ‘religion’ and the potential inclusion of a dedicated chapter on this subject in school textbooks.
The PIL, filed by Ashwini Upadhyay, a leader of the Bharatiya Janata Party (BJP), asserts that “Abrahamic religious traditions” and “Indic/dharmic religious traditions,” including Jainism, Buddhism, and Hinduism, have fundamentally different conceptions of religious identities.
Additionally, the PIL alleges the existence of a “conversion industry” in relation to Christianity and Islam.
A Division Bench, comprising Chief Justice Satish Chandra Sharma and Justice Tushar Rao Gedela, heard the case and provided the respondents with an opportunity to present their responses. The hearing date has been moved up to January 16, 2024.
The PIL argues that because ‘dharma’ and ‘religion’ are not interchangeable terms, the government should use the precise definition of ‘religion’ instead of ‘dharma’ when issuing birth certificates, Aadhaar cards, school certificates, and other official documents.
Upadhyay contends in his appeal that the term ‘religion’ is commonly associated with faiths such as Judaism, Christianity, and Islam in the Western context. However, categorizing Hinduism as a religion is an erroneous and Western-centric interpretation.
He argues that the concept of religion implies exclusivity, suggesting that there is only one true faith while all others are false. In contrast, India’s dharma-based ways of life promote a different belief system.
“The key difference between foreign religions and India’s dharma-based ways of life is this: one restricts, while the other liberates. When Jesus’ disciples and later followers of Mohammad first arrived as ordinary citizens in India, their ‘faith’ prevented them from freely mingling with the welcoming hosts. Moreover, the hosts found it peculiar how attached they were to their ‘faith identity’ and the resulting negative bias,” the petition elaborated.
The petition suggests that religion, when in the hands of “mentally deranged” individuals, can be highly perilous and that “twisted brained holy warriors” have been responsible for more fatalities than any other category of warriors in history.
“Humanity has benefited greatly from the absence of any new ‘religion’ over the past fourteen centuries. Religions commonly revolve around a conceptual deity referred to as ‘the one above’ who oversees the world. The ‘Only Truth’ is revealed by Him in the form of divine revelations found in the Quran or Bible, conveyed through a Messenger (in Islam) or the Son of God (in Christianity). Anything not contained in the Holy Book is considered false. Believers must maintain unwavering faith in it.”
Upadhyay emphasizes that Dharma is non-exclusive, non-divisive, and non-conclusive, while ‘religion’ can be perceived as a panth or sampradaya.
He contends that “superficial experts” have made a “significant translation error” by translating Hindu Dharma, Buddha Dharma, and Jain Dharma as Hinduism, Buddhism, and Jainism, respectively.
The petition asserts that reducing dharma to a religious concept has been detrimental, constraining it in the name of secularism.
Furthermore, it claims that certain belief systems encourage conversion as part of their unspoken political agenda, and there is a substantial “conversion industry” associated with Christianity and Islam.
The petition further argues that when the Muslim or Christian population in a given society reaches “political significance,” individuals begin to demand “opulent amenities in the name of religion and, when denied, allege persecution.”
The petition cites instances in China where the government has limited so-called “religious freedoms” in regions with substantial “Muslim convert” populations to prevent radicalization and restore social harmony.
