SEX AND RELIGION: CONTEMPORARY RESPONSES

SEX AND RELIGION
Contemporary Responses

The fact that human societies from the beginning had a normative approach to everything related to sex and sexuality is indisputable, whether its source was religion or state, or the ‘private’ conscience of an individual. It is also a fact that most of it has been evolving and changing over time. Although there had been continued and consistent attempts on the part of the libertines to ridicule and challenge the norms that were in place, they have not yet succeeded in overthrowing normative approaches to sexuality altogether, which, I think, is the case also with the most ‘liberated’ crusades of free sex. Yet, interestingly, we must also be open enough to admit the fact that despite all these norms, average human sexual behaviour (if we could go by the ‘scientifically’ conducted survey results that are made available to us in our present times) very seldom fits into the normative moulds, especially when it comes to the private lives of many individuals. It is also true that moral or legal norms with regard to sexual behaviour, to some extent, have tended to inflict people with a burdensome conscience, either of sin or of guilt, which is said to have resulted in enslaving them than ultimately facilitating a liberating experience that both religion and state are expected to provide. Then, does it amount to saying that there is no point in having moral norms with regard to the sexual behaviour of human individuals and societies? In this context, it is important to ask the simple question, why should there be norms – moral and/or legal – in the sphere of human sexual behaviour?
Sex and sexuality are inherent dimensions of human existence; in the process of becoming a human person and from the point of view of evaluating personality development, responses to one’s own sex and sexuality are fundamentally important. Apart from considering sexuality as a psychosomatic endowment and a biological and emotional need, in the course of time, it has also assumed social, cultural, and religious dimensions. Sex was never a private affair and, therefore, the issues related to it should be deliberated upon from various angles so as to facilitate a healthy and wholesome approach to sex and sexuality, both individually and collectively.
The word ‘sex’ comes from the Latin expression, ‘sexus’, which is originally derived from the verb secare and means to separate or to divide. Practically speaking, the word ‘sex’ and its extensive use have divided the whole human race (for that matter almost the entire animal kingdom) into two distinct groups of male and female. Although ‘sex’ divides the humanity into two groups, a religious perspective shall approach it as a natural and fundamental aspect of human existence, which is the most potent of all energies to enable human beings in effecting integration, unity, and oneness among themselves and with other beings, including God.
Sex had been an object of unflinching interest both from the laymen’s and scholars’ perspectives. Popular as well as scholarly opinions and literature abound in the area of sex and sexuality. Due to its importance, sex has also attracted a lot of concurrent researches, which have contributed a great deal in understanding various intricacies involved in it. It is true that availability of scientific information gradually transforms public opinion and value consciousness. Yet, the insistence that our value consciousness should always depend exclusively upon the available scientific information, especially to the total disregard of religious and moral wisdom, to my mind, tends to be a wayward approach, especially when it comes to our understanding of and response to sex and sexuality.
In our contemporary society, it is sad to observe that one of the most sublime dimensions of human existence, sex, has been manipulated to serve the interests of the market economy. Without any exaggeration it could be said that sex-related industry is one of the most thriving throughout the human history, which does not seem to have had any adverse effect due to the financial crisis that has shook the lives people all over the world. Sexual fulfilment understood as a human need does not happen without a properly cultured interpersonal matrix, which is very hard to come by if everything goes by the market dynamics oriented to profit aggrandizement. Due to this unique nature of attaining sexual fulfilment in human beings, sexual ‘want’ had been an issue that every human being encountered at one moment or the other in his or her life. As its fulfilment or attainment fundamentally required formation of other-respecting healthy attitudes, the other’s life enhancing loving and caring practices, and the self- and the other-assuring commitment, cultivation of which is not very easy in a world that is thrust upon by egoistic perspectives and values, people encounter difficulties in their sexual life, affecting the other areas of life as well. It is the nature of sex that the more the denial of its fulfilment, the greater the craving for it, unless there are higher and nobler causes or motivations that animate the mind and soul of the person concerned.
It is natural that there are many men and women who yearn for sexual fulfilment, although they may not easily realize it in their given circumstances. Identifying this delicate situation triggered the ingenuity of the market economy. Where sexual fulfilment remains a very powerful need, which is not easy to come by – especially in the absence of healthy or wholesome humane attitudes, such as loving dispositions, caring practices, and self- and other-assuring commitment – selling sex-related pleasure and sex-clad pseudo-fulfilment have assumed larger market proportions. For example, it is common knowledge that prostitution is as old as human social existence; despite legal and moral repression of such practices all through the civilized era, the market related to sex and sexuality continues to thrive. In fact, with the arrival of modern communication media and information technology, operation of ‘sex market’ has assumed greater proportions, whereby marketing agencies of sex related services have begun to enjoy a thriving global client-base. The spurt of internet-based pornography, for example, has made the availability of sexual ‘pleasures’ easy and cheap all over the world.
The question, however, that we need to ask ourselves is whether all these market techniques to amass profit by tapping into one of the intense human needs is justifiable? Does marketing of sex-related ‘pleasures’ really enable human persons to attain sexual fulfilment on its own? Is sexuality something that could be restricted to a mere mechanical exercise of human sexual organs? Human sexuality, beyond its mere physical dimensions both in terms of genital pleasures and reproductive aspects, is a very subtle and delicate human existential power capable of effecting mutually enhancing human relationships, primarily through the intense but lifelong commitment and love that two individuals of opposite sex could intentionally establish and maintain. The most interesting aspect of it is that such a relationship functions as the matrix where experience of love would contribute to the commitment between the partners, and their mutual commitment would enhance the experience of love on an ongoing basis.
The market, in association with all its subtle collaborators (media being a key ally), is so strong that imparting any value consciousness in the society as to the lasting sexual commitment and mutually enhancing love between two persons of opposite sex is being consistently and deliberately ridiculed and presented as repressive of the human spirit. Unfortunately, an average person pulled and pushed by the market forces does not realize the fact that their apparent ‘concern and love’ for the ‘good’ of the public interests, especially in matters pertaining to sexuality, do not come from their love for the good of individuals or the common good; instead it is oriented only to the good of those who plan and execute business strategies to bring larger proportions of profit. As the media accompanies most of such moves – the media too thrives on sensitising human needs and makes better profit when it manipulates those fundamental human wants – it bombards the society with information flow so as to effect a growing consciousness among the larger public that would crave for more and more sexual fantasies and fulfilment, which most of the normal human interpersonal relationship or family relationship cannot, but only the depersonalized sex industry can supply. This is so, especially because the sex industry blows the sexual needs and fantasies of human beings out of proportion and present them as absolutely impossible to be realized in any lasting relationship between two human beings of opposite sex; then, the market alternative would sound to be the only possible avenue for sexual fulfilment, if one should go by the sexual fantasies painted by the media and market.
There is a subtle and alarming move that the media and the market together make in containing any initiative based on value consciousness. Market forces move hand in glove to ridicule agencies such as religion, educational institutions, etc., which try to instil a value consciousness among the youngsters and the larger public. I am ready to concede to the fact that there had been negative excesses on the part of various religions in approaching matters pertaining to sex and sexuality. That does not, however, mean that every direction given by religions shall be looked down upon as if they are all unbecoming for human existence. Indeed, many an injunction of various religions had been capable of instilling value consciousness in many peoples over different generations, and they have been capable of retaining this precious and vital human energy oriented for human welfare and enhancement. What happens in the present era is the ongoing crusade of the media and market against religious wisdom so much so that any one who would lean towards religious perspectives is branded to be old-fashioned, traditional, and out of touch with contemporary reality. What is apparently real for the media is what they themselves project as the real. Seldom do we realize that the world the media paints is born out of their fantasies, which would ultimately enhance their private welfare through the aggrandizement of profit, which ultimately fails to contribute to the lasting welfare of the human race, especially in their dealings with issues of sex and sexuality.
Many a time, people make baseless allegations against various religions with blanket statements like “every censorship effort and every attempt at sexual repression still comes from religion” or “religion’s interest in defining sex in terms of values is nothing less than raw assertion of power over the very meaning of humanity.” On another extreme, some others are all praise for the Asian religions in terms of offering very positive and open attitude towards matters related to sex. To my mind, both these positions are wrong, as there are, on the one hand, many in the West, who have been capable of inculcating a positive attitude towards human sexuality and, on the other, many in the East who continue to harbour in the third millennium very negative and life- and sexuality-negating attitudes, scriptural writings, and practices, to say the least. What we must do today is neither to blame nor to praise the past religious injunctions and traditional practices in terms of their attitudes towards human sexuality, instead we must approach the issue of human sexuality in a holistic manner, which would be capable of enhancing our human existence, individually and collectively. Of course, I firmly believe that religious wisdom has a lot of good to offer in this regard. So, the modern approach, as far as I would advocate, should consist of a balanced blend of our contemporary scientific information regarding human anatomy and sexual responses, cultural evolution, and religious wisdom, so that human response with regard to sexuality will not be merely physiological or psychological, but characteristically ‘human’.
An exclusively sexological or psychological approach to sex and sexuality needs to be abandoned (as they mostly tend to limit their purview on to the naturalistic, somatic, and sensualistic interpretation of human sexuality, many a time restricting it to mere eroticism); as they are so deep-seated in the human being, we need to cultivate an existential and integral approach so as to positively redeem sex and sexuality from the negative approaches that abound in human history, whether their sources could be traced to religious or political decrees.
To a great extent, it is true that anti-sexuality attitudes perpetuated by religious authorities have inflicted untold human misery, especially on women. In some extreme cases of fundamentalist reading of the scriptures, religious authorities have been instrumental in letting the scriptural taboos function as guilt-vending machines for the faithful, leading them to a total denial of normal and natural sexual behaviour. If such instances were to occur in the contemporary era, then they create toxic influence in the minds of the faithful, apparently with scriptural foundation, which ultimately produces ‘unholy’ effect on them, whom I believe can attain holiness only in being and becoming ‘human’ in every sense.
The restrictions with regard to sex, as maintained by religions such as Catholicism, are not to restrict everyone for the sake of restricting, as some writers tend to make us believe. For example, Bertram Russell, a noted British philosopher, has declared that a “morbid and unnatural” attitude toward sex is “the worst feature of the Christian religion.” Further, the allegation that most of the traditional religions have harboured a ‘loathing for the body’ is also not totally true. Indeed, there have been negative approaches, unbecoming practices, brutal denials, etc., initiated by religious authorities. However, I hold that it had mostly to do with the upbringing and attitudes of the individuals in question and the social mores in which they were groomed: they were the children of their times. It is unfortunate that in certain cases they have crept into the mainstream thinking of these religions and the wider societies. Yet, a complete rejection of religious wisdom when it comes to human body, especially in our judgement on matters pertaining to sex and sexuality, is a dangerous and short-sighted approach. As the religious scriptures, in most cases, have resulted from a ‘sedimenting’ effect of various revolutionary and life-animating forces, movements, and peoples over a period of time (and most of the time, these going far beyond the mores of the given era), they shall be approached as signposts that the humanity can access so that better and holistic lives can be designed. Of course, that is not to suggest that we should be slaves to the content of religious scriptures and traditions; instead, we should be capable of imbibing the best from these scriptures, the lore of divinely inspired human wisdom, in our effort to design novel attitudes and perspectives, new forms and styles of life in the twenty-first century.
The whole series of lectures on the theology of body given by Pope John Paul II sends out very positive signals as to the creative way of looking at human being, especially body and sexuality. It presents not a tone of denying or condemning human body, sexuality, and love, as it is wrongly alleged of the Catholic Church, but of recognizing, appreciating, and integrating the body as well as masculinity or femininity into the whole person. Of course, this integration that Christianity has visualized, as John Paul II has presented it, does not make room for licentiousness, but a very careful exercise of human freedom with higher goals which necessarily presupposes a value-imbued consciousness that would facilitate orientating every human endowment, including sexuality, to the final goal of attaining wholesome human existence beyond the limiting terrains of this temporal world. This needs integrating eros with ethos, or exercise of sexuality in tune with an ethical consciousness so that eros will not carry away the whole person, rather would be integrated into the whole person’s ultimate goals, making human existence wholesome. In one of his addresses, John Paul II comments on the creation of man and woman and their mutual complementarity:
In the mystery of creation, the woman was “given” to the man. On his part, in receiving her as a gift in the full truth of her person and femininity, man thereby enriches her. At the same time, he too is enriched in this mutual relationship. The man is enriched not only through her, who gives him her own person and femininity, but also through the gift of himself. The man’s giving of himself, in response to that of the woman, enriches himself. It manifests the specific essence of his masculinity which, through the reality of the body and of sex, reaches the deep recesses of the “possession of self.”
Thus, from a Christian point of view, it is in the mutual interpenetration of two persons – man and woman – through giving and accepting of their selves, which existentially includes their masculinity and femininity, that they find the ultimate expression of bringing together eros and ethos in themselves; in fact, such a blending of selves ultimately leads to the Christic self-giving love (agape), to the communion of these two persons, and through that into the communion of all.
Moral norms in the sphere of sex and sexuality enable human beings to regulate the exercise of their sexual instinct, powers, and aspirations. As we have maintained that sexuality is one of the fundamental human dimensions, its exercise must be attuned to the attainment of the welfare of individual human beings as well as the larger society. Human history attests to the need of maintaining norms in the sphere of sexual exercises. Human life – individually and collectively – is in need of normative regulation, as these norms are derived or designed by employing human reason, understanding of human nature, and the aspirations as to what human beings have to finally realize. Reason, along with other human abilities, enables human societies to derive norms that would set the goals of the society as well as the tone of their social intercourse. Of course, identifying a set of norms in the arena of sexuality would include commandments and prohibitions. Instead of turning away from the existing commandments and prohibitions as unnecessary boundaries scrupulously imposed in bygone ages by irrelevant authorities, we need to identify the values and norms that have been found to be lasting in the human sojourn over the millennia. Although humanity has been evolving over the years, its sustenance as an integrally knit society that surges ahead to ever greater levels of existence has been facilitated and animated by the value consciousness that human beings have been abiding by.
The most essential aspect that needs reemphasis in our contemporary times, I think, is the recognition of the person in whom sexuality is identified. The sexual potential that we discuss here, fundamental as it is, is found not in any other entity, but in a human person. Any exercise of this potential, therefore, presupposes that it would not hamper or belittle the person. Moreover, sexuality being so integral to the individual person, it shall not be approached in a casual manner, as it would take away the delicacies and sacredness associated with it.
The intimate and exclusive encounter that facilitates deeper and lasting sexual relationship among couples has to be insisted upon in an attempt to reaffirm and redeem the person who is involved in living his or her sexuality. The exercise of sexuality is one of the avenues of self-gift to the other. When two persons of the opposite sex exercise this self-gifting, they complement and complete human wholeness. As the intimate dimension of the person is being gifted to another person, what is to be exchanged upon is another person, ultimately facilitating the total self-gift of two individuals. As this gifting of the person is so total that there cannot be any other party involved in this relationship, i.e., it ultimately tends to be an exclusive relationship within which sexual self-gifting can be finally realized. This sets the stage for an ongoing and mutually enhancing encounter between two persons of opposite sex on a permanent basis.
In such a mutually enhancing relationship of a lasting nature, a mere mechanistic and physical understanding of sexuality should be avoided. As sexuality is a human potential, like any other human dimension, it should be approached in a humane manner. The unbridled exercise of sexual potential that the contemporary media seem to make us believe to be universal and necessary for human flourishing and self-fulfilment ultimately reduces human persons into mere vending machines of sexual pleasure. This is a degenerating perspective on humanity. A human person is more than his or her sexuality. It is in the integral or wholesome exercise of his or her powers, including sexuality that one continues to remain a human person. Therefore, both the neglect and the over-emphasis of sexuality need to be checked.
Although there is resistance towards religion, which is being consistently perpetuated by some media agencies to serve their own vested interests, there is no excuse for religions and religious authorities in shying away from their responsibilities. A genuine religion that serves to elevate human existence to the higher realms of the divine has a fundamental responsibility to provide direction to its members with regard to their life perspectives and actions. As sound directions in matters of sex are hard to come by these days, even the youngsters, who are said to be drifting away from religious structures, look forward to religious authorities for proper and timely interventions as to how they should proceed and what are the proper responses expected of a religious believer, especially when it comes to matters of sex. So, instead of thinking that any pronouncement on sex and sexuality would be branded prudish, religious authorities have a very serious obligation to provide ongoing guidance to believers (as well as to the nonbelievers in an indirect manner) to attain human wholeness through the proper exercise of their sexuality.
Religious leaders also have to learn to respond to human situations better. Many a time their responses to anything connected to sex drifts to unwholesome extremes, while they conveniently bypass many other issues that need better attention and uncompromising condemnation. Though a bit too sarcastic, the following verse from a popular song puts it straight across: “Bullets fly like popcorn on the screen, recommended wholesome, nice and clean. Making love’s the thing that can’t be seen. Why?” Of course, I am not recommending the media’s approach in making light of sexuality as a welcome move; there need to be restrictions in this regard so that better value consciousness and decorum could be maintained in our society, and children, especially, could be protected from unwarranted overdose of sexuality in their daily lives. The point, however, is just that those who raise alarm over the marketing of sexuality by the media, as it is unhealthy for our society as a whole, must be all the more vigilant and outspoken regarding the ill-effects of many other violence-boosting and life-negating initiatives of the media at the same time.
If children are provided with proper sex education, they would gradually not only learn to have the exercise of their sexual powers, but would be enabled to involve in healthy, wholesome sexual communication, that would enhance their individual as well as social consciousness and relationships. If trained positively and properly and in time, both male and female members of our society would be responsibly sensitive to the needs of others, instead of being self-centred. Moreover, every religion has a responsibility to help its members learn methods of proper and value-ridden sexual communication, so that their sexual abilities could be exercised for the good of the human society, and consciously avoid the ills that may emerge from an exercise that may be adjudged to be unwholesome. Parents, teachers, and state and religious authorities have to exercise their responsibility in providing basic information about sex and sexuality, which would gradually enable them to develop wholesome and proper response to their own sexuality. There is no excuse to those who shy away from this responsibility. It is possible, and it happens even today, that due to their own problematic upbringing or personality conflicts some parents, teachers, etc., would feel not at ease to deal with issues related to sex and sexuality. Although this is natural, political as well as religious authorities must design ways and means to tackle this complex situation so that the future generations of humanity could be enabled to acquire better perspectives and practices with regard to sexuality.
Persistent resistance that we encounter in matters pertaining to sexuality when it comes to its instruction could be due to the negative approach that has been adopted, both by religious and secular instructors. It is universal to develop an aversion to increasing amount of constraints being enforced upon by any leadership; even if they be tolerated at one point, it is bound to be resisted upon as human ingenuity and freedom always look for open space of the human spirit to grow and flourish. Instead of bombarding youngsters with a list of dos and don’ts, our age needs to design a plan of sex education that would enable them to understand their own sexuality, know the historical, cultural, and religious evolutions as to the exercise of sexual power in the development of humankind, its potential in enabling a person to attain his/her full human potential, the necessity of value consciousness in being and becoming human, which is equally applicable in matters pertaining to sexuality, etc.
One important lesson that the young members of our society need to learn is complete sexual equality. For, genuine love is possible only between two equals. More than an ideal, it is the need of our contemporary human society. The sexual liberation that has swept the western society has contributed a lot to this effect; the feminist movements, despite some of their negative and equality-denying approaches, also have been powerful in bringing to focus the necessity of sexual equality in our societies. The theory of “natural inferiority of women” needs to be approached as a badly intended myth – from political and religious spheres – which is in need of a total rejection and corrective action. Indeed, our contemporary society continues to reap the bad effects of such a position, which had been instrumental in segregating at least one half of the whole human population, and denying those members their rightful place and justice in society. Both men and women need to transcend their short-sightedness and overcome their unfounded fears with regard to any pre-ordained status of any particular group. That is again a myth, totally baseless as far as human beings are concerned.
In this context, it is very important that a holistic curriculum is introduced into the school and university programmes that would make room for understanding the nature of creation, place of human beings, and the necessity of emerging a society where both men and women would be treated on par. Of course, this general frame needs to be translated into the context of every society or nation. It is at the same time important that these students are enabled to see through some of the constraining and equality-denying ontological viewpoints that are perpetuated either by political or religious authorities, whether it is in the form of sacred religious scriptures or secular political constitutions. When it comes to constraining the human spirit, both of them have had adopted, at one time or another, more or less the same strategies, which shall be resisted upon and overcome if they denigrate human spirit and its wholesome flourishing. Often, it would be necessary that we approach these issues with an open mind, a mind of a sincere seeker. Instead of being shocked and withdrawn every time some new research findings on sex-related issues challenge our conventional wisdom or tend to break certain taboos, we shall approach the scientific explorations as opportunities for understanding the dynamics of human sexuality better, so that every element of this completely human dimension could be attuned to the holistic growth of human persons and societies.
Often, sex can be a source of intense human conflict; interestingly, the same sex has also the potential to turn out to be a source of intense human communion. It depends on the attitude or approaches that individuals and societies have entertained with regard to sex and sexuality that would ultimately determine whether it turns out to be a source of conflict or communion. A contemporary perspective on sex would call for initiating every approach to make it wholesome, so that an inherent potency of human person could be a source of strength and appreciation. Sexuality, therefore, needs to be approached from the perspective of a creative, wholesome, and interpersonal context, where the sublime human nature, which is inherently sexual and interpersonal in character, can be integrally enhanced for the good of the individual person concerned as well as for the good of the whole creation.
It is this realization that our society is in need of designing more constructive and life-enhancing approaches to sex and sexuality that has prompted Journal of Dharma to dedicate this issue for a detailed discussion on “Sex and Religion: Contemporary Responses.” Six scholars dwell upon the positive dimensions of sex vis-à-vis religion (some of them critiquing certain negative trends prevalent in understanding even religious scriptures), and affirm that religious perspectives on sex, if approached properly, would pave the way for a creative response to life itself.
Approaching sexuality from a positive Christian perspective, Paulachan Kochappilly, in his article, “Sexuality as Invitation to Intimacy and Integration,” presents it as an invitation to intimacy and integration. According to him, “sexuality is an invitation to bonding and to stay in bond. It is an invitation to enter into relationship. It helps foster relationships. It is an invitation to cultivate a culture of love. It is an invitation to cultivate a culture of life. It is an invitation to cultivate a culture of care.” Moreover, marriage is presented as the only context of sexual love and life, which is sacramental as well as salvific for Christians, ultimately transforming lovemaking into a life-giving, unitive, and procreative act at the same time.
In another article, “Spirituality of Sex,” by Kurian Perumpallikunnel, we come across with another avenue of approaching sex from a contemporary religious point of view. Countering the allegation that sex is physical and bodily, this article unveils the greater spiritual powers that can be unleashed through self-disciplining and spiritual motivation. It is not mere attainment of physical pleasure that enhances a human person, but his attainment of higher levels of spiritual consciousness. By unveiling the intricate dimensions of bridal mysticism, the author concludes that instead of “condemning sexuality as evil or sinful,” the mystics “incorporated it into their practices, not physically but symbolically,” leading to the establishment of bridal love that is “gentle, romantic, self-sacrificing, total, confident, trustful, caring, all leading to a lifelong deliberate course of action that begets peace, joy, and celebration.”
Vatsyayana’s Kāmasūtra, which is reduced to the status of a mere sex manual or book on eroticism in the contemporary world, is analyzed by Shaji George Kochuthara in his article, “Kāma without Dharma? Understanding the Ethics of Pleasure in Kāmasūtra.” According to the author, “Kāmasūtra is a systematic study of the emotional and sensual nature of human impulses and of man-woman relationship.” He undertakes an analysis of the worldview that is behind this work and finds that the intent of this work is to provide a positive and balanced approach to sex and sexuality (along with other Puru•ārthas), and to emphasize the value in enhancing human life as well as social existence.
Asghar Ali Engineer, a contemporary interpreter of Islamic sources, presents “A Liberative Approach to Issues of Muslim Women in India.” Posing challenges to some interpretations offered by official interpreters of Islam, Engineer tries to build up a new approach, which is fundamentally based on the Qur’an that would set the stage to liberate women, who suffer for centuries under the repressions apparently attributed to the Islamic tradition. His prophetic voice urges his co-religionists to pursue self-criticism and reform of life vision and practices in tune with “the fundamental values and vision of life enshrined in the Qur’an” and, thus, “to empower Muslim women, to reduce rate of childbirth, to usher in religious and social reforms, there is a great need to improve general economic condition which, in turn, will improve educational status of Muslim women and that, in turn, will bring in greater awareness for change.”
“Sexual Dilemmas and Moral Reasoning: An Approach to Girls’ Sexuality and Sexual Pleasure,” by Vimala Chenginimattam, taking cue from the positive teachings of Pope John Paul II on the theology of the body, maintains that the contemporary crises in the arena of sexuality call for reclaiming of “the sacred ground of human sexuality.” Situating her discussion in the problems that girls encounter in their sexual development and self-expression, which is curtailed by cultural, social, and religious taboos, and locating some of the answers provided by contemporary feminist authors, like Carol Gilligan, Vimala affirms that there is a need for “an acknowledgement of girls’ embodied sexual feelings.” Identifying the necessity of moral orientation in sexual education, the article calls for “a change in our worldview, especially pertaining to the world of girls and women, which highlights their true feelings, knowledge, and experience.”
Finally, in a reflective article, “An Epistle of St. Paul on Sex: A Pauline Response to Issues of Sex in Contemporary Society,” by Benny Nalkara, offers a modern Christian theological response to the contemporary questions pertaining to sexuality. The author, juxtaposing himself in the place of St. Paul, whose epistles have been accused of lacking a balanced view on matters pertaining to sex, offers an explanation of Pauline position on sex, clarifies certain confusions that have crept into the modern understanding of his writings, and tries to offer a constructive Pauline perspective in approaching the problems in the area of sex and sexuality that we encounter in the contemporary society. Interestingly, the article concludes the Pauline epistle by presenting sex as a blessing that enables us human beings to attain communion of persons.
So, this issue of the Journal of Dharma brings together contemporary reflections on sex and sexuality. All these articles approach sexuality from various angles of religions. Interestingly, all of them converge on the need of cultivating a positive attitude towards sex and sexuality, so much so that human wholeness – individually and socially – can be finally attained.
Indeed, sex as a physical and psychological endowment has many far reaching dimensions affecting the human person as a whole. In our attempt to avoid any mechanistic or physical understanding of sex and sexuality, the contemporary era is in need of pooling together all that sex and sexuality can effect in the life of an individual and society. Approaching sex as a tool to attain pleasure and individual fulfilment, a holistic approach calls us to take it to be a fundamental human vital energy that is capable of effecting lasting relationship between two individuals of opposite sex, and through them opening up the horizons of human communion to the rest of the humankind. If this could be attained, sexual power and the ensuing lasting relationship would ultimately turn out to be the cornerstone of a flourishing human person, on the one hand, and a stable, happy, and progressive human society, on the other.

PHILOSOPHY AT DHARMARAM AND AN INTEGRAL OUTLOOK

PHILOSOPHY AT DHARMARAM AND AN INTEGRAL OUTLOOK (Editorial)
‘Dharmaram’, translated as a ‘garden of virtues’ and symbolizing the Sacred Heart of Jesus, is a name the founding fathers of Dharmaram College have consciously and purposefully selected to lay the foundation of a noble legacy of integration that would mould a group of human beings and a set of institutions for the coming generations. It is an aram, a garden, where everything has its constitutive role, resulting in the very formation of the garden itself. The garden, in turn, sets the dynamic ambience where each person and each thing can find its rightful and meaningful place. Indeed, primarily, the garden that the Dharmaram is, as the Sacred Heart of Jesus, symbolises a nurturing ground of human beings who would blossom into persons endowed with virtues, i.e., with an integral outlook that would pave the way for oneself and others, along with the whole nature, to co-exist and pro-exist, and work for the establishment of a just and dialogically vibrant society.
Dharmaram College, which celebrated its golden jubilee in 2007, was originally established to provide philosophical and theological education to Catholic men with the intention of training Catholic priests and Christian leaders.1 The motto of Dharmaram College is “isabhakti paramjnanam,” which literally means “devotion to the Lord is Supreme Wisdom.” Dharmaram College, therefore, “pays constant attention to the spiritual values to be cultivated by the students, as well as to a thorough and profound intellectual discipline to be acquired by them through isabhakti (devotion to the Lord) and its ever flowing paramjnanam (knowledge par excellence), leading them to an integral transformation.”2
In course of time, however, its horizons were opened up to the needs of the people of Bangalore, thus, initiating various educational endeavours on and off the campus, a move that has now become a mark of quality education under the leadership of Christ University.3 As per the statistics available this year, Dharmaram campus caters to more than 15,000 students on a daily basis, and the courses offered range from pre-primary education to doctoral studies in specialised subjects.
Dharmaram, through its allied and affiliated institutions, has moulded a myriad of good citizens, educators, scientists, social workers, etc., from the secular perspective, and a galaxy of well-motivated and dedicated Christian priests, religious, missionaries, and lay leaders who continue to stand in good stead in the multi-faceted fields of Christian service carried out both within and outside India. What is characteristic of the training imparted in this campus, which has become the ‘Dharmaram legacy’, is the successful insistence on the formation of an integral outlook. History will testify to the fact that the Dharmaram style of education stands in good stead in enabling her wards to meet the challenges of the changing times within India as well as outside.
In an attempt to take stock of the evolution of Dharmaram legacy, I shall briefly recall a few landmarks. The Sacred Heart Study House of the Carmelites of Mary Immaculate, a Catholic religious seminary founded in 1918 at Chethipuzha, Kerala, was shifted to Bangalore in 1957 and was given the name Dharmaram College. On December 8, 1965, Dharmaram College was affiliated to the Pontifical Gregorian University, Rome, by a decree of the Congregation for Catholic Education. On January 6, 1976, by the decree Nobilissimae Indiarum Gentes, the Congregation for Catholic Education established in Dharmaram College a Faculty of Theology with the rights and powers to confer the Bachelor’s and Master’s degrees in Theology and Bachelor’s degree in Philosophy.
In 1975, with a view to widen the scope of ecumenical activities, Dharmaram, under the auspices of its theology wing, worked out a programme of collaboration in the field of religion, philosophy, and culture with the United Theological College, Bangalore. A one-year diploma course in Spirituality and Counselling, started in 1992-93, was enhanced into a two-year master’s degree programme in 1994. Apart from these developments, in 1994, an extension centre for the study of theology named Samanvaya Theological College was established with its headquarters in Bhopal in the state of Madhya Pradesh for a contextualized theological formation in view of the changing pastoral and missionary scenario and the corresponding theological reflection (Its other regional centres are in Jagdalpur, with its specific thrust on the Tribal cultures, and Rishikesh, with its unique ambience of multi-religious dynamism). Under the auspices of the Faculty of Theology there is a one-year diploma course in Theology and Religious Sciences, specially designed for the consecrated religious women, which is conducted at Jnanodaya (Bangalore). In 1999, an Institute of Oriental Canon Law was established (aggregated to the Pontifical Oriental Institute, Rome), which offers a three-year licentiate programme in Oriental Canon Law. Further, in 2004, the Centre for Biblical Studies was reconstituted to become the Centre for Biblical and Theological Studies; this centre offers a one-year diploma course in Bible and Theology especially for the laity in and around Bangalore. In 2007, the Faculty of Theology started its bi-annual journal, Asian Horizons, indenting to avail the platform of Dharmaram integral theological deliberation to a wider audience through the publication of scholarly articles that would see to the blending of Christian vision and Oriental patrimony in the existential crucible of the Indian milieu.
Along with theological and secular university education, from its inception itself, Dharmaram had initiated her students into various philosophical streams of thought. It is a matter of pride that the founding fathers of this temple of learning made it a point that all her students are acquainted with the philosophical patrimony of the Indian thought along with other secular and Christian schools of thought. Taking into account the fact of religious pluralism in India and the need of equipping her students to positively respond to it, Dharmaram instituted, in 1971, Centre for the Study of World Religions (CSWR) with the noble intention of fostering better understanding of the various religious traditions; it continues to work for the promotion of research in the area of religious dialogue by imparting short term and long term regular programmes to national and international student groups. In 1975, Dharmaram College also started the publication of Journal of Dharma, an international quarterly for the scientific study of religions and philosophies, with a commitment to enhance research in the fields of inter-religious dialogue, ecumenism, and philosophy, and, thus, to contribute to the development of indigenous philosophies and theologies. It was by the decree Antiquissima Indorum,4 dated December 8, 1983, the Congregation for Catholic Education, Rome, created the Faculty of Philosophy in perpetuity. In the same year, an extension centre of philosophy, Darsana Institute of Philosophy, was established at Wardha in the state of Maharashtra.
Dharmaram has made a lasting and far reaching impact within the Indian Church through its existence over a period of fifty years. Her academic excellence is recognized and sought after by many other institutions; the lead given by Dharmaram has been carried over by many other scholars and institutions in India.5 In an attempt to impart the integral vision to the people of other cultures and continents, Dharmaram has opened up its horizons to wider international audience at two international centres, one in Rome (Chavara Institute for Indian and Interreligious Studies) and the other in Sacramento, California, USA (Chavara International Centre for Indian and Inter-religious Studies).
As the Faculty of Philosophy celebrates its silver jubilee in 2008-2009, I am pleased to affirm that the professors as well as the students of this faculty have played a pivotal role in the development of an integral outlook that has become the characteristic feature of Dharmaram legacy over the years. The ground-breaking initiatives of the stalwarts like John Britto Chethimattam, Thomas Aykara, Francis Vineeth Vadakkethala, Thomas Kadankavil, Albert Nambiaparambil, Thomas Mampra, Thomas Manickam, Cyriac Kanichai, Gabriel Aranjaniyil, etc., who had been the backbone of philosophical education in Dharmaram over a period of 30 years have opened up new avenues in Indian Christian thought. It must be respectfully acknowledged that the noble vision of Jonas Thaliath, Canisius Thekkekara, Januarius, Paulinus Jeerakath, Mathias Mundadan, Joseph Pathrapankal, etc., had the foundational role in the flourishing of the unique mode of philosophical programme at Dharmaram; moreover, their own innovative theological deliberations have had a catalyst effect in promoting the integral mode of philosophical education within Dharmaram and in many other institutions across India. The much acclaimed Indian theology, to my mind, had its roots in the pioneering work done by these talented and erudite philosophers and visionaries.
Just as everything has an integral place in a garden, the programme of philosophy that was designed by the visionaries of Dharmaram took care to make a blend of sacred and profane, religious and secular, East and West, Christian and Indian, without losing sight of the ‘little’ traditions (although it took a long time for their official recognition) and ‘unorthodox’ schools of thought. Addition of two important centres – Centre for the Dalit Studies and Centre for Women Studies – is hailed as important and insightful steps in the evolution of Dharmaram legacy.
The careful planning initiated by the teaching faculty insisted on an integral balance of the subjects taught in the curriculum. Without sacrificing the academic requirements stipulated by the Congregation for Catholic Education and the perennial philosophical patrimony of the Catholic tradition, a meticulously planned programme was put in place, with the intention that a student who passes through the portals of Dharmaram should have not only a deeper theoretical understanding of human thought evolved through various secular and religious traditions, but also should have a lasting respect for their vision of life and ennobling practices. This was not a mere pious wish, but a definitive project, which also included equipping students to acquire the critical acumen to approach these same traditions with a view to engage in constructive dialogue as well as critical and creative appreciation. Of course, this goal amounted to additional working hours both for the teaching faculty and the students; however, as it is an outlook gravely in need, especially in the disturbed pluralistic contexts of India and the wider global horizons due to their too late realization and recognition of the plurality of religions and cultures, all at Dharmaram have taken to heart this noble responsibility and have invested the best of resources into it.
The integral outlook introduced in the academic programmes is creatively supported by two main organs of Dharmaram: the Centre for the Study of World Religions (CSWR) and the Journal of Dharma, the international quarterly of religions and philosophies. While the CSWR conducted regular wide-ranging programmes to equip the wider public of Bangalore city and others, especially in fostering better understanding among various religious, cultural, and ethnic traditions, Journal of Dharma made Dharmaram platform’ available to the international audience through the publication of research articles and reviews on issues pertaining to religions and philosophies. While the former mainly catered to the local audience through discourses, dialogues, and experiential prayer/sharing sessions, the latter toiled in initiating mutual understanding and respect among various traditions and disseminating the same to international centres of higher learning, by bringing together the best minds around the world through its quarterly publications. These two arms of the faculty of philosophy have been, therefore, instrumental in making the faculty very vibrant over the years, and making its vision and presence felt all over the world.
Further, the research programmes, both at the licentiate and doctoral levels, have been successful in eliciting interest among students to dwell deeper into the wisdom of wide ranging traditions. It is a matter of pride that some excellent theses at the licentiate and PhD levels have been published and are well acclaimed by experts as well as the erudite public. Moreover, the training imparted at the licentiate level has had a very successful catalyst effect, as most of the scholars trained at Dharmaram have assumed their responsibility of teaching philosophy or theology at various centres. They, in turn, carry forward the noble Dharmaram tradition of integral philosophical education in the institutions they have assumed their office.6 In one of the editorials in Journal of Dharma, I wrote about the Dharmaram legacy of education as follows:
… Dharmaram has taken the lead in initiating positive steps in inculcating a healthy approach towards different religions, cultures, and linguistic groups. Many who have passed out of this institute have changed batons with the succeeding generations in the field of ecumenism and inter-religious dialogue and harmony. The success of “Dharmaram-style education” could also be attributed to her ability to integrate nature with nurture, the human with the divine, the secular with the religious, and the profane with the sacred. It enables each of her wards to be human beings thoroughly rooted in their own culture and tradition, but at the same time transcending their bounds and boundaries to share the riches of our common human destiny and to reach out to the unseen and unexplored horizons, thus, constituting the supreme wisdom as the ultimate aim of education.7
This noble and effective chain will set a new phase and face in inculcating positive outlook and approach among/toward various traditions, even if apparently they seem to be antagonistic in theory and practice.
The opening of Dharmaram Academy for Distance Education (DADE), in 2007, is a milestone in taking the integral vision of Dharmaram to a wider audience. In the age of information technology and information explosion, DADE could reach out to many who cannot come to the campus on a daily basis. In just one year, this Academy has successfully launched post-graduate diploma programmes in seven different areas, including philosophy. Here is a laudable step that will have a lasting and effective impact in the years to come, especially in spreading the message of integral outlook far and wide.
Our philosophical engagements are not one of denying the existence of other traditions and schools of thought, but of recognizing the other/s, responding to the issues raised from such recognition, and of engaging in ongoing dialogues. That is, there is an existential realization that our life world is fundamentally plural, that there is the possibility of divergent viewpoints and life visions, without precluding one’s own meaningful and dynamic existence. Yet, our programme does not leave all these discrete entities as mere parts of the plural, but enables every individual to evolve an integral viewpoint for oneself. In fact, Dharmaram does not serve a ready-made solution to the reality of plurality, but enables her scholars to weave and blend together their own view of life.
It might be emerging from the very Indian mindset that the training in philosophy was never restricted to secular philosophers and their philosophies. The fundamental religious outlook that Dharmaram has assumed always made room for recognizing and incorporating the religious wisdom bequeathed to humanity by renowned teachers and founders of religions. As their insights have been effective in moulding the outlook of generations, mostly for good, our philosophical programme has a significant focus on philosophies emerging from various religious traditions. The integral outlook that we facilitate in our scholars makes sure that no valid contribution as far as the human thought is concerned is neglected; on the contrary, we make sure that due recognition is paid to religious as well as non-religious viewpoints so much so that the perspective of life that a scholar develops will have the possibility of recognizing contrary and even contradictory viewpoints. We insist that every scholar is enabled to balance the creative tensions existing among contrary and contradictory and opposing forces: indeed, here is the blending of the physical and the metaphysical, the rational and the mystic, the natural and the supernatural, the human and the divine.
As most of the students attending our programme of philosophy are Christians, specifically Catholics, the cornerstone of their philosophical endeavours fundamentally turns out to be the faith in the person of Jesus Christ. Here, I hold that such a point of view, having its centre in Jesus Christ, does not go against cultivating an open and integral attitude towards other traditions; instead, it provides the best ambience for lasting integration. In fact, it is the very catholic Christic life vision that takes us beyond the limiting horizons of one’s self and all that is immediate. The Christic model of self-emptying for the sake of engendering life in the other is the most generous approach in life and philosophy that anybody can adopt. It begins with the integration of oneself with the others, one’s interests with that of the others, which ultimately climaxes in harmonizing every stream of thought, strengthening the bonds, and widening the horizons in view of building up a new earth and new heaven, the dharma rajya, the kingdom of God.
The Silver Jubilee celebration of the Faculty of Philosophy at Dharmaram is an occasion to take stock of what we have attained so far and, thus, to feel proud of it, which is indeed a justified sentiment. However, as twenty-five years is only a very short period as far as human achievements are concerned, this jubilee celebration shall be taken as an occasion to plan for the future so that the goal of an integral outlook could be better realized in the coming years, especially as the times are changing and the challenges are mounting. In the last twenty-five years, Faculty of Philosophy at Dharmaram, as a tree that has been offering shade and vital life to many seekers of wisdom, has got firmly rooted and has spread its branches far and wide; as a stream that has been flowing and nourishing everyone on its either banks continues to flow serenely, enriching and enhancing all who want to quench their third from her ever-flowing waters of wisdom. Now, the challenge is to let the tree grow taller and stronger to offer better shade and life to many more, and to flow more dynamically into the lives of many, so that the goal of integration not only remains intact but becomes all the more vibrant and life-enhancing.
As the needs and expectation of the society are changing, it is necessary that our programme is revamped in such way that all our scholars are equipped to respond to the existential situation more creatively. Apart from initiating scholars into the age-old wisdom of humanity, especially at the research levels, Dharmaram must chalk out plans to infuse in them a creatively critical and a critically creative approach to various traditions and schools of thought. Further, some important elements, which were side-tracked by the elitist tendency, must be reinstated to the mainstream of philosophical endeavours. They would include further research and studies into the ecological concerns, the subaltern traditions, the feminist movements, post-modern trends in philosophy, etc. The new centres like Centre for Dalit Studies and Centre for Women Studies should assume active role in chalking out programmes for day-scholars as well as wider public, so that an effective conscientization could be initiated. Further, I wish that the Silver Jubilee celebrations also become an occasion to initiate processes to start a new Centre for Environmental Philosophy and Action under the auspices of the Faculty of Philosophy. As these centres become more vibrant and effective, I hope, Dharmaram legacy will regain some dimensions that were lost sight of and open up new vistas in its further philosophical sojourn. Moreover, centres of these stature should be capable of eliciting interest among research students so that more effective research programmes would evolve, thus, initiating more dynamism and broader ambience for integration into the life of Dharmaram itself.
As an integral outlook is never a finished product, Dharmaram has to delve deeper into the questions of ultimate interest, and bring in many more dimensions of life and reality into its philosophical scrutiny and synthesis. It is also high-time that new programmes are designed in such a way that they would respond to the needs of the new generation of information sciences and the emerging social problems. As philosophy could engage in these issues with a healthy distance, the solutions proposed could naturally open up new and better avenues in social life. The faculty as well as the research scholars must become more integral in their outlook and proactive in responding to the current vexing issues of the Indian and international society, which I hope would give a better edge to our programmes, opening up wider horizons, and offering deeper meaning to the existence of the Faculty of Philosophy at Dharmaram.
Saju Chackalackal
Chief Editor, JD
1The vision enshrined in the Gospels, and later articulated in the “Declaration on Christian Education,” has been very much part of the legacy of Dharmaram: “to make a more penetrating inquiry into the various aspects of the sacred science so that an ever deepening understanding of Sacred Revelation is obtained, the legacy of Christian wisdom handed down by our forefathers is more fully developed, the dialogue with our separated brethren and with non-Christians is fostered, and answers are given to questions arising from the development of doctrine.” Vatican Council II, “Declaration on Christian Education,” §11.
2Directory of Dharmaram College 2003-04, inside cover page.
3It was with a view to achieve an integrated study of sacred sciences along with secular subjects that Dharmaram College started on its campus, in 1969, an arts, science, and commerce college, which has achieved “deemed to be university” status in 2008. This prestigious institution, Christ University, offers multi-faceted academic programmes, including research degrees, and operates now in its various on- and off-campus centres across India.
4Interestingly, naming of the documents establishing faculties in Dharmaram – “Nobilissimae Indiarum Gentes” (1976, Faculty of Theology) and “Antiquissima Indorum” (1983, Faculty of Philosophy) – very clearly indicates the ‘Indian’ thrust that Dharmaram has to bear all through her existence. I believe that it was providential as well as intentional on the part of the Congregation for Catholic Education to word the documents in this manner so that the specific thrust and the goal of instituting these faculties in Dharmaram will have a bearing on its programme of learning and research. Indeed, to those who are familiar with the Indian view of life, there is no need to make any specific mention of the integral outlook: it is the quintessence of all that ‘Indian’ is.
5During the past years a number of institutions of ecclesiastical studies have been affiliated to DVK. Prominent among them are the Vidyadeep Institute of Theology, Bangalore (1988), belonging to the Conference of Religious India, Carmelaram Theology College, Bangalore (1989), belonging to the Order of Discalced Carmelites, De Paul Institute of Religion and Philosophy, Bangalore (2001), belonging to the Vincentian Congregation, Pushparam Institute of Philosophy, Mysore (2003), belonging to the Order of Discalced Carmelites, and Ruhalaya Major Seminary, Ujjain, belonging to the Missionaries of Saint Thomas.
6Research in philosophy has assumed a new dimension with the opening of the Department of Philosophy at Christ University, which is practically constituted by the members of the Faculty of Philosophy, DVK. In 2006, the MA in Philosophy was introduced and, in 2008, the MPhil in Philosophy was also opened up. We expect that Christ University would begin its doctoral research programme in 2009, with more emphasis on inter-disciplinary research. As the research in philosophy is opened up to the wider ‘secular’ public, we earnestly hope that our goal of spreading the message of integral philosophy will get further boost and wider recognition.
7Saju Chackalackal, “Religion and Education: A Philosophical Appraisal” (Editorial), Journal of Dharma 31, 2 (April-June 2006), 161-62.

PHYSICS WITHOUT METAPHYSICS?

AN APPRAISAL OF
PHYSICS WITHOUT METAPHYSICS?
In the recent history of philosophy, an obvious shift has already taken place. While almost all philosophers attempted to address the perennial questions that intrigued humanity from its inception by way of formulating rationally consistent systems of thought – either by focusing on the object or the subject, as the case may be – a number of prominent thinkers have questioned the validity of such systematisations, as no system comes up neutrally. They are convinced of the fact, for example, that the so-called a priori is no more completely a priori. In fact, there are many factors that have colluded to give rise to anything that is said to be purely rational. Indeed, human reason itself is said to be the product of myriads of influences, spread through the whole history of human existence. The trend, therefore, is to challenge and overthrow all systems that have been accepted as valid in providing answers to the perennial questions, and to move beyond the boundaries of systems with the hope of striking a better understanding or grasp of reality. Although this deal seems to be quite captivating, especially among the neophytes, the fundamental issue continues to haunt us: Can human mind understand without a framework suitable to its nature, that is to say, in an absolute vacuum? Can reason try to understand the inner recesses of reality – which, in the traditional understanding, requires a move from physics to metaphysics – just by unsubscribing to all systematic schools of thought available to us down through the centuries? Can rationalisation be nothing but anti-systematisation, leading to bits and pieces, whims and fancies, and the whispers of the moment, intelligible or unintelligible?
As Postmodernity has become the catchword in many a philosophical circle, and many researches are being carried out to disprove the absolutist claims made by old and new systems of thought, I wonder whether we can totally be freed from systematisation. In fact, a blanket rejection of systematisation will be suicidal to philosophical deliberations, as human mind cannot function outside a framework of its own, if at all it should make any sense. Moreover, I tend to think that Postmodern thought has gone astray from its target. It is true that the absolutist understanding of many a previous thinker or school of thought should be challenged; if not, it would be a blatant denial of the creativity of human reason. Moreover, Postmodernity brings to our attention that nobody can give the final word on the understanding of truth; we do philosophise, but within frameworks which need to be constantly challenged and overcome. Indeed, philosophising must remain an open project, accessible to and extendable by the entire humanity.
The same dynamics could also be located in the constant struggle between physics and metaphysics, in their attempts to nullify each other, or to win over each other. The medieval glory of metaphysics was shelved during the Enlightenment, and physics had its field day: an unending saga of success enjoyed by the modern sciences and their applications in different areas of human need have made the contemporary humans shun any thrust on the metaphysical dimensions of reality. The questions such as ‘what is reality’, ‘what are the dynamics of reality’, etc., are usually answered within the parameters of physics; for many, only such answers are intelligible. Indeed, any answer that is beyond the terrains of verifiability is fashionably rejected as ‘non-sense’. The trend, in general, seems to belittle and ridicule the value of that which cannot be given to us in observables and measurables: physics and its principles, in particular, seem to reign supreme, and to a good number of physicists they are undisputable and absolute! Thus, physics, without recourse to any metaphysical understanding, apparently tries to master reality. To many, therefore, what is said by physicists is the final word on the nature of reality.
It is against the backdrop of these two trends – the philosophical arrogance of Postmodernity and the omniscience of physics in having copyrighted finality in understanding reality – that I find the relevance and daring nature of Raphael Neelamkavil’s earnest research in ‘Einaic Ontology’, an attempt to re-capture the lost sense of the real, by taking recourse to philosophy and physics, and many other allied disciplines.
In his Physics without Metaphysics? Raphael Neelamkavil successfully launches an articulation and defence of the ontology behind all sorts of philosophical endeavours, especially the philosophies of physics, astrophysics, and mathematics. It presupposes the history of ontological categories and scientific categories (space, time, cause, mass, etc.) from Plato and Aristotle through the modern theories in physical sciences to the twentieth century scientific ontology. His masterly focus, in particular, on Aristotle, Kant, Bohr, Einstein, Armstrong, Strawson, Quine, and Heidegger, and, in general, on thinkers in the philosophies of physics and mathematics, analytical epistemology and analytical ontology, fructifies in giving rise to the mutually collusive ‘Einaic’ categories of cosmology-epistemology-ontology.
The search in this undertaking begins by questioning the ability of purely classificational categories to do authentic scientific ontology, and with an admission that all that there are to Reality in ontological commitment are: (1) particular token entities (processes), (2) ontological particulars (species), (3) epistemologically connotative (of the conscious manner of noting together) universals (species names, qualities, etc.), (4) ontological universals (qualia / ways of being) in processes, and (5) totalities of entities / processes. Of these, substances – tokens and totals – are transcendents, and universals – connotative species names, connotative qualities and ontological qualia – are transcendentals. He proposes to transcend the problem of particularist physics and ontology by using a new set of cosmological, epistemological and ontological categories that are maximally classificational, ideal, provincially singleton-case, and theoretically a priori. All of them, as Neelamkavil claims to show, are necessarily probabilistic and transcends particularism by the ever-widening nature of universals ingredient in tokens and totals.
In general, Raphael begins his articulation based on certain foundational assumptions in ontology: (1) the traditional categories equivalent to substance are to be maximized by substance’s unique Transcendent domain, i.e., Reality-in-total; (2) the connotative presentations of the various categorial attributes in consciousness are to be maximized by the epistemologically connotative and Transcendently Transcendental universal of universals, i.e., the concept of Reality-in-general; and (3) ontological universals active at the processual-relational-essential aspect of beings are to be maximized by the verbal, nomic, nominal and Transcendental universal, namely, the To Be of Reality-in-total. Maximization of transcendentals is by inductive generalization, and that of transcendents is by inductive totalization, justified by the ontology of mathematics. These make their mutual collusion and implication naturally generative of systems that are most truth-probable by reason of their idealistic coherence, theoretical pragmatism, probabilistic relativism and, finally, realistic correspondence of results with matters of fact.
The proposed categories have been argued out from the points of view of contemporary philosophy of physics, analytical philosophy of knowledge, and analytical plus some continental philosophy of being. First of all, the work seems to be very informative of various contemporary analytical trends related to its field of study. Secondly, it delves into the radically cosmological, epistemological, and ontological questions typical of the interface of scientific and philosophical discourse.
Against the Kantian epistemological approach, Raphael attempts to overcome the phenomena-noumena divide by an ontological approach to the cosmological category of Reality-in-total, which is the uniquely continuous substance that includes all possible (actual) worlds that are objectual-causally connected. To procure validity to this concept of substance, he moves to an analysis of the deep-seated scientific-instrumentalistic difficulties in Quantum Mechanics’ manner of cutting up its object into mere statistical phenomena, which one conceived to be a wave at one moment and a particle at another, without any ontological commitment admissible by instrumentalism. He shows how this dichotomy may be overcome scientifically and how Reality may be conceived as thoroughly continuous – a curious nicety, indeed. Soon he moves to the foundations of the Special Theory of Relativity to fill up all possible values of energies and velocities in Reality-in-total as conceivable at the broadest possible realm of “all possible worlds,” by a succinct argument in favour of the actuality of all possible velocities. By now, he is on his way to derive the concept of Reality-in-total that is in all respects thoroughly continuous, which results in the Ontological Principle of Excluded Vacuous Middle. This process allows him to ontologically bridge the phenomena-noumena divide in the concept of the maximal substance, Reality-in-total. Thus, he proposes Reality-in-total as the ontological-cosmological ideal of all discourses on the Worlds, with all its objectual-causal roots, which may possibly be in the Divine too. This allows him to claim that physics cannot be done without a scientific metaphysics: “genuine physics is impossible without Einaic Ontology / metaphysics!” (320).
He proceeds, then, to show that the category of Reality-in-total does not stay alone. It needs the support of its theoretical, conceptual, ideal category. He comes out with a well-knit justification of the need of universals in epistemological, cosmological, and ontological discourses. He derives his justifications in a face-to-face encounter with twentieth century analytical thinkers, who do not – or, partially and particularistically do – favour the use of universals in discourse. He makes also a contribution to the philosophy of universals by bringing clarity to the concept of the universal, i.e., by differentiating connotative-conscious (epistemological) universals from ontological universals that are objectually and probabilistically present (“over there,” by an ontological commitment, not by reference!) in processes in their relational realm. This allows him to conceive of the connotative and inductively most generalized universal of all universals – Reality-in-general – as the epistemological ideal category of all ontological endeavours. He favours treating connotative universals and Reality-in-general as probabilistic because, ever after the Incompleteness Theorem of Gödel, we are not justified in fixing meanings of definitions and terms or validity of truth-statements as absolute. Instead, we must go on pushing axioms and the definitions of primitive and derivative notions, backwards into more general and succinct ones, in systems of any ontological order. So, connotative universals, which are presupposed (or ingredient) in concepts, are ever-widening; and hence, truth statements in Einaic systems are probabilistic.
Finally, Raphael moves to the purely ontological Transcendental that makes both Reality-in-total and Reality-in-general possible. He presents a concept of the Transcendental To Be, the supra-categorial category beyond the ways of being (qualia) and the to be of entities / processes. This seems to be an improvement beyond the traditions of the concept of Being. To Be is the maximization of all ontological universals by inductive generalization, which, in turn, is based on inductive totalization. But, this goes counter to ontological particularism, which, in all its forms, does not go beyond tokens and their immediately wider universals! Confident of the suitability of the new trans-classificational category of the To Be proper to Reality-in-total for ontological consumption, he proposes that we can no more do scientific ontology merely by classificational categories, for they are particularistic. Therefore, the author thinks it is tenable to claim that it is a handicap for science and philosophy at once, if they allow doing science and regional ontologies without the most generally probabilistic and self-transforming categories of scientific ontology. Particularism without Einaic Ontology has been the backbone of the hitherto practice of science. He highlights the problems of particularistic ontologies by making an in-depth study of the particularistic, linguistic, and ontological presuppositions in Quine, Strawson, etc. Raphael contends that, without acceding the most adequate categories of ontological thinking, the scientific categories of particular sciences and regional ontologies cannot at all be justified! Scientific ontology possibilizes science and, hence, without Einaic thinking, science is not what it can and ought to be. In short, only maximal categories can possibilize reality-in-particular and the discourse on actual entities / processes in the sciences! Moreover, by reason of the partiality of particularistic ontological universals with respect to the processes involved, each such universal refers to other and broader universals and, hence, ontological universals too are probabilistic. This fact couches all sciences and regional ontologies in Einaic Ontology.
This probabilistic-universalistic inclination in thought allows this research to transform ontology, particularly scientific ontology, into Einaic Ontology, which is a pragmatic amalgamation of (1) Einaiology, which studies To Be in terms of Reality-in-total and Reality-in-general, and (2) General Ontology, which treats of Reality-in-total in terms of To Be and Reality-in-general. Due to the collusive nature of the three categories, one can never do any one of these two sciences in isolation from the other. This makes Einaic Ontology not only viable, but also ideal and inevitable, universalistic and probabilistically flexible, thus, frameworking the foundations of ontologies beyond metaphysical absolutism of ideal reifications and Postmodern, skeptic, or sophistic absolutism of haphazard relativisations.
In conversation with Raphael, I realize his claim to be that this sort of ontology is also a scientific ontology, since the category of Reality-in-total is the maximized cosmological category of the sciences, which is potent enough to make physical reality, processes and experiments possible. Although Raphael’s work creates only the kernel for a new scientific ontology, it seems to hold the promise of further elaborations and the development of an entire system of philosophy in itself. Given the earnestness of the author visible in this venture, especially in this text, I am hopeful that many of us would live to see more penetrating and extensive researches in the field of Einaic Philosophy, capable of shedding brighter light into the nature of reality, and to answer the perennial questions that keep us haunting in the realm of philosophical thinking.
I deem it important also to draw the attention of the reader to the Appendix that juxtaposes (1) earlier Heidegger’s verbal, aletheial Being and later Heidegger’s enowning and projecting-open Being, with (2) the slightly different, but systemic-probabilistic, concept of the nomic-nominal and processual-verbal To Be, which is simultaneously aletheial to man and enowning-projecting of and co-extensive with Reality-in-total in its maximality. Raphael proposes this latter version of To Be for collusive, probabilistic, and systemic reasons. He seems to hold that both the earlier and later Heideggerian concepts of Being are still anthropic and epistemic, because they do not give a priori objectual validity (i.e., based purely on the mind-independent and trans-phenomenal fact of Reality-in-total) beyond ordinary cognitive apriority, (1) to To Be as the Transcendental beyond Dasein’s appropriation of it in himself and beings, (2) to Being’s giving itself to Dasein, and (3) to Being’s enowning of Dasein and Being’s projecting open (Entwurf des Seins) of Dasein within and out of Being-thinking. Raphael argues that such a Being is comparable to the connotative-epistemological category, Reality-in-general, which is the giving itself of To Be in human consciousness’ appropriation of it as the connotative universal of universals. He shows that an adequate concept of Reality-in-total is lacking in Heidegger. I think, with this interesting suggestion, combined with his Einaic Ontological evaluation of earlier and later Heidegger and demonstration of the exact Einaic Ontological difference between earlier and later Heidegger, this Appendix would invite both appreciative and critical evaluations by those ready to attempt beyond Heidegger.
Although the subtlety of the analysis carried out in this research and the complicated and complicating terminological fiesta that abounds the work may create an impression of an ‘arm-chaired’ philosophical discourse, it is specifically oriented towards practical import as well. The changed scenario of philosophy – especially its need to speculate and rationalise in collaboration with scholars who are involved in research in many other fields, particularly in doing science – is well aware that many among the best of the minds are involved in and committed to scientific investigations. The new scientific theories that have come up in the last few decades have, in general, significantly altered human conception of Reality, though without an anchor to hold on to in the vicissitudes of the constant flux and rational unrest of unfathomableness. So, the practical intent of Raphael’s project is to draw from these theoreticians, and in attempting to go beyond them, he envisions the possibility of pioneering a novel way of doing ontology in the sure dimension of unfathomableness – not for its own sake, but for a genuine understanding of Reality, which is the rationalised goal of all human searches. In this context he is categorical as far as his findings are concerned: “Einaic Ontology is a speculative, scientific ontology in the sense that it makes possible and transcends the categories of the sciences” (302). Moreover, he contends that the Einaic categories that he has justified in this work as the sure dimensions of all Reality and Thought, are applicable to their cosmological, epistemological, and ontological categorical concepts as well.
The novel perspective unveiled in this work is a promise. If the theories available in the known history of philosophy could not settle the issues that intrigued humanity with any definitive answer, and if the continued search for answers is the duty of every human being endowed with rationality, Physics without Metaphysics? and its path-breaking ideas in favour of Einaic Ontology are worth our serious consideration. They hold an impressive promise for doing philosophy that looks for ultimate answers, especially amidst the myriads of theories that crop up every other day. Indeed, even for Raphael – in accordance with Einaic probabilism concerning the new set of categories – this is not the final word in a philosophical settlement of the nature of reality. It is an initial but courageous and firm step, a step that must be pursued further to unveil and traverse unforeseen horizons in encountering and understanding Reality.
Dr. Saju Chackalackal CMI
Associate Professor of Philosophy
Dharmaram Vidya Kshetram
Bangalore 560029, India
Email: saju@chackalackal.com

Trail Blazers: MY ‘MEDICAL’ PILGRIMAGE TO THE “ISAI BABA” OF CHANDPUR

MY ‘MEDICAL’ PILGRIMAGE
TO THE “ISAI BABA” OF CHANDPUR

Dr. Saju Chackalackal CMI

ABSTRACT:
This is a pilgrim narrative on the person of Fr. Aji Sebastian Parekattil Cmi, known as “Isai Baba of Chandpur” and his mission in the field of herbal medicine as it is practised in a humble institution, Darsanalaya Ashram, situated in Chandpur village of Faridabad, Haryana. Having received the special vocation, Fr. Aji has adopted the lifestyle of Indian Sannyasa within the CMI congregation; he has received his initiation into this way of life from the well-renowned Swami Sadananda CMI and tries to blend his quest for Christian realization with his taste and expertise for herbal medicine and social uplift of the poor and downtrodden. The catholic spirit of welcoming everyone into the Ashram – to live and participate in all activities as a cordial community – has the added emphasis on ecumenism and inter-religious dialogue. The tapasya in the lifestyle and ministry of this young Christian missionary is tremendous and enduring; the sense of mumukshutva (longing for eternal liberation) is positive and all-enveloping.



It was a usual evening walk for me around the ‘CMI-famous’ Dharmaram Ring Road with Fr. Benny Nalkara. As the first ever CMI Ashrama Aikya (2008) was scheduled to begin the next day in Vidyavanam Ashram (founded by Acharya Fr. Francis Vineeth CMI) on the outskirts of Bangalore, the ‘very rare species’ of half a dozen CMI Sannyasis from all over India were moving around Dharmaram Campus. Interested in the movement and taking note of the gathered noble confreres clad in ‘kashaya vastra’, I, though an outsider, was happy to see our scholastics earnestly gathering around them and animatedly conversing with them in and around Dharmaram verandas. A novel figure, for me, was Fr. Aji Parekattil, belonging to SH Kalamasserry Province, who seemed to be attracting larger crowds, from philosophy as well as theology sections. Though I had heard about him from my younger colleagues, his popularity among brothers did not give me a chance even to have a word with him. During our evening walk, however, I found the crowd easing out, probably as brothers were moving to the playgrounds. And there he was, Fr Aji moving with agility, moving in our direction, beaming with a spontaneous serene smile. As Fr. Benny knew him well, they exchanged pleasantries.
Then, it was my turn, and as I greeted him and introduced myself as Fr. Saju, he asked me in return: Chackalackal? That was a welcome question as it indicated his familiarity, though so far we never had a chance to meet in person. As Fr. Benny introduced to me Fr. Aji’s credentials as a ‘medicine sannyasi’, I had a flash thought in my mind and I thought aloud: “Why not, then, I also give a try?” The question was certainly existential to me as my recent Ayurvedic treatment in Bangalore had not given any return as to contain my rheumatic arthritis and the recent spurt of related joints’ pain. Sensing the need of the hour, Fr. Benny took leave of us.
As I started to narrate a bit of the case history, Fr. Aji expressed his wish to visit a couple of his acquaintances living on the Campus. So, we decided to have a long evening walk together. As we were first heading for Alphonsa Bhavan, I continued my narration and I could see the attention with which he listened and made a few clarifications. By the time we reached the FCC Sisters’ community, I could immediately feel the popularity this young Swamiji claimed among the Sisters from north Indian missions. As Sr. Cicy Therese started exclaiming about Fr. Aji’s success in Chandpur village in Haryana through his medical assistance and social services, she narrated how bad were the times when she worked as part of the San Joe project. As she put it, which was later corroborated by others, Fr. Aji’s timely interventions had been crucial in bringing about social as well as religious harmony in the surrounding areas of Chandpur village. Sr. Cicy was very vocal: “Well, your success in a place where everyone else had failed is really great!” There came another member of Alphonsa Bhavan, Sr. Treesa Poonely. She, in fact, was the teacher of Fr. Aji during his early schooling. As she saw him, at once, I could see her eyes beaming with pride in the noble status her favourite student has attained. Immediately, though, I also witnessed her eyes welling up with tears as she checked Fr. Aji’s sannyasi style clothing. As she could not contain her embarrassment at seeing her now ‘priest-student’ not covering the upper part of his body (of course, he had his kashaya shawl around his shoulders), she ran away in tears, though she came back immediately (hopefully by the gentle promptings of Sr. Leony, her superior). Fr. Aji’s close association with Swami Sadanand also brought around another group of sisters, including Sr. Selmi, sister of martyred Sr. Rani Maria FCC. I could see their admiration for what Fr. Aji is and what he has achieved in terms of his mission at this young age. On our way back, apart from meeting Fr. Mathew Koikara, we also met Swami Sadanand who had come to participate in the “CMI Ashrama Aikya 2008.”
As we came closer to Dharmaram, it was already dusk. The bare-footed Fr. Aji immediately turned out to be the medicinal man and plucked out a handful of plants from the unkempt lawns on the side of Dharmaram Ring Road. That was the beginning of the treatment. He also gave me another prepared medicine that he carried with him from his Darsanalaya Ashram in Chandpur, Haryana. The package of treatment also included a ‘kashayam’, which I was supposed to prepare by myself (of course, Bro. Joseph Muttanolil, the secret behind many Dharmaram administrations’ success through his expertise and diligent planning of Dharmaram Catering Department, was very generous to get it done). As I started regularly taking these medicines, in a few weeks’ time, I could feel substantial changes, especially with regard to the joints’ pain. Thanks be to God and to Fr. Aji for the timely help!
It was in this context that I finally decided to visit Fr. Aji in his Ashram in November 2008. As my travel plan was laid out, he said that my arrival in Delhi coincided with his weekly consultation in the Syro Malabar Centre in Mayur Vihar (Sector II), New Delhi. He, then, generously promised to pick me up from the New Delhi railway station. However, as my train was delayed by about four hours, we had to make alternate plans for the pick up at midnight and my further travel to his Ashram the next day. Bro. Paul Chully, a relative of mine and the superior of Patrician Provincialate in Delhi Cannt., became the ‘Good Samaritan’. After a good sleep and the morning table fellowship (both Holy Eucharist and breakfast) with the Patrician Brothers, Bro. Paul was generous enough to accompany me up to Darsanalaya Ashram in Chandpur (in Faridabad district of Haryana). Though it was a drive for more than two hours, we enjoyed first the smooth Delhi metro traffic and, then, the greeneries and cultivation beyond Faridabad town.
Finally, by 11 am, I reached Darsanalaya Ashram along with Bro. Paul. Situated on the outskirts of Chandpur village, simple looking in structures, neatly kept surroundings, immersed in the silence and simplicity of an Indian ashram, Darsanalaya had an all-welcoming outlook.
As we entered the Ashram premises, Fr. Aji was found sitting in front of the ‘Baba Kuteer’ with a couple of people. Later I realized that they consisted of his patients as well as students (including two Deenabandhu sisters and a lay person from Jagdalpur mission) who had come for treatment and training in herbal medicine. As we got down from the car, Fr. Aji promptly came up to welcome and receive us. While one of his assistants guided me to the room where I would stay, others offered us tea. While Fr. Aji continued to engage with his patients, we moved around the rest of the Ashram premises: simple but convenient was my first impression about the structures. They included a CMI Sadan, Baba Kuteer (which was built and donated by Fr. Aji’s friends, including VHP supporters, known among them as “Isai Baba of Chandpur”), pharmacy, treatment rooms, rooms and dormitories for in-patients, and a kitchen and dining room.
Apart from the simple looking structures, what captivated me the most were the atmosphere of openness found to be prevailing in Darsanalaya Ashram and the serene smile on the face of Fr. Aji as well as his always ready to help attitude. They made an altogether different atmosphere within Darsanalaya, especially when compared to the formal and, sometimes, professional style adopted by many of our religious houses in the South.
As Fr. Aji had settled with the visitors, he promised to take us to the only neighbouring Catholic institutional complex, San Joe Puram, established under the auspices of Syro Malabar Delhi unit. An educational complex with the noble aim of providing “inclusive education” to the handicapped and under-privileged children, San Joe Puram consisted of a moderately large school, priests’ residence, few convents that also housed different types of handicapped or challenged or orphaned children, a nursery school, a destitute home run by FCC sisters, and some other social work units. In all, it gives a well-planned campus for the uplift of the downtrodden. As it was a working day, when we visited various convents, we could hardly see any of the inmates. However, as we reached the school, we could feel the pulse of the campus – especially because it was November 14, the Children’s Day. The pleasant surprise was my inability to identify the ‘handicapped’ ones among them: they were all together. Remember, the motto of the campus is “inclusive education”!
The last religious house that we visited on that day was the convent belonging to FCC Delhi Province and it was already 1.30 pm; and I should not forget the lunch we had there, especially the ‘koorka’ curry. As Bro. Paul already knew some of the sisters and the destitutes (who were originally brought from FCC Delhi community), visit to this community turned out to be a pleasant surprise for him.
Finally, highly impressed by the presence and ministry of Darsanalaya Ashram and having had a quick glimpse of the Syro Malabar mission in Chandpur village, Bro. Paul Chully returned to Delhi, as the Open School answer sheets awaited his final signature at Mount St. Mary’s School.
In the afternoon, I could see more activity around the Ashram. More and more people came from different parts of Faridabad and Delhi in search of the medical wisdom of the Baba. Although most of the cases that were referred to him were chronic in nature and rejected by famous hospitals and physicians – both Allopathic and Ayurvedic – Baba kept his cool, basing himself on his theory of human wellbeing: the necessity of maintaining balance between heat and cold. He prescribed medicines and exercises as per the variant cases he was addressing.
A major link for Baba to keep in touch with his patients and their concerned relatives is his simple mobile phone. Except during his meditation, prayer, and Eucharistic celebrations, one would find him conversing with many on his cell phone, giving them tips to keep up their health – from friendly advices to stern medical instructions. Most of the new cases that came by way of phone calls were given the reply – but only after assuring them of a possible solution or, at least, a try to induce hope among the ‘hopeless’ – that they may visit him either in the Ashram or in Delhi, where he holds regular consultations once a week. By the way, it is reported that Fr. Aji meets about one hundred patients during one of his weekly consultations in Delhi, most of the patients being migrant settlers from Kerala.
I was deeply impressed by another group of visitors from the surrounding village Chandpur: they were school going children. A good number of them were seen in different parts of the Ashram premises. They came to the Ashram in search of its solitude as it better facilitated their studies. More moving is the attitude of the Ashramites in welcoming them to spend their time for studies. Interestingly, Baba knows all of them personally, including their names. Praiseworthy is the presence and involvement of otherwise silently moving person of the regent, Bro. Jerrys Marottickal. After settling his responsibilities in assisting Baba, by evening, he turned out to be an expert English teacher. There was a group of 15-20 students of various classes; as per each one’s need, Bro. Jerrys instructed them in English language, which would otherwise be impossible for these village children. Baba, true to the spirit of the Ashram, not only appreciates the innovative ministry of his regent but also promotes this meaningful ministry with creative assistance. The remote village of Chandpur, which does not have any chance of getting support for its children to study English, is certainly blessed by the initiative of Bro. Jerrys and the people are really grateful for the same and many more.
At 7 pm, we started the Eucharistic celebration. Celebrated in the simplicity of the Ashram chapel, with a text that is sufficiently adapted for the innovative spirit of the Ashram ideal, this evening Eucharist became a cherished experience. It was the celebration of the whole Ashram, meaning to say everyone in the Ashram actively participated in the celebration, singing and praying, playing various musical instruments and taking their turns in performing ‘arati’, etc. Although the congregation hardly consisted of fifteen members, the celebration was really worth it: it did give me a wonderful experience. The spontaneous and melodious Hindi chantings of Fr. Aji and hymns sung by the entire congregation, along with intoned and rhythmic prayers led by the Baba of the Ashram, really made it a rare blend of spiritual flavour and traditional and native ingenuity. The Bharatiya Pooja was interrupted (from the point of view of a traditional liturgist; it was, certainly, a meaningful and welcome change for me) after the ‘Breaking of the Bread’ for an hour long Eucharistic adoration. As I firmly believed from my good old novitiate days with Fr. Dunstan of holy memories that Eucharistic adoration could be aptly placed before the communion, I was really happy about the way it was arranged and conducted at Darsanalaya. After an hour long prayerful reflections, singing, and silent adoration, we concluded the evening liturgy with communion and final blessing. As the Mass was about to close, I gently declined Fr. Aji’s request to say a few words as a message to the gathered congregation. Not that I did not have anything to say (all those who know me know it quite well), but I did not want to spoil the rich and enlivening experience of that evening by my out of context English dry preaching (as some of my Epistemology lectures finally end up for the BPh students at DVK!).
After a simple meal, typical of an Indian Ashram, I spent a couple of hours with the Baba. He shared with me his cherished dreams in connection with Darsanalaya Ashram and his healing ministry. Though at times he mentioned in passing some of his frustrations in the ministry, by and large he cultivates a very positive outlook on all that happens and takes everything in the providential plan of God.
One of his dreams is to establish a network of healing ministry all through the 300 and odd villages of Faridabad district of Haryana. His plan is to train at least one person from each village in herbal medicine, who would be, in turn, equipped to cater to the health needs of the people of the locality in a cost effective manner, which is certainly a way of healing closer to the nature. In order to realize this dream project he hopes to receive some funding (which he thinks would not be that difficult, as the Delhi diocesan authorities have shown keen interest in the same). However, as this would involve a lot of office work and wide range of organization, Baba hopes that the authorities would provide him someone with expertise along that line. Once such a priest is available to organize the project details, he assures that it could be easily worked out and people in every locality of Faridabad could be networked and helped for a healthy life in the natural way.
Another dream that Fr. Aji shared with me is the possibility of a regular and ongoing training in herbal medicine arranged under the auspices of our CMI Secretariat for Social Apostolate. Fr. Aji hopes that the expertise of our own members and other religious engaged in this field could easily be tapped and information could be disseminated for the greater good of the people spread all through our missions in different parts of India. As his Ashram is located in an interior place that may not be easily accessible to all, Baba’s proposal is to arrange it by a central agency, which would also be better coordinated and effectively managed, again, for the greater good of the people and our mission.
I was pleasantly surprised by the information that Darsanalaya is a registered charitable society with an aim of imparting inclusive human growth in Faridabad district. Its main activity, as of now, is extending financial assistance to a group of 130+ students – both for school education in Hindi and English medium schools and for the higher education of students from the surrounding villages. Funds for this noble mission are collected through the goodwill of the families of his treated patients and well-wishers of the movement that he has initiated. As they come to know the life and mission of Fr. Aji and the thrusts of Darsanalaya Ashram, he told me, people are overwhelmingly generous to sponsor one student’s education. Further, he has also devised an ingenious method of placing a box for coins in the families of his friends and associates (after the model of ‘pidiyari’ introduced by our Blessed Founder Father Chavara). He attests to the fact that it has been a successful experiment and has been a substantial source of scholarship for the village children. Maybe, that is yet another model that could be inspirational to a lot of our social uplift programmes which could be funded from our own indigenous sources.
During the day, there was a couple from Delhi, the wife working for a foreign university that has its national office in Delhi and the husband working for an MNC but simultaneously engaged in photography, sculpture, and cinematography. Incidentally, the lady is a patient of Fr. Aji and had been relieved of her chronic asthma. After the effective treatment, they come and spend their weekends at the Ashram. This young man, Mr. Ashok Sadan and Mr. Anil Kumar, along with Fr. Aji, are jointly involved in producing a couple of films of social interest. Though not made with commercials interest, they hope to get wider screening for their forthcoming movie, “What” (a multi-lingual movie, to be released by the end of 2008). Apart from these, Mr. Ashok has produced a very short film of five minutes on Fr. Aji, title “The Companion: True Tale of a Young Sage.” It is scheduled to be screened in Italy in a two months’ time (It is good to recall that Mr. Ashok’s two movies were awarded the best short film by the same Italian agency in consecutive years). It is a five minutes long movie and, as I watched it on the Ashram’s computer, it tries to catch glimpses into the person and mission of the Baba of Chandpur.
As all these unravel, Fr. Aji is intensely aware of the need of silence, personal prayer and meditation, and ongoing updating of spiritual as well as medical knowledge. As the number of patients increases and as the medical and social activism gets intense and demanding, he feels the need to withdraw more into the interior of his own self. However, as his treatment is found to be doing a lot of good to the people and as he is able to light up the lives of many, who had lost their hope due to incurable diseases and were unable to lead a normal life, it is his wish that some others from our own communities would take up this mission.
Baba also shared with me a couple of invitations or inquiries he has received from diocesan and religious authorities to be part of the Ashram movements already initiated in their localities. Although some of these invitations are close to his heart and are constantly tempting him, he does not plan to abandon Chandpur, his first successful and acclaimed experiment.
In view of further enhancing his mission, Baba is involved in an ongoing search for new wisdom – both in the field of spiritual experience and medical expertise. His readiness to study from anyone is worth mentioning. He is ready to listen with an open mind and heart, and is also ready to share his knowledge with others with an equal interest to invite and enable them to enhance the horizons of Christian mission. An emerging wish is to involve in scientific study of herbal medicine, which he hopes will earn him an academic degree that would technically qualify him to practice medicine without any legal hurdle. Moreover, such a credential is necessary in the modern world of medical expertise, as anything untoward happening to any particular patient could lead to the jeopardizing of his very mission in the rural areas. He told me that he has approached the authorities for necessary permissions and, if granted eventually, he hopes to undertake serious study of herbal medicine, but without relinquishing his commitment to the Chandpur mission. As a foreign university has already shown interest in his new treatment theory, he also has hopes that their positive acclaim would eventually come handy in this direction. May the academic and scientific studies of Baba contribute to the widening of his mission horizons and deepening of his apostolic commitment!
I was amazed to see the media attention that Fr. Aji has received in the recent past. As his services are recognized by the wider public, media has taken interest in his achievements; most of the published or telecasted entries highlight both his person and his services to the underprivileged of Chandpur and surrounding villages. He has already received positive coverage in newspapers such as Hindustan Times, Malayala Manorama, and Mathrubhoomi. He was also interviewed by TV channels, such as Kairali, Asianet, and Jaihind. As there is growing interest in his mission, even BBC has started to survey his services and conducts research into his new theory, treatment procedures, etc. In an era of media might, it is indeed worth the trouble that his services are receiving wider coverage in various media networks. Indeed, I wish that such openings would give his mission more penetration to the unknown areas and accessibility to wider resources.
As the next day started, I could see people coming to the Ashram. There were more people from the locality visiting Baba for his advice both on health issues and other matters, as they value his advices very much. It was a Saturday: young boys and girls, again, started to come from Chandpur village for their study purpose. Some of them sat under the neem trees and others took their place on the front portion of the Baba Kutteer, where Bro. Jerrys usually gives his instruction in English language. All of them come again and again to the Ashram premises, as they find the atmosphere suitable for their studies and silent reading.
There was also another group of people coming from Faridabad, requesting Baba’s assistance to settle issues related to land purchase. As I learned from them, some legal complications arose as some of their purchased land had been occupied by the villagers; they know that getting rid of them is not easy. As they believe that only Baba could talk to both the parties in a reasonable manner to bring about a peaceful settlement, they continue to press him to get involved. I was happy to observe that, responding to their positive request, Baba is confident that he could resolve the issues after talking to the concerned persons, though it would require more time and patient persuading. Appreciable, indeed, is the social standing of the Baba of Chandpur in the locality!
By noon, there were more patients from Delhi. As Fr. Aji puts it, it is usual for a good number of families (of the already treated patients) to drive to Darsanalaya Ashram during their weekends, participate in the prayers and other Ashram activities, visit the neighbouring institutions of the destitutes, relax a day or two by spending time away from the busy schedule of their Delhi city life, then, being refreshed and relaxed, return to their homes by Sunday evening. Apart from offering them a chance for relaxation, over these four years, such informal visits, Fr. Aji claims, have built up a community of friends and well-wishers of the Ashram. Such a network is the strength of Darsanalaya, as they always feel one with him in his healing ministry and services to the people around.
As it was time for me to pack off, Baba instructed me as to how to practice certain steps of yoga that would positively help in maintaining my health. He insists that yoga can do wonders, but only by feeling the pulse of the body itself. “Do not stretch beyond what your body lets you; do not force your body in adopting various postures; then, naturally, yoga would gradually aid your health – both of the mind and body.” Even as he was instructing me, Rev. Dr. George P. G. (Rector of the neighbouring Dharma Jyothi Vidya Peeth, Marthoma Theological Seminary) joined us. Fr. George is a friend of Darsanalaya; moreover, he and his seminarians take Baba’s treatment. He claimed that the arrival and setting up of Darsanalaya Ashram is so providential that he claimed that “God does not abandon us! He provides everything we need, in time!” On that day, he brought one of his old servants to be treated. As we talked, I understood that Baba is not only a medical adviser to the Marthoma Seminary; to them, he is mainly the professor of yoga and Indian philosophy. On a regular basis, he also finds time to offer them personal spiritual counselling, which is otherwise not part of their training process. Whenever there is a need, Fr. Aji is ready to extend help to the institute, both by way of offering theological classes and in helping out in administration, as the need arises: certainly, this ecumenical thrust and availability are very much conducive to the spirit of Darsanalaya and the mission of Isai Baba of Chandpur.
Earlier, Fr. Aji had promised to take me to the seminary campus, and he did take me in the afternoon. It is said to be one of the first Marthoma seminaries built outside Kerala, offering systematic theological training to would be pastors of their church. A campus with about 30 priestly candidates, situated in the interior of a Haryana village, is found to be well set for the purpose. As we engaged in conversation with the rector, Fr. George, I found his theological reflections quite enlightening, as he tries to relate the text and context of each biblical passage with the text and context of the present social living, thus making his interpretations quite vibrant and relevant. His wish to launch a new department of theology to study biblical and theological nuances of immigrants and emigrants – especially from the vantage points of Keralites’ constantly moving out to all parts of the globe and the new influx of people from other parts of the county to Kerala in the recent past – seems to be a new step in the right direction.
On our way back to the Ashram campus, Baba greeted many people on the streets, mostly of the village, and they all greeted him in return: it included young and old, rich and poor, sick and healthy. A tractor stopped by, and a group of youngsters conversed with him for a short while; I could see their faces lighting up as they talked to Baba. As they left, Fr. Aji told me the story of their immense gratitude for what he had done to them when the Chandpur village was literally on the fire of communal strife. A couple of years ago, when someone slaughtered a cow which was eventually found out, there arose bitter animosity between the Hindus and Muslims. As some of the right wing Hindus were out for the blood of the Muslims, the hapless community, especially women and children had no safe place to go. Sensing the need of the hour, Isai Baba took the risk of taking a group of more than forty persons, including women, children, and sick and gave them shelter till the animosity subsided. He took the risk with the God-given assurance that they are safe in his Ashram: Darsanalaya literally turned out to be the “saranalaya” for all of them. This instance has made Baba to be equally acceptable to the Muslim community, as they realized that he is interested in their wellbeing and safety as well. Interestingly, it was after all these incidents that the VHP ‘friends’ of Isai Baba built up and donated the Baba Kutteer in Darsanalaya Ashram in 2006: a winning lap for inter-religious harmony in Chandpur village.
In all, as someone involved in equipping the missionaries of the Word for the wider world by being a teacher of philosophy in the seminary context, I felt so proud of the person of Fr. Aji and the institution of Darsanalaya Ashram. Started from scratches four years ago, immediately after his priestly ordination, Fr. Aji has converted a piece of plain land, almost without any vegetation and structures around, into a haven of comfort and solace to hundreds of people. It is not merely the ingenuity and herbal expertise of its founder director that has made Darsanalaya what it is today; in fact, I for one would appreciate the hard and earnest tapasya that was and is behind the entire project. Today, in 2008, as this centre receives a lot of public acclaim, both from the neighbouring villages and the patients from Delhi, it is easy for one to accord appreciation and recognition. The initial stages of working in a no-man’s land, having no address as to claim any authority that any Catholic institution would bring with it, Fr. Aji had to sweat it out through his ingenious methods of offering personality development and yoga courses in the schools of Faridabad city. Even that was only the scratches with which he began. Now, having made a lasting impact upon the minds and hearts of hundreds of people in a locality where many other missionaries have not succeeded, Fr. Aji has claimed for himself the title that spontaneously flowed from the experience of the people of the surrounding villages: our Isai Baba! For them, this Baba speaks to them – in their language and idioms – the greatest truths of Jesus, the supreme Guru, whom Fr. Aji has accepted as the cornerstone and epitome of his mission, that ranges from teaching yoga to students in the schools or colleges, extending educational help to the children in the neighbouring villages, social uplift programmes of different kinds, or taking care of the sick through his herbal treatment procedures. It is, indeed, great an achievement that needs a lot of acclaim and continued support.
A great sense of mumukshutva (longing for eternal liberation) is found both in the person and mission of Fr. Aji. It is for the liberation and redemption of all through ongoing integration: loka samgraha. The motto of Darsanalaya Ashram, as it is inscribed in the logo, reads: “with the people and for the goodness.” That is, instead of remaining passively contented with what comes with one’s fate and the provisions of the religious community, Baba plans out his life in detail making sure that his personal liberation in Jesus effects also the best possible liberation of the people around him, although the path is tough and demanding. It does not leave any room for complacency; it is a costly discipleship that can be gained by one’s readiness to embrace losses and the lost. For any Christian, then, to attain the final liberation, one has to develop a vision and design a mission in tune with that of Jesus, the Master who stood for regaining the lost and reinstating the losses of the downtrodden and the marginalized. He hopes that this great sense of mumukshutva is reinstated into the vicissitudes of Christian missionary activity all through the Indian subcontinent so that the recent spurt of violence against missionaries could be contained, not necessarily by convincing the politicians, but by enabling the people of the country to realize the ultimate goal for which we all live and work for.
As I finally left the Ashram, back to Bangalore (my lectures were to resume on the following Monday), I boarded the Bangalore bound train with a contented heart and mind, and better prospects for better health. As the whole story unfolded, I found the visit was more rewarding than a mere visit to a hospital or dispensary, which I was originally planning for. The ambience of Darsanalaya Ashram, the person of Fr. Aji, and the services of other members in the Ashram really touched my heart and elevated my spirits. A young CMI religious with a definitive sense of his God-given mission, Isai Baba of Chandpur, indeed, is an exception among many religious and priests of our times. His incredible achievements within such a short span of time is certainly a challenge to many; as his mission has become a beacon in the lives of many desperate people both in the village of Chandpur and in and around Delhi, it beckons us to be innovative as well as available in the mission that we undertake for the Lord and his people. Nothing comes free of cost! Christian discipleship in its true form is literally costly and demanding to the core. May the path of mission that Fr. Aji Parekattil, the Isai Baba of Chandpur, has opened up for him in the last four years take him far ahead in making himself rooted in the Word and available to the world! Let his dedicated life and healing mission remain an inspiration for treading the narrow path of the one who has opened up the new horizons of holistic healing for humanity and the entire creation.

To contact Fr. Aji (“Isai Baba of Chandpur”):
Rev. Fr. Aji Sebastian Parekattil CMI
Darsanalaya Ashram
Chandpur Village
P.O. Ballabgarh
Faridabad 121 004
Email: darsanalaya@yahoo.co.in
Mobile: 9991166808

RELIGION AND LAW: FORCES OF LIBERATION?

RELIGION AND LAW

Forces of Liberation?

Religion and law, as generative agents of meaning and order in personal as well as social existence and as products of human civilization, have been two concomitant powers in almost every human society. There wouldn’t be any exaggeration in saying that they represent two indispensable dimensions of human existence. Just as air and water are essential for sustaining life, religion and law – in their varied forms of transcendence and immanence – are necessary to live a life proper to human nature. In fact, these two agents have played crucial roles in enabling humanity spread its wings and fly over the horizons, untouched by pitfalls, contributing their might to navigate humanity through the multifaceted life and its patterns.

Religion and law are existential realities in the social and personal lives of human beings. While religion opens up the needed horizon for loving and lasting relation between the Divine and the human beings, law functions as a guardian of the right rhythm in the dynamics of its operations. In other words, as law embodies the moral ought in externally enforceable legal codifications, religion enhances it through its dynamic meaning-giving modes of operation. As James Nafziger, basing on Mircea Eliade’s findings, puts it, “as ethical systems, both law and religion address the global order in a profound manner; both are concerned with the manner in which we accept and organize the world and the universe around us.”[1] In fact, religion remained as the basic inspiration in many cultures across the world, especially in enabling the code of law accepted by the people to become a basic pattern of living, leading to social cohesion and cultural maturity.

Apart from their mutually supportive roles, we find that religion and law have a lot in common. They accomplish development of a worldview or perspective of life by way of inspirational wisdom and legal codifications, both of which could be found enshrined in the ancient scriptures of various religions. Thanks to their incessant operations, they have mechanisms to instil a consciousness of rights and duties based on the accepted worldview. In fact, they succeed in establishing and maintaining social order, leading to the formation of cultures and civilizations. Moreover, in cases of individuals going astray from the accepted patterns, they maintain mechanisms to enforce a return and re-establishment of the neglected or lost order. Thus, these forces, through spiritual counsel or punitive norms, have been capable of animating individuals to establish and maintain mutually enhancing relationships with other individuals as well as communities.

Religion and law may complement and contradict with each other as both of them are sources of rule making. They have exercised significant role in moulding or framing the consciousness of individuals as well as societies covering the spheres of private and public life. Engendering of religion and law in human society expects to enhance the good in human life. The authority commanded by both of them fundamentally originates from among the people who express their allegiance and acceptance of various worldviews for attaining the common good, whether it belongs to the material or spiritual realm. Proactive and successful religions and legislations remain participative, as their dynamics arise from a communitarian nature inbuilt into their structures, experience of fundamental equality among the members, and the respect for personal discernment on the part of individual participants.

As very closely associated functions of human life, these two realms probably received their distinctive identities only in the course of developing human consciousness and, as a result, have assumed almost specific natures and functions in the modern thought. Although both these contribute to the enhancement of personal integrity and social cohesion, in the course of time, their dynamics were distinguished and territories demarcated to such an extent that religious as well as secular societies consider them to be different in character and competence, sometimes even putting in place a watertight compartmentalisation within their territories and reach.

Many factors, including human creativity and imagination, have played an indispensable role in the development of religion; it has not merely been a product of divine revelation; in fact, most of the teachings and practices now associated with any particular religion have resulted from human understanding, creativity, ability to transcend the limiting conditions of the present, and an ever-vibrant futuristic thrust shared by a group of people. Religion in its ideal state of affairs attempts to unite and liberate people who are otherwise said to be scattered and fettered through the isolating tendencies resulting from egotism or self-indulgent personal goals. This emancipatory role is facilitated by inviting those who subscribe to the particular worldview of a religion to live in conformity with a set of precepts enshrined in the scriptures or traditions ensuing therefrom.

In practical terms, religion provides the ambience for mutual knowledge and understanding among different individuals, facilitated around a commonly acceptable faith content, acceptance of which would accentuate intense and stable relations through periodic gatherings for prayer/worship and cooperation in works of common interest, including humanitarian concerns. In the context of a communion emerging from a commonly shared faith experience, there evolve social patterns and standardization; naturally, it is here that we find the need of introducing law within a religious setup. When law is closely and foundationally promoted by a religion, especially through its sacred scriptures, it would become the ‘rule of life’ commonly cherished by the votaries of a particular religious tradition. A cross-fertilisation that happens through the close collaboration between religion and law ultimately culminates in the generation of a living environment that would promote the good of individuals as well as that of the whole society.

Genuine religious systems, on the one hand, impart meaning into all that is brought under their purview and, on the other, make all that is brought under their wings also ‘hallowed’. Although religion would provide legitimisation to a legal system and would enable internal motivation for the same, it may become a victim of rigid standardization, sometimes even without providing a logical framework and rational justification. For, sacred legitimisation claims to be overwhelmingly powerful in the case of the believers of a particular religion; moreover, such a legitimization also introduces the impossibility of change and amendments, by asserting that it is so given by the divine law giver, although in truth everyone knows that all human legal mechanisms, whether promulgated by religious or secular authorities, are all human made or, at least, received in human patterns. That is, some religious legitimisations that resist change or modification, in certain instances, can turn out to be irreligious in content and impact.[2]

Notable examples in this case could be found in the caste system within the Indian society and slavery in the western societies. It is in relation to such contexts that V. R. Krishna Iyer wrote: “… when millions are seized by communal convulsions and countless lives are lost in religious carnage the law cannot wish away macabre bitterness. Secular law had to face this sensitive challenge of degenerate religion.”[3] Law is of help, then, in safeguarding religion from slipping into excesses, as it may be verified in cases ranging from the rudimentary rules of primitive religions to the latest US Supreme Court verdicts in the cases of child sexual abuse among the clergy. When a religion loses track of its inspirational sources, such as its own sacred scriptures and the examples of the lives of exemplary members, it runs the risk of getting more attached to legal frameworks that can enforce discipline; unfortunately, however, without the necessary inner dynamic sources, which are considered to be the spiritual foundations that sustain members of a religion, law fails.

A religion is built on the faith affirmations of individuals and communities. The fundamental strength of any religious body is the faith and the ensuing practice of those who subscribe to the unique faith perspective of that religion. However, what we find in the case of the organized religions, in particular, is the fact that this foundation is not sufficiently attended to in the formulation of their religious legislations; instead, such a base is taken for granted in the enforcement of the enacted laws. That is, when it comes to the application of the legislations, they are coerced by articulating the implications of their faith declaration. The ineffectiveness noted in the area of religious legislations is ascribed to the fact that there is erosion of religious foundations, not only at the end of the whole process (i.e., at the level of practice by ordinary people), but also at the very source of such legislations, as, at least, some of such legislations have resulted from those who are at the zenith of the hierarchical structure of religious authority. If they had taken stock of the faith foundations of the faithful and the importance of genuine religiosity, the enacted legislations would have organically emerged from the faith-life and the existential contexts of those faithful, instead of surreptitiously locating their source exclusively in the power corridors.

Experts dealing with the law within the framework of religions are generally well-versed in the laws; however, as they have their foundation in the scriptures, those who promulgate, deliberate, and interpret the laws must have not only a broad knowledge of the scriptures (mostly understood literally) but must have proper scientific grasp and the technical know-how so as to interpret the scriptures for the present generations based on the central values, spiritual insights, and true religious perspectives. If not, it is highly probable that these ‘experts’ would do more harm than good to those religions to which they declare allegiance, and for whose sake they apparently involve in religious legalism. In this context, training/educating new members who would engage in studying and interpreting the rule/law shall not be made exclusively juridical. While juridical aspects are important and need constant attention, those scholars need to be given ample training in scriptural foundations and holistic theological interpretation.

Religion crystallizes the global inheritance of human wisdom which shall be wisely accepted as the foundation as well as an ongoing catalyst in further enriching our legal systems around the globe, be it ‘sacred’ or ‘profane’. It is generally admitted that incorporation of religious thinking and its inspirational sources into the development of law has constantly encouraged a progressive moral development within every legal system. Even the development and declaration of human rights by the UN have been traced to religious ideals, although religions had appallingly betrayed their noble ideals through their conspicuous but unbecoming silence, especially when human rights were crushed under might of abusive religions and arrogant state machineries. In their close proximity, religion and law, at least in the initial stages of the latter beginning to affirm itself as an independent discipline, have drawn inspiration and strength from each other. Of course, the mutual interdependence of religion and law have been instrumental in making them more inclusive, though at times things have gone berserk through the exploitation and exclusive use of each other.

Strictly speaking, law has its source in reason’s quest for order and maintenance of justice in the ongoing development of our social life. Hence, there is a gradual process of social evolution involved in the development of any legal system.[4] It is endowed with the ability to inspirationally animate (religious law) and politically coerce (civil/criminal law) people into an orderly life.[5] The enforcement of law, generally, involves a heteronomous move where the autonomy of the ordinary is protected against the selfish onslaught of the more powerful ones.

… [O]n the one hand, law is perceived by the citizen and mankind in general as an external reality, like a human expression of a heteronomous willpower, which limits the freedom and autonomy of the person. The law is seen as the concrete manifestation of the compulsory force of an organised power system or downrightly as the expression of the free will of the strongest… On the other hand, the same law reveals itself to mankind as the indispensable instrument that guarantees, precisely through the imposition of determined limits on individual liberty, order and peace for common civil life. In this latter viewpoint the law manifests itself to mankind as a social factor of prime importance that permits the individual and the collective plan their civil future with confidence. The law is therefore perceived as a balancing element and as the human expression of a superior justice that transcends individual interests.[6]

These human dynamics really give rise to a resistance among those who have to follow legal injunctions. Such a resistance is especially encountered by those who are said to be responsible to oversee the successful application of religious legislations.[7] Although inspirational wisdom is accepted as the foundation of religious motivation, very seldom it is directly perceived as the foundation of legislations, much less when it comes to the punitive enforcement of those legislations. This points to a crisis pervading the corridors of legal enforcement machinery that lacks solid moral foundations, especially as the common people realize an erosion of values in the profession and practice of law: in fact, it starts from the stages of legislation and promulgation and pervades all through interpretation and application, thus leading to its ignominy and ultimate impotency.

There were attempts made by various revolutionary movements within religions to highlight the divide between the spiritual and the legal, apparently with the intent to redeem the former by claiming that the latter was completely secular. This view, however appealing to the radicals, does not seem to be doing justice to the human aspect of the religious reality. For a sample, I quote the position of a German Protestant theologian, Rudolph Sohm, whose views were permeated by a denial of all that is human within the religious reality: “Canon Law has shown itself above all as an attack on the spiritual essence of the Church… The nature of the Church is spiritual, the nature of the law is worldly. The nature of the Canon Law stands in contradiction to the nature of the Church.”[8] In spite of the unbecoming practices and horrors unleashed against human beings and their dignity, some times, by religiously sanctioned laws, I prefer to differ with the view expressed above which claims that law stands in contradiction to religion. Insofar as religion is a human attempt to capture and carry the divine encountered in human history and horizons of human life, it cannot but be human. Insofar as it is human in its dynamics and a plurality of members is involved (thus, taking religion to a public domain), it cannot escape the humane need of legal frameworks. What we should insist upon is the fundamental role and positive influence that genuine religious experiences have to play in the formulation and promulgation of legal enactments in view of the enhancement of life aimed at by religions.

Jurisprudence triumphs in a society only when an enlightened social conscience is at its foundation. Emergence of a consciousness that is sensitive to the transcendental dimension of life as well as the age old universal values enshrined in human conscience needs to be facilitated through conscious efforts. There is a need to elevate the consciousness of the masses to higher levels, where integration would be a key factor. Such an enhancement of the consciousness may be better facilitated by religions, as their primary motive as well as the fundamental process is designed to initiate and maintain higher levels of consciousness among their members, a level of consciousness that is otherwise lost sight of in the vicissitudes of human life.

An anomaly that we find within the context of religious legislation is the lack of proper equity accorded to some sections, forming, in most religions, a major part of the faithful. Particular reference must, in this regard, be made to the women folk who form at least half of the faithful in most of the religions. Take any place of worship, except probably the Mosque, the congregation is mostly constituted by female devotees. When it comes to attending religious ceremonies or fervent religious practices, women seem to be outnumbering men. Although this is more or less a universal phenomenon, when it comes to religious legislation, both the role and the influence of women are said to be almost completely absent. Unfortunately, in the case of both organized and unorganized religions, compliance of women with regard to religious legislations is taken for granted and, as a result, they are seldom consulted and not even given proper platforms to express their concerns as well as viewpoints. Moreover, the chauvinistic attitudes prevailing among those who wield authority in such religions continue to ignore this major part of the faithful. Whatever is the justification that they come up with, if the strength of a religion ensues from the practice of faith, naturally, those who form part of the faithful should have a role in legislating and enacting laws, even if democratic procedures are not integrated into their legislative ethos. If not, it would only show the paucity of such religious frameworks in addressing the existential aspects of the faith practice in the life of all concerned. If justice needs to be done in religious legislations, these religions have no alternative than admitting all concerned, especially women – the hitherto neglected partners in religious experience and religious management – in the processes that are adopted in enacting any further legislation within their ‘sacred’ precincts. In fact, the declining enthusiasm to religious legislations and the coldness with which religious legislations are thrown to winds in the contemporary society could be attributed, at least partly, to the lack of equity in enacting and promulgating legislations; if the faithful are given a chance to be heard in the enactment of the laws, there would be better chances that these legislations will have their acceptance and effectiveness in the lives of the same faithful.

Reference to the lack of equity in religious legislations takes us to a general pattern that is prevalent in the dynamics of secular as well as religious legislations. A common denominator in unjust legislations present in any society – be it religious or secular – is the fact that there is no representation given to the people concerned who are expected to abide by the legislations. Moreover, those who are instrumental in enacting such legislations do have their interests at stake if certain legislations are not promulgated. As private interests of those who wield authority assume the centre stage in legislative processes, many a time they would be led to the establishment of unjust laws, not to serve the genuine and valid interests of all concerned but only of those who are at the helm of affairs. In certain cases, however, nominal representations are provided to the people concerned which is necessary in all democratic setups, although, in reality, the said people may not have any say in the actual choosing of their representatives; it would be mostly dictated by those whose interests are at stake. Such legislative mechanisms, very much functional in our contemporary national as well as international political and religious arena, seem to be ultimately incapacitating the legislative machinery in serving the good of the people concerned. Thus, it is quite alarming to note that when it comes to exploitation through legislation, both religious law and secular law would fall back upon the same dynamics. It would become all the more troublesome, if these two begin to function hand-in-glove to conspire against the people – be they believers of religions or the electorate of a polity. Although codifiers of the law aspire and assert it to bring a liberative experience to its subscribers, very seldom does it become really liberating. For, collaboration of religion and politics for exploitative purposes is a deadly combination, as it is repeatedly attested to in history.[9]

Equity destroyed or denied through the collaborative designs of religion and politics cannot be redeemed as long as they retain reins of power in the society. Longer such systems prevail through their conspiracy, people remain in fetters, and longer it is sustained through more and more unjust means, cry for liberation from such exploitative legislations would become louder and louder until they are granted freedom and equity through proper channels that could be at the same time humane and religious.

We live in a world where religion and law intersect quite often, especially in the context of the modern state, which has assumed an all-pervasive role in human affairs. Gone are the days when a mere religious sanction would settle all issues. As people claiming non-allegiance to any form of organised religious lifestyle become increasingly assertive, we are faced with an existential situation of competition between organised religionists and outsiders. For example, if people conducting their religious worship in one place complain about another social or sports event being conducted, how would we look for a settlement. In fact, both being affairs of the society, we need to look for a resolution, lest the common good would be adversely affected. If such a complex situation is analysed and resolved merely by referring to the religious tenets, it can naturally evoke resistance from many corners. For, the invoked religious tenets need not have universal approbation. This is not to suggest that the religious tenets are of no value; moreover, in the context of Indian secular state, especially, where a multitude of religious affiliations forms the backbone of the society, having no regard for religion or having a preference for a particular religion in settling issues related to public welfare would only fetch doom. However, as public welfare is at stake, I would suggest, the law of the state has to play its pivotal role in settling such issues without infringing the freedom of individuals, balancing it with reasonable demands from other groups who also form part of the state.

When religion is put before the bar of law, naturally, religion would be understood only from the legal perspectives, commitments, and goals. As objectivity plays a crucial role in the legal worldview, a legal version of religion would naturally be reduced to its symbolic expressions, structured dimensions, external practices, and normative commitments, which, though are important aspects of religion, by themselves would not make the reality of religion. In the same way, it is dangerous to reduce the whole of religious reality and religious consciousness to a few aspects of a culture, almost amounting to an assertion of the identity of religion and culture. Moreover, there is an increasing tendency among jurists and legislators, to claim a definitive distance from religion, especially from the period of Enlightenment onwards, which seems to be climaxing in the secularist globalized philosophies that have gained currency in the affairs of the day. However, if an impoverished form of religion is accepted as the point of reference by the bar of law, it would result in an impoverishment of law itself, as ‘being religious’ participates in a predominant worldview which continues to be offering enhancing perspectives to a great variety of peoples living across the globe.

Although constantly found on the warpath, religion and law seem to be allies working hand-in-hand when it comes to their own benefits. No organized religion functions without subscribing to its own legislations, even if they are said to be founded on revealed wisdom (being inspirational in content and character); in their attempts to enforce religious legislations, religious authorities do not hesitate to take recourse to secular mode of external and coercive penal mechanisms. In the same manner, secular legislative bodies, which assert their independence from non-secular authorities, including religious ones, do know well that religious motivation is a powerful tool in generating a positive allegiance towards the legislated laws by providing an internalizing mechanism supposedly issued from a constantly evolving religious consciousness. As long as these two rivals remain pretentiously on their own ideal path, they seem to be on the fighting mode, probably in their attempt to prove each other’s supremacy. However, when it comes to their own territories, while they continue to insist on their independence, both attempt to capitalize from the other’s treasuries, though quite reluctant to openly admit the fact.

Another interesting factor in the mutual interaction between law and religion is their ability to be a corrective to each other. While religious excesses have many a time been curbed by secular law,[10] enabling religious authorities to function in a human mode without losing their transcendental dimension, we do not lack instances where religious offices have been put to use to curb the ill effects of some of the secular legislators/legislations that had haunted various peoples and civilizations. Apart from providing “a transcendent perspective by revealing a dimension of human life over and above the social and political order,” “religions set a limit to the power of the collectivity and the state, since in a religious context the state cannot pretend to be the unitary source of all authority.”[11] Thus, religions have to don a prophetic role in the vicissitudes of life vis-à-vis the legislations promulgated by legal regimes, especially when they are made to perpetuate unjust practices through legal sanctions. It is in such contexts that religion has to function as the conscience keeper of the society, without being and becoming the co-conspirator of unjust political regimes, and speak out relentlessly against them for the sake of establishing and maintaining a social order based on an uncompromising value system.

Religion thus approached is gravely in need of thorough introspection which would enable itself to be the relevant voice to our times and peoples. Every religion is in need of transcending its self-imposed, historically conditioned faith formulations – including certain dogmatic formulations and related practices – which tend to belittle itself and limit the liberative dimensions of faith experience with a view to broadening the horizons and deepening the commitments to the causes of humanity as well as nature. Indeed, its lost contacts with the inner recesses have to be re-established, and the spiritual fountains are to be freshly unearthed. No amount of political clout will redeem the inner vitality of religion; it needs to be recharged by its own spiritual power centres that would infuse its inner and outer mechanisms as well as any other system – including law – that could be made better through close collaboration.

Modern attempts that happened especially after the Enlightenment and World War II, leading to aggressive measures of globalisation, have facilitated secularisation and the resulting affirmations without the explicit reference to religious categories. In some cases, there have been attempts to use more inclusive languages and broader perspectives, which would be acceptable to audiences beyond the horizons of a particular religion; at the same time, in certain other cases, these secularisation movements were resulting from conscious attempts on the part of some to give up and condemn religion and religious categories. Though some valid attempts could be found in the latter, there is no rational justification in sidetracking the whole of religion and religious categories for the secular, as it reflects only an option for a different point of view, which does not necessarily enjoy immunity from further criticism and rejection. In fact, despite the affirmative steps of secular minded individuals who have assumed offices in political or civil arenas, and a decline in the numbers of meticulously practising individuals within the religious sphere, a religious perspective shared by many across the cultures and political regimes cannot be simply wished away. If we are ready to face the fact, it must be admitted that even the contemporary world of 21^st century continues to be religious despite the so-called onslaught of secularism and many other anti-religious theories. Given this, some introspection is necessary on the part of both religions and legal regimes, so much so that they would succeed in facilitating more inclusive approaches.[12]

Moreover, the secularists’ attempt to drop the religious vocabulary altogether (e.g., God, the Creator, the Divine, etc.) simply does not mean that all that was (and is) cherished as religious is completely given up. Despite such an apparent absence, a closer perusal of the new language will obviously bring to focus the fact that most of the cherished values propounded by religious traditions all through history are found to be present, though presented in a secular garb. Thanks to some such secularists that these attempts have been more effective in powerfully putting across such great ideals, which otherwise the religions have been hitherto incapable of doing effectively.[13] In this context, it is up to the religionists to continue to strive to give visibility to the ideals that they have been religiously adhering to among their in group members, thus, redeeming and maintaining the importance of religious ideals, terminologies, and concepts.

Despite the presence of many extreme secularists who tend to wish away religion altogether, claiming that it has lost its relevance and vitality in the modern era (mostly because there is a decline in an overall response to the life patterns proposed and maintained by organised religions), a close scrutiny will quickly convince us that humanity as a whole still aspires for religious foundations, especially since many modern alternatives seem to be sheer short lived meteors. Humanity is still on the lookout for firm and transcendental foundations, which nothing but religion alone can offer: “People will not give their allegiance to a political and economic system, and even less to a philosophy, unless it represents for them a higher, sacred truth. People will desert institutions that do not seem to them to correspond to some transcendent reality in which they believe – believe in with their whole beings, and not just believe about, with their minds.”[14]

Having affirmed the necessity of religion and religious ideal and the all-pervading role of law in human life, we find them merging on the platform of morality. Religion penetrates into the day-to-day living of its votaries not only by routine rituals or religious practices but also by inspiring them to live a life in accordance with the moral principles. In fact, a religion’s success can be measured in its ability to inspire and motivate its members in living a virtuous life in accordance with the principles enshrined and inculcated in its sacred scriptures and other subsequent teachings. On the other hand, in the case of law, we come across with morality as its foundation. Although validation of a legal system is mostly made through political processes, the ultimate source that lends credibility to any law is morality, so much so that the absence of the latter would make the former hollow and sterile, although it would continue to exercise its power within the frameworks epitomised by itself. Thus, while religion infuses morality with inner spirit (meaning) and motivation, the same morality enables legislations to be meaningfully founded on universal principles that have emerged from the collective practical wisdom of humanity in different places and ages. It is true that our century, apparently claiming to be established on secular foundations and profane values, seems to be ignoring these bases and connections; an integral personal as well as social life, however, could be facilitated when human societies succeed in holding together religion and law through the dynamics of morality.

We live within a world-wide-web where enactment of any law requires not only a consideration of the given context and the interests of the immediately affected individuals. In fact, the ‘butterfly-effect’ that has gained currency in the scientific world seems to be operative even in the arena of legislation. Legislations, therefore, can be made, interpreted, and applied only after having appraised of its wider ramifications, ranging from scientific considerations, religious aspirations, issues related to transport and communication, and commonsense concerns. That is, even simple legislations done in a concrete setting (local or global) offer legal as well as religious consciousness immense opportunities for mutual interaction, critical and creative support, and enhancement.

We witness an increasing tendency to deny the prevalence of religious influence, especially when it comes to governance of the state and its people. There seem to be conspicuous attempts made by the interested parties, who qualify themselves to be secularists, to shun religion from the public sphere and relegate it exclusively to the private sphere.

Conventional accounts of law, human rights, and democracy afford little space to religious ideas and institutions. Laws are generally viewed as rules and statutes promulgated by the sovereign, not as temporal elaborations of a divine or natural law. Human rights norms are generally viewed as secular claims to a good life, not as corollaries to divine duties for right living. Political rulers are generally viewed as representatives of public opinion and vindicators of human rights, not as vice-regents of God or champions of divine justice. To be sure, most writers today would agree that religious believers must be guaranteed liberty of conscience and free exercise of religion and that religious institutions must be guaranteed collective worship and corporate organisation. But religion, according to conventional accounts, is fundamentally a private matter with little constructive role to play in the drama of law, human rights, and democracy.[15]

It is an attempt to deny any creative role to religion and religiosity in the social lives of people by restricting it to the private space. Those who gear up such a theory seem to forget the organic connection between the religious ethos that has been instrumental – sometimes even through certain negative mechanisms – in birthing a humane worldview that is fundamentally religious in substance, although, in some cases, the traditional anti-human garb and authoritarian stand of those who were at the reins had betrayed the real religious core, thus, wrongly winning for it notoriety among the modern intellectuals. The failure of a few at the helm of affairs, I think, cannot be taken to be the failure of a movement or a system; their short-sightedness and exploitative tendencies for personal fame and name, probably are at the back of it.

The attempts made by materialists and secularists who shun everything spiritual as an artificial addition to human mode of existence must be curbed and, instead, conscious efforts need to be initiated to build up a social fabric which is integrally human and religious at the same time. The new political culture that seems to be doctored by the secularists tries to sabotage the proper balance between being human and being religious, as they consider secular foundations to be self-sufficient to build up a society; however, the failure of secular democracy in the Indian situation, for example, attests to the fact that we should not ignore the transcendental aspect of life in setting the social foundation for political governance, especially within a democracy where the electorate is expected to be enlightened and to maintain a balance between various dimensions of human life. Instead of religiosity being exploited for cheap electoral gains, religious leaders as well as ordinary religious believers must be united in lending support to raise a social consciousness that would be akin to the perpetuation and practice of validly enacted laws by infusing them with value backup and transcendental ideals which can pull it through the thick and thin of individual and social life. Without letting itself be reduced to a mere tool in the hands of vicious politicians, religion should assume its fundamental role of animating the citizenry to realize the value of every legislation and thus enable them to meaningfully design a life around the political and legal structures that are essential for an enhanced human existence. In fact, mere legislations and the strict practice of laws are insufficient to develop and sustain a law-abiding society. Creating a healthy ambience for a law-abiding life requires a social consciousness that draws from human creative intelligence and its transcendental resources, which together would enable the development of enlightened norms for a dynamic and meaningful social life.

Intense search for meaning is characteristic of the postmodern phase in the development of human social living. Although the religious dimensions of human experience would influence the holistic development of the law, a mere religious justification is generally considered to be insufficient in infusing the institution and practice of law with meaning and relevance. It is true that lawfulness is essential for human society; however, the formulations of law that are accessible to human societies, as all of them are said to be in one way or another originated through human agency, must be open to change and transformation as it would be dictated by the need of the times. As it is stated earlier, due to the human element present in religious legislations, even they are mutable and should be changed as and when the need arises. In case, the possibility of change is ruled out in terms of timelessness of legal formulations, they would gradually become irrelevant in designing a meaningful life – both for the individuals and groups. In fact, an absolute denial of the need of change would only spoil the spirit and goal of law, so much so that lack of respect or a total rejection of the law would prevail, ultimately causing the distortion and un-attainability of the common good of the society.[16] Postmodern challenges call for creative responses emerging from both jurisprudence and religious authorities to reconsider every legislation and its supportive metaphysical position and religious motivation, in such a way that acceptance and practice of various laws would enable its adherents to ennoble their lives in better ways that they are otherwise accessible to them in the vicissitudes of life. As various mechanisms adopted in the social living are put in place to facilitate nurturing and elevating humanity to its highest levels of existence, religion and law should facilitate their ultimate goal in terms of communion among individuals and communities. Then, truly an exalted communitarian consciousness would finally be attained.

Religion and law seem to be interacting with each other; at times, it is smooth and mutually enhancing, while at other times it had been tumultuous. On the positive side, if religions could keep themselves open to the creative interventions initiated by certain legislations and, on the other, the legislative bodies to the positive insights and promptings of religious scriptures and authorities, without infringing upon the rights of each other, a lot of good may be accomplished. For example, in certain instances, a specific law enacted may beckon a particular religious tradition to higher standards than its prevailing beliefs, practices, and even the inner dispositions that individual believers allow, as what has happened in the cases of abolishing slavery and caste system, recognition of women’s rights, etc. Indeed, sometimes such instances would even call for serious and genuine introspection that can create disturbing tremors in the corridors of power, whether it is religious or political. Law can challenge particular religious communities to go beyond the self-assumed but limiting boundaries of personal as well as social living, usually ascribed to the belief systems put in place by religious inspirations and ensuing traditional practices.

A religious response to legislations or a legal response to religious consciousness shall not, by itself, engender pessimism: if it happens it would amount to sheer prejudice. Religion and law, as two arms of human consciousness, by being sensitive and responsive to each other, shall mutually contribute towards the preservation, inclusion, and transformation of each other in an ongoing process of enhancing and perfecting human living.

It is with such a positive as well as a critical note that Journal of Dharma has initiated a discussion on “Religion and Law: Forces of Liberation.” The contributors to this volume have approached the issue with scholarship and imagination and, in general, have come up with a clarion call for both religion and law to consciously and conscientiously exercise their roles in order to attain liberty by liberating humanity and the entire creation from the maladies of disorder and lawlessness, sometimes epitomized by these guardians of humanity itself. “Law and Religion: A Feminist Biblical-Theological Critique” by Pauline Chakkalackal scrutinizes patriarchal nature of the biblical texts, on the one hand, and their liberative potential, on the other. She poses an existential challenge to various practices within the Church-life and calls for a radical metanoia, which she believes would bring the Church back to the spirit of Jesus, the source and agent of true liberation. Sebastian Mullooparampil, in his article entitled “Jesus’ Liberative Approach to Jewish Law and Religion,” makes an earnest attempt to unveil the liberative approach that Jesus had adopted in imbibing the true spirit of Old Testament worldview and, at the same time, transcending the corrupting elements within that framework, not merely by offering a reinterpretation of the law, but by offering his own life and thus inaugurating a new paradigm of the law of love: transforming and fulfilling the OT understanding of religion and law through an ongoing kenosis of unconditional self-giving. Continuing the liberative quest, Cherian Thunduparampil approaches the issue from the perspective of the canon law in his article, “Canon Law: Liberative or Restrictive?” Based upon a detailed analysis of marriage annulment cases and the issue of freedom of expression, the author conclusively proves that the laws, including the penal laws, established in the Church through the Canon Law are essentially intended to be liberative. In a brief reflective article, “Justice Wedded to Mercy: Law and Religion Paving the Way to Freedom,” Benny Joseph scans through the historical development of law in human thought and affirms that the rule of law has the primary end of realizing justice in the society. In the final entry, “Nyaya Panchayat: Towards Speedy and Easy Justice,” Davis Panadan takes us through the rich cultural heritage of ancient India, which is found to have made lasting contributions in the field of administration of society. Against the background of the popular statement, ‘justice delayed is, in fact, justice denied’, his study of the Nyaya Panchayat system indicates that it could be taken as a viable and valid alternative to avail speedy and easy resolution of legal issues in the present context of India.

Life is an ongoing process, both at the personal and the societal levels. As this process unfolds in human life, it is inevitable that new circumstances would emerge which would call for renewed approaches from religious as well as legal frameworks. In fact, radically new circumstances call for radically new approaches and, if the frameworks available in the traditional paradigms are insufficient to address them, we need to look forward to consciously formulating the needed new paradigms, without losing sight of both the successes and failures that humanity has realized over the centuries, whether it came from particular religious doctrines or politicized legal regimes.

As omnipresent agents in human social living, the reach of religion and law is immense. Both of them could shed light from their inner core and can dispel the darkness that surrounds the human community that is losing its grounds to abysmal proportions. Their ability to overcome chaotic ripples in human consciousness and turbulences in social existence through establishing order and cohesion resounds their natural but symbiotic relationship that is ideally conceived in their mutually enhancing functions. This points to an abundance of optimism that these two human devices would evolve better mutual understanding and ongoing creative mutual critique so much so that they would continue to fulfil their role of generating and maintaining order in enhancing the human state of existence and, thus, reinstating the natural rhythm of the whole reality.

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[1]James A. R. Nafziger, “The Function of Religion in the International Legal System,” in Religion and International Law, eds., Mark W. Janis and Carolyn Evans, The Hague: Martinus Nijhoff Publishers, 1999, 159. See also Mircea Eliade, The Sacred and the Profane: The Nature of Religion, trans. Williard R. Trask, New York: Harper and Row, 1957, 29.

[2]Herbert Spencer captures this very vividly in the following text: “Ecclesiastical institutions … strengthen social bonds and so conserve the social aggregate, but they also offer extreme resistance to change.” The Principles of Sociology, New York: Appleton, 1897, 770-771.

[3]V. R. Krishna Iyer, Law and Religion, New Delhi: Deep and Deep Publications, 1984, 20.

[4]For example, V. R. Krishna Iyer puts it as follows: “a country's constitution is not a sudden revelation inscribed in the paramount parchment. It is an evolutionary manifestation of cultural values, historical experience and contemporary social realities.” Law and Religion, 20.

[5]Forcing others to subscribe to a particular religion’s worldview through legislation is irreligious as well as inhuman, even if that would involve some of the cherished beliefs of the latter. Further, the same principle is applicable to secularists as well who would force people who subscribe to religious point of view in accepting the formers’ standpoint.

[6]Libero Gerosa, Canon Law, London: Continuum, 1996, 5.

[7]Gerosa writes, in his Canon Law (6), about the negative response to the positive law enforced in a religious setting: “In the Church too the experience of ecclesiastical law reveals itself above all as negative: the confession of faith in Christ, mankind’s Redeemer, which forms a strong spur to personal liberty, is limited in its concrete manifestation by canonical norms; so too divine law, which finds in prophesy and charism two particular expressions, can historically affirm all its binding force only through the interpretation and positivisation of human law. On the other hand, less immediate is the positive experience of Canon Law as a totality of norms that guarantee the permanence of the identity of the Church and the unity of the symbol of the faith, inseparable from the action of the Holy Spirit, through the protection of the substantial truth of the Sacrament and the Word of God.”

[8]Rudolph Sohm, Kirchenrecht, I: Die geschichtlichen Grundlagen, Leipzig 1892 (2. Auff. 1923, Neudruck: Darmstadt 1970), 700, cited in Libero Gerosa, Canon Law, London: Continuum, 1996, 7. Here it is not my intention to imply that only Protestant theologians subscribe to this view; in fact, there are both Catholic theologians and the leaders of other religions who hold that the said separation between religion and law must be maintained.

[9]In history, we do come across with instances in which religion and law have assumed the roles of tyrants; being tyrannical in themselves when they lost sight of their purposes, their combination had resulted in irredeemable catastrophes in human societies. Religion and law, if absolutize themselves by taking an upper hand, even to the extend of hating humanity, in general, and human beings, in particular, instead of enabling the latter to actualize their human potentials and to surge ahead to those unknown limits of life and existence by infusing it with immanent meaning and transcendental motivation, would both be as bad as blasphemy, treason, or lawlessness.

[10]According to Krishna Iyer, law is used to over-power savage religious injustices: “Sati was abolished by law, child marriages were abolished by law. The Special Marriage Act provided for inter-religious marriages. Even Muslim divorce at the instance of women, was allowed by law in certain limited circumstances. Maintenance for destitutes and children, beyond what the Muslim Law provides, was allowed by Law (Section 488, Criminal Procedure Code). Now, by Section 125 of the Cr.P.C. 1973, even divorcees, regardless of religion, are entitled to maintenance from their husbands. Parliament has made law whereby Hindu women have better terms of inheritance, better right to divorce and maintenance and, generally, better status.” Law and Religion, 73-74.

[11]Hilary Charlesworth, “The Challenges of Human Rights Law for Religious Traditions,” RIL, 405.

[12]There are many legal frameworks recognizing religions and religious consciousness; however, owing to the historical conditionings, such a recognition tends to be very narrow and, therefore, in the context of 21^st century it is essential that the constitutional laws adopt a rather broader framework of religion and religious consciousness so as to be more inclusive; it would pave the way for better mutual acceptance and to pool together the strength of human community in diverse fashions.

[13]For example, the UN Charter of Human Rights.

[14]Harold J. Berman, The Interaction of Law and Religion, Nashville, TN: Abingdon Press, 1974, 73.

[15]John Witte, Jr., “Law, Religion, and Human Rights,” Columbia Human Rights Law Review 1, 1 (1996), 28.

[16]For example, the prescriptions to protect the rights of women, as they are enshrined in the “Convention of the Elimination of All Forms of Discrimination against Women” (UN, 1979: see http://www.un.org/womenwatch/daw/cedaw), have been rejected by some religious traditions (particularly, Islamic nations cited that the Convention goes against provisions of the Shari`a in resolving conflicts among individuals; see text of footnote 8 at http://www.socialwatch.org/en/informes Tematicos/86.html#_ftn8) on the pretext of these prescriptions going against the scriptural injunctions and traditional practices.