RESEARCH ARTICLE TITLE PAGE/

COVER PAGE

Name of the author: Madhavi Singh

Course: BA LLB

Section: A

Semester: III

Title of the paper:

The Inextricable Link between Social and Religious Life in India

Subject: Constitutional Law

Submission date: 13/02/24

Submitted to:

Surendra Kumar

Assistant Professor
Ramaiah College of Law,
Bengaluru
ABSTRACT
This essay explores the profound and intricate relationship between
social and religious life in India. From ancient civilizations to modern
times, India has been shaped by the interplay between its diverse
religious traditions and social structures. The essay examines the
historical foundations of this relationship, highlighting the influence of
scriptures, caste systems, and religious movements. It delves into
how religious institutions and practices serve as social and cultural
centers, fostering community cohesion and identity. Additionally, it
discusses the cultural integration and diversity in India, where
religious festivals and customs contribute to a shared cultural
heritage. The essay also addresses the political and legal
dimensions of religion, touching on issues such as secularism,
governance, and religious freedoms. Through an analysis of these
various aspects, the essay underscores the significance of
understanding the inextricable link between social and religious life
in India for fostering harmony, inclusivity, and social cohesion in the
diverse and pluralistic society of India.

INTRODUCTION
India, a land of diversity and contrasts, is characterized by the
intricate interplay between social structures and religious beliefs.
From the ancient civilizations to modern times, the social fabric of
India has been interwoven with its myriad religious traditions,
shaping identities, norms, and interactions. This essay explores the
inextricable link between social and religious life in India, examining
historical roots, contemporary manifestations, and implications for
Indian society.

Historical Foundations: The history of India is replete with instances

where social and religious realms intersected and influenced each
other profoundly. Ancient scriptures such as the Vedas and
Upanishads not only articulated religious beliefs but also prescribed
codes of conduct and social hierarchy. The caste system, rooted in
Hindu scriptures, became a defining feature of Indian society,
dictating social roles, privileges, and restrictions based on one's
birth.

Furthermore, the rise of Buddhism and Jainism challenged orthodox

social structures, advocating for egalitarian principles and social
reform. The spread of Islam in medieval India introduced new
religious practices while also shaping social dynamics through
interactions between different communities. The Mughal era
witnessed syncretism and cultural exchanges, blending religious
traditions and fostering communal harmony in some regions.
Social Institutions and Religious Practices: Religious institutions in
India serve not only spiritual functions but also act as social and
cultural centers. Temples, mosques, churches, gurudwaras, and
other places of worship are focal points for community gatherings,
festivals, and celebrations. These religious gatherings provide
avenues for social interaction, networking, and solidarity, reinforcing
social bonds among believers.
Moreover, religious rituals and ceremonies permeate various
aspects of social life, from birth rites to marriage customs and funeral
ceremonies. These rituals not only uphold religious traditions but
also reinforce social norms, familial ties, and community cohesion.
For instance, Hindu weddings are not just religious ceremonies but
also social events that involve elaborate rituals and community
participation.
Cultural Integration and Diversity: India's religious diversity,
encompassing Hinduism, Islam, Christianity, Sikhism, Buddhism,
Jainism, and others, contributes to its rich tapestry of culture and
traditions. Despite the diversity, there are shared cultural elements
that cut across religious boundaries, shaping collective identities and
practices. Festivals such as Diwali, Eid, Christmas, and Baisakhi are
celebrated by people of different faiths, fostering cross-cultural
exchanges and mutual respect.

BR. AMBEDKAR’S STATEMENT

Dr. B.R. Ambedkar's statement delves into the fundamental purpose

of liberty within a society, particularly focusing on its role in social
reform. Here's a breakdown of the explanation:

Purpose of Liberty: Ambedkar begins by questioning the purpose of

liberty. Liberty, or freedom, is a cornerstone principle in democratic
societies, but its significance lies not just in the abstract notion of
freedom itself, but in its practical application towards improving
society.

Reforming Social System: He asserts that the raison d'être of liberty

is to reform the social system. This implies that liberty isn't merely a
luxury or an end in itself but a means to achieve a larger goal: the
betterment of society. Ambedkar saw liberty as a tool to challenge
and transform the existing social order, which often perpetuated
inequities and discriminations.

Inequities and Discriminations: Ambedkar highlights the prevalent

injustices within society, including inequities and discriminations.
These could manifest in various forms such as caste discrimination,
economic disparities, gender inequalities, or denial of basic rights to
certain groups.

Conflict with Fundamental Rights: He emphasizes that these

inequities and discriminations directly contradict the fundamental
rights of individuals. Fundamental rights are the basic entitlements
that every individual should possess inherently, regardless of factors
like caste, creed, gender, or socioeconomic status. When societal
structures perpetuate injustices that infringe upon these rights, it
undermines the very essence of liberty.
In summary, Ambedkar's statement underscores the imperative to
leverage liberty as a means of addressing and rectifying social
injustices. He believed that true liberty isn't achieved until all
members of society can enjoy their fundamental rights without facing
discrimination or inequity, and that the pursuit of social reform is
intrinsic to the realization of genuine freedom and equality.

ANNHILATION OF CASTE

"Annihilation of Caste" is a seminal work by Dr. B.R. Ambedkar,

delivered as a speech in 1936 to the Jat-Pat-Todak Mandal, a group
of social reformers in Lahore, India. In this speech, Ambedkar
provides a scathing critique of the caste system in Hindu society and
advocates for its complete eradication. The speech is a passionate
call to action, urging for radical reform to address the deep-rooted
inequalities and injustices perpetuated by the caste system.

One of the central themes of Ambedkar's speech is the nature and

origins of the caste system. Ambedkar argues that caste is not
simply a division of labor or social hierarchy, as some proponents
claim, but a deeply entrenched system of graded inequality based on
birth. He traces the origins of the caste system to ancient Hindu
scriptures, particularly the Manusmriti, which codified caste-based
laws and norms. According to Ambedkar, the caste system was
deliberately constructed to justify the domination of certain groups
over others and has been perpetuated through social, economic, and
religious institutions.
Ambedkar systematically outlines the numerous evils perpetuated by
the caste system. He discusses how caste-based discrimination
limits individuals' freedom and opportunities, leading to social
stagnation and economic exploitation. Ambedkar highlights the
pervasive nature of caste-based discrimination, which affects every
aspect of life, from education and employment to marriage and
social interactions. He emphasizes that caste-based discrimination is
not just a social issue but a moral and human rights issue that must
be addressed urgently.

Ambedkar also critiques Hinduism for sanctioning and perpetuating

the caste system through religious texts, rituals, and practices. He
argues that Hinduism has failed to provide a moral basis for social
equality and justice, instead promoting the idea of karma and
reincarnation to justify caste-based inequalities. Ambedkar
challenges the orthodox interpretation of Hindu scriptures and calls
for a reinterpretation that promotes equality and social justice.

Central to Ambedkar's argument is the call for the annihilation of

caste. He rejects incremental reforms and argues that only radical
measures can dismantle the entrenched system of caste-based
discrimination. Ambedkar calls on progressive individuals and
organizations to join the struggle for social justice and equality. He
emphasizes the importance of education in challenging caste
prejudices and empowering marginalized communities.

In addition, B.R Ambedkar also draws attention to the topic of the

paper which is the inextricable link between social life and religious
life by quoting the excerpts from the speech of W.C Bonnerjee,
where he states that he stands against the people who want social
reform in order to attain political reform, this social reforms mainly
consists of abdicating of the religious traditions involving widow
remarriage, not sending the female education to attain education.
This strengthens the argument as there is an indestructible link
between religious life and social life.
He gives another example about the Balais community, that how
upper Hindu element set out rules for them which involves what to
wear and what not to wear, how to fetch water, how to live, which
basically is defining the social life of a community.
He also states that in order to get political reform, social reform and
religious reform is necessary and then states how the Arabs went
through social reform they first underwent social and political reform,
which was same for Chndragupta Maurya and Shivaji,
Alladi Krishnaswamy Iyer's statement ;

Alladi Krishnaswamy Iyer's statement underscores the

interconnectedness of social and religious aspects within a society.
Here's an elaboration on what this statement conveys:

Interconnectedness of Social and Religious Life: Iyer suggests that

social life and religious life are deeply intertwined and cannot be
separated. In many societies, religious beliefs, practices, and
institutions play a significant role in shaping social norms, values,
and structures. Similarly, social dynamics such as culture, hierarchy,
and community interactions often influence religious practices and
beliefs. This interconnectedness implies that developments or
changes in one sphere inevitably impact the other.

Influence of Religion on Social Life: Religion often serves as a

foundational element of social organization, guiding individuals'
behaviors, relationships, and societal norms. It can dictate moral
codes, define social roles, and regulate interpersonal interactions.
For example, religious teachings may influence attitudes towards
marriage, family, education, and governance, thereby shaping the
fabric of social life.

Impact of Social Life on Religion: Conversely, social factors such as

politics, economics, technology, and cultural shifts can also influence
religious practices, interpretations, and institutions. Societal changes
may lead to reinterpretations of religious doctrines, the emergence of
new religious movements, or shifts in religious authority and
hierarchy. Moreover, social dynamics can affect religious adherence,
participation, and identity formation within communities.

Examples of Interconnectedness: Historical and contemporary

examples illustrate the inseparability of social and religious life. For
instance, caste systems in Hindu societies are deeply entrenched in
religious beliefs, with social hierarchy often justified through religious
scriptures. Similarly, the civil rights movement in the United States
was deeply intertwined with religious leaders and communities
advocating for social justice based on Christian principles

METHDOLOGY
Doctrinal research has the root word “doctrine” which means a
principle or a basic governing tenet. That means, the legal doctrine
would include legal principles and tenets that would govern the legal
world. Therefore, it implies that doctrinal legal research would
involve digging deeper into the legal principles and concepts from
various sources like cases, precedents, statutes and others; to
analyze them and reach valid conclusions.
. The study relies on an extensive review of existing legal literature,
including statutes, case law, and legal commentaries, to analyze and
interpret relevant legal principles and precedents.

CASE LAWS -

SHAYARA BANO V. THE UNION OF INDIA

Ms. Shayara Bano and her husband, Mr. Rizwan Ahmed, got
married in April 2002 in Uttar Pradesh. Ms. Bano claimed that her
husband ‘compelled’ her family to give dowry for the marriage. She
stated that her husband and his family drugged, abused, and
eventually abandoned her while she was sick when her family could
not provide additional dowry.
In October 2015 Mr. Ahmed divorced Ms. Bano through the practice
of talaq-e-biddat, also known as instantaneous triple talaq. Talaq-e-
biddat is a religious practice that allows a man to divorce his wife
instantly by saying the word ‘talaq’ thrice. The practice does not
require the wife’s consent.
Ms. Bano filed a writ petition at the Supreme Court in February 2016
challenging the constitutionality of talaq-e-biddat, polygamy,
and nikah-halala. Polygamy as an Islamic religious practice allows
men to marry more than one woman at a time. If a Muslim woman
wants to remarry their first husband following a divorce, nikah-
halala requires them to first marry and subsequently divorce her
second husband.
Ms. Bano claimed that these practices violate the Right to Equality,
the Right against Discrimination, and the Right to Livelihood. She
further argued that these practices were not protected by the Right
to Freedom of Religion—religious freedom is subject to other
fundamental rights, public order, morality, and health.

On February 16th, 2017, the SC directed the All India Muslim

Personal Law Board (AIMPLB), the Union Government, and
women’s rights groups such as the Bebaak Collective and the
Bhartiya Muslim Mahila Andolan, to give written submissions
addressing the matter. All of these groups, besides the AIMPLB, filed
submissions in support of Ms. Bano.
While the AIMPLB conceded that Shariat strongly condemns the
practice of talaq-e-biddat, they argued that the Court could not
review uncodified Muslim personal law. They further argued that
these practices were essential to Islam and protected by the Right to
Freedom of Religion.
On March 30th, 2017, the SC created a 5-Judge Constitution Bench
to hear the matter. The Bench comprised Chief Justice J.S.
Khehar and Justices Kurian Joseph, R.F. Nariman, U.U.
Lalit and Abdul Nazeer. The Bench heard the case between May
11th and May 19th, 2017, and delivered the Judgment on August
22nd, 2017. In a 3:2 split, the majority held that the practice of talaq-
e-biddat was ‘manifestly arbitrary’ and unconstitutional. Chief Justice
Khehar and Justice Nazeer dissented, stating that talaq-e-biddat was
protected by the Right to Religion and that it was the job of
Parliament to frame a law to govern the practice.
Two years later in July, Parliament enacted the Muslim Women
(Protection of Rights on Marriage) Act, 2019 which made the
practice of talaq-e-biddat a criminal act, punishable with up to three
years imprisonment. The Jamiat Ulama-I-Hind, Samastha Kerala
Jamiathul Ulema, and the President of the Rashtriya Ulema
Council challenged this Act in separate petitions at the Supreme
Court in August 2019. However, the Court is yet to begin hearing
arguments in the matter.

SARLA MUDGAL V. UNION OF INDIA

In the Sarla Mudgal v. Union of India, there were two main

petitioners. The first was Kalyani, a NGO that works with needy and
distressed women, which is headed by Sarla Mudgal. The next
petitioner was Meena Mathur, married to Jitender Mathur, in 1988,
Meena finds that Jitender converted to Islam and solemnized second
marriage with Sunita Narula, also known as Fathima. Meena Mathur
complained that her husband converted to Islam only for the
purposes of getting married again and circumvented the provisions
of Section 494 of IPC.

In Writ Petition 424 of 1992, Geeta Rani, married to Pradeep Kumar

alleged physical and mental violence by her husband. She later
found out that her husband, Pradeep, eloped and married another
woman after converting to Islam, in 1991. Sushmita Ghosh,
petitioner in Civil Writ Petition 509 of 1992 married G. C. Ghosh
according to Hindu rituals in 1984. The husband told her that she
wanted a divorce and the petitioner argued that she was the legally
wedded wife. The husband embraced Islam and wanted to marry
Vinita Gupta. The petitioner has prayed to not let her husband to
enter a marriage with Vinita Gupta.

In the case Section 494 of IPC, article 14, 15 20 were discussed in

details. The court discussed in detail these two issues:

1. Whether a Hindu husband married under Hindu law is

allowed to embrace Islam and then indulge into a
marriage with another women?
2. Whether the husband can be charged under 494 of IPC?

Judgement

The Court held that the first marriage would have to be dissolved
under the Hindu Marriage Act, 1955. The man's first marriage would
therefore, still be valid and under Hindu law, his second marriage,
solemnized after his conversion, would be illegal under Section 494
of the Indian Penal Code, 1860.

1. The court underscored the need to prevent individuals from

exploiting religious conversions and personal laws to evade
legal restrictions on marriage. The judgment reaffirmed the
principle that personal laws must conform to constitutional
values, including equality, dignity, and non-discrimination.

2. Impact and Significance: The Sarla Mudgal case marked a

significant milestone in Indian jurisprudence by addressing the
intersection of personal laws, religious conversions, and
gender justice. It highlighted the courts' role in safeguarding
the rights of individuals, particularly women, against practices
that perpetuate discrimination and injustice.

CONCLUSION

Religious life is required to follow a social life, through religion people

are taught how to behave socially, and the narratives of the religion
also change if they don’t match with the ideas of the majority. For
example, the story of Lilith in the story of Creation.
Different religions all over the world have similar stories and
teachings, so that there can be homogeneity in the social life of
people all around the world. For example, Hindu mythology is very
similar with their gods and their stories to Greek mythology, there is
similarity between how in Greek mythology there is a god of thunder,
Zeus, in Hindu mythology, Indra takes the same role, the similarities
between the battle of Troy and Mahabharata.
In conclusion, the inextricable link between social and religious life in
India is a fundamental aspect of its cultural identity and societal
dynamics. Throughout history, religion has served as a cornerstone
of social organization, shaping norms, values, and practices that
govern interactions within communities. From rituals and festivals to
social hierarchies and gender roles, religious beliefs permeate every
facet of Indian society, influencing individual behavior and collective
identity.
At the same time, social structures and dynamics also impact
religious practices and interpretations, reflecting the ongoing
dialogue between tradition and modernity, orthodoxy and reform.
The interplay between social and religious realms is evident in legal
disputes, political debates, and cultural expressions, highlighting the
complexity of navigating religious diversity within a pluralistic society.
Recognizing and understanding this intricate relationship is essential
for fostering mutual respect, tolerance, and inclusivity in Indian
society. It requires a commitment to upholding constitutional values
of equality, freedom, and justice, while also respecting the diversity
of religious beliefs and practices that contribute to India's rich cultural
heritage.
Ultimately, by acknowledging and embracing the inextricable link
between social and religious life, India can strive towards a more
harmonious and cohesive society, where individuals are free to
practice their faiths while also upholding the principles of social
justice and human rights

BIBLIOGRAPHY

Ambedkar, B.R. "Constituent Assembly Debates: Official

Reports." Volume VII, November 25, 1949.

Iyer, Alladi Krishnaswamy. "Constituent Assembly Debates:

Official Reports."Volume IV, April 1947.

Das, Veena. "The Oxford India Companion to Sociology and

Social Anthropology." Oxford University Press, 2003.
 Bhargava, Rajeev. "Secularism and its Critics." Oxford
University Press

Triple Talaq
Shayara Bano v Union of India

Sarla Mudgal v. Union of India-

https://main.sci.gov.in/jonew/judis/10742.pdf

Annihilation Of Caste- B.R Ambedkar

Blood, Gender and power in Christianity and Judaism – Kenyon

College

Mythological affinity between Greek and Hindu Deities- BY Dr.

Vandana Sharma, IJCRT.com