Study of Law and Religion in Israel
for Indian Students
Introduction
Hindutva
and Zionist might seem parallel parallel ideologies where both talks about a
state preserving Sanskrit / Hebrew, a home to all Hindus / Jews wherever they
live, rebuilding the 2000 year old temple, fighting terrorism, building homes
for the Hindus / Jews in the areas where they used to live from centuries, and
a lot of others areas. But some might argue that due to the demographics
scenario in India, poor management of the Hindutva agenda by the Hindu
organizations, and influence of Soviet and China in Indian politics have
created friction in the internal functioning of Indian Right Wing where they
lack a very robust research center and knowledge creation on the subject. These
are few of the reasons why 'Hindu Nationalism' took around 60 years to get into
the center stage.
Rise of the Hindu Nationalistic Party and Importance of Study of Law
The
current ruling party in India (which is considered a right wing Hindu
Nationalist party) has got workforce broadly from two domains - 1) Hindu
nationalistic cultural religious organization and 2) prominent lawyers
(generally who become famous fighting for Hindu Right or against financial
corruption arising from outdated left wing governance styled policies or other
activities). There is disconnect between the two which can be bridged by
focusing on the interconnections between Law and Religion. Here the courses
developed by Israeli Universities can be of help when India lacks research
center that focus in details on the issue of Law and Religion.
Hence
the need for studying Hindu law and understand how the old laws from the
religion would fit into the new framework of the modern state is crucial. Israel
is a perfect example that combines the old laws with the modern though and
promotes innovation, entrepreneurship and modern thought. Hence education in
Israel on Law & Religion would greatly benefit Indian students.
Holy book of Gita - The book of Law
There are many interpretation and discussion done my Mahatama Gandhi on Gita - a book that talks about how to decide on Dharma (duty) when in case of dilemma. The interpretation of Gita by Mahatama Gandhi is the same book that PM Narendra Modi visited US and met Obama during his visit. With the emergence of Hindu Nationalism this book now finds its place in the official curriculum in a few right wing states of India.
Laws
in Hinduism and Current Implementations
Hindus
don't have clearly delineated law like the Jewish Laws, and in the current
framework religion and state are treated as different subjects. Although, there
is great number of Hindus organizations which thinks that Hindu Identity needs
to be preserved. Hinduism has a very vast literature which should be considered
while making the laws for the state. This would become important in the time to
come with rise of Hindu Nationalism which has already started with the
emergence of Narendra Modi as the new PM of India.
An
example of this is the ban on cow slaughter that happened in India (Feb-March
2015), subsidy in traveling to very old temples (states like MP), recitation of
Holy book Gita, adding Yoga and 'Surya-Namashkar' in school curriculum, etc.
Law
in Conflict Resolution for Hindu Heritage
Law
becomes important for candidates who would like to understand more about Hindu
Nationalism. Cases pertaining to Hindu Religion and state are also seen in
areas like fighting in Supreme Course of India for Kashmiri Pundit
Re-habitation, protection of Ram-Setu (the spiritual old bridge of Lord Ram
which connects India to Lanka), making changes in Hindu marriage act, etc.
Lord Ram
is the most revered diety in India, Mahatama Gandhi also revered Lord Ram and
the last two words before his death is 'Ram'.
Currently,
there is no place in India where research on religions and law is taken and
hence studies in Israel would become an important phase for prospective
students to handle the issues related to Lord Ram under current framework of
'Law of the state'.
List of
areas that where is overlap between Law and Religion from an Indian
perspective.
- Uniform Civil Code - The current code applies strictly to Hindus and not to Muslims who have their own Muslim personal Law board. Indian Right wing has demanding a UCC.
- Article 370 - This restricts re-habitation of Kashmiri Pundits in the Muslim dominated Kashmir - the right wing in demanding abrogation of this act.
- Yoga
- Gita as national book
- Temple consensus vs. Constitution amendment - The temple of Ram in the holy city in Ayodhya was destroyed by Muslim invader Babar which Hindus want to rebuilt but are not able to.
- Different law for revenues governing mosque and temples. Temple under government while mosques don't under govt
Bar Ilan University and Whittier College Study Abroad Program-
June 7-July 2, 2015
Bar-Ilan
offers a four week program that an Indian student could take to understand the
Israeli angle of Law with religion or conflict.
Whittier
Law School and Bar Ilan University Faculty of Law provides a unique, four-week
legal studies program, offered in two two-week semesters.
I have tried to draw parallels on what an Indian student can possible learn through this course.
I have tried to draw parallels on what an Indian student can possible learn through this course.
•
Comparative Dispute Resolution
• Regulation, Politics & Law
• Holocaust, Genocide and the Law - Laws for Hindus who faced genocide
• Religion and State - Hindutva and India
• International Criminal Law - Applications on dealing with Terrorists in Kashmir which is internationalized by Pakistan
• Jewish Law - Hindu Law
• Regulation, Politics & Law
• Holocaust, Genocide and the Law - Laws for Hindus who faced genocide
• Religion and State - Hindutva and India
• International Criminal Law - Applications on dealing with Terrorists in Kashmir which is internationalized by Pakistan
• Jewish Law - Hindu Law
Conclusion
Based on
the emerging world order, and new dynamics of India politics, study of Law in
Israel becomes fascinating and there is great scope of learning from such
programs for Indian Students.