The argument is that an agnostic view must be taken, the third generation human rights of a certain group of believers must be respected, and this has nothing to do with woman's rights. Secularism alright but why atheistic secularism, why not agnostic?
By
giving all women the right of entry to the Sabrimalai temple is the Indian
system of law not stretching itself higher towards perfection? Is it not a sign
that the nation is making progress? Not necessarily. The questions involved are
not as straightforward as they seem.
For
an atheist it is a matter of women’s rights being pitted against what they see
as the naivety and superstition of the believers, so atheists have no doubts on
this matter. The agnostic will give credence to both perspectives and look at
finding a middle way. For the believers however, something of unmeasurable
value is poised for destruction at the altar of a needless misdirected
controversy.
The
United Nation uses an agnostic approach in its definition of Human Rights. Over
the decades it has arrived at what some scholars call as the third generation
of human rights. This concerns peoples’ rights to pursue their own faith and
beliefs. And India is a signatory. So, for instance, a Christian in India would
have the right to profess and practice his religion under the rule of law.
But,
if the Christianity community itself does not have a right to exist, how would
a Christian get his third generation rights? So by implication, the community
itself should be able to enjoy its sacraments, its holiness, its beliefs and
its places for worship. This calls for a new generation—the fourth
generation—of Human Rights; not for individuals but for communities. A
community needs to be treated as a legal entity and this legal entity must have
the right to exist under rule of law.
The
Indian Constitution leads the world in allowing for such diversity; for example
the Indian legal system supports diversity in its civil code, something
uncommon in the world. The Indian courts have also used terms like ‘integral to
the practice of the faith’, ‘denominational’ or ‘essential practice’ to address
this. If a certain practice is considered an ‘essential practice’ of a certain
denomination or faith then credence has been given to such claims against challenges.
The question therefore is to establish whether or not the traditional restrictions
on the entry of women into Sabrimalai temple are integral to the faith or not.
The
question gets further complicated by the fact that neither the belief system
surrounding the deity Ayyappa Swami nor the whole of Hinduism can be defined as
religions. If Christianity is the perfect example of a religion, then Hinduism
is more than one. Hinduism is actually a confluence of sub religions or
alternatively it can be called as a confluence of ‘denominations’. Each
denomination by itself has a certain operational wholeness about; they can each
be considered as sufficient paths to the divine experience. The scriptures
celebrating Lord Ayyappa may only be a part of the voluminous scriptures of the
Hindus, but the worship of Lord Ayyappa is traditionally considered to be adequate
to meet the faithful’s spiritual needs. This makes the community of believers
of Lord Ayyappa a complete and valid denomination. The faith in lord Ayyappa is
a living reality for the believers and it plays a huge role in their daily
lives.
For
example, Kannagi (name changed) is close to 60 years old and works as a daily
wage labourer in one of the gardens in Chennai. She has a son of around thirty
who is an alcoholic. His marriage is on the rocks and he lives with his mother separated
from his wife and child. Advice, counselling, de addiction, medicines, nothing
helped him get rid of his habit. Then it was suggested to him that he should
wear the ‘mala’. And to Kannagi’s surprise and joy the man agreed. The young
man’s awareness of culture surrounding the institution seemingly gave him hope.
And in due course one night, he had one last swig at the bottle came back measuring
the road, and the morning he wore the ‘mala’.
A
week down the line I asked Kannagi Amma “How is he doing?” and she replied, “He
got angry and stamped me on the chest yesterday and I am in some pain. I held
his feet and said ‘Sami should not get angry’. He calmed down after that. But
he is finding it difficult, fighting it, I hope all goes well.”
The
son was probably battling withdrawal symptoms, and the mother was both
compassionate and hopeful.
This
real life instance shows how deeply the legend and traditions relating to Swami
Ayyappa are integrated into the living culture in south India. Besides
non-drinking the austerities include, non-smoking, no bad habits, no non-veg,
no cutting hair or shaving, regular team prayer and most of all avoiding
contact with women—including one’s own wife.
It
naturally implies austerities for the wife as well. The man first of all seeks
permission from his wife for undergoing the pilgrimage. Then it is she that
hands out the ‘black’ robes to him. The family abstains in honour of the swamis
in the home. And it is a process of purification for all the members of the
family. So both men and women have different prescriptions in the pursuit of
their faith in the deity. And in totality these practices in some way bind a
family together in prayer and promote the family’s wellbeing.
These
austerities come as a package. And it includes the entirety of the disciplines
coming through scripture, through living tradition and through the disciplines
associated with the ‘Mecca’ of their ‘denomination’. The purity of such
austerity may seem meaningless to atheists and agnostics but it means the world
to the believers.
Then
there are those who believe in a Universal God; for them all holy places,
whether temples or mosques or churches are the same. The following two verses
throw light on this system of belief: Bhagwad Gita 7:21, 22.
“Whatever
form a particular devotee wishes to worship with full faith—concerning that
alone I make his faith unflinching. Endowed with that faith, he worships that
deity, and from him gets his desires, which are indeed granted by Me alone”
The
Universalists therefore consider deity worship as having limitations, but they
overlook the limitations because they accord far greater value instead to the
graces which faith brings. They recognize that for the faithful the worship of
that deity is their only access to the Divine, so in wisdom they refrain from disturbing
denominational faith.
As
for those who do not believe in God, they must realize that there is no
conclusive proof about the non-existence of God either. It can be considered a
matter of perspective alone that while one believes that God exists the other
believes that God does not exist. As such the faithful may be allowed a private
place they call holy with associated notions of purity and defilement. One can
therefore avoid wickedness and show kindness instead by abstaining from doing
something that ‘defiles’ what the faithful consider as pure.
The
arguments placed in defence of women entry tend to reduce the profoundness of
faith related matters to the simple question of a monthly biological cycle in
women. In truth it is incidental that the cycles are natural to fertile women
and it is the fertility instead that is addressed in the austerities associated
with the deity. If the scriptures said that the deity distanced himself from
fertile women then what is the hassle in respecting that? And though the board
that takes care of the temple is under government control, the institution is
still not a public utility equivalent to a hotel or a tourist spot; instead it
is an integral part of denominational faith. Protecting the temple’s traditions
is the protection of the third generation rights of the faithful.
Even
if the judges do not want to change their minds, it still leaves the women the
freedom to act in wisdom. The options are clear: believers in the Universal
Spirit will not disturb the denominational faith. Those that believe in Lord
Ayyappa will observe the required austerities and those that do not have faith
can, out of compassion, desist from wickedness against the faithful. Just
because the law permits someone to do something that hurts another for no
reason it does not mean one should necessarily do it. And if the judiciary
finds itself helpless, the legislature can still amend the laws to ensure that
the third generation rights of the faithful are protected.
Note:
Kannagi Amma’s son eventually had to cancel his pilgrimage on account of a
death in the family. And his mother sighed deeply in the hope that he will
undertake the pilgrimage the next time. And one prays of course that the
verdict and its aftermath have not sullied the faith which the young man
experiences it in surroundings.
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