The perception of religion by the constitution navigates the delicate balance between state and religion, a complex construct further complicated by the judiciary's interpretation of Hinduism, a faith-defying simple definition. Our constitutional stance dictates how the state must engage with religion, urging a departure from materialism towards a deeper understanding of faith and belief. Despite insights from ancient texts like the Arthashastra on right governance, modern India often overlooks this wisdom. Legal interpretations, influenced by Christian principles, sometimes neglect Dharmic perspectives, notably absent in debates on constitutional provisions like Articles 25 and 26. This secular state's struggle to comprehend religion was evident in cases like Sabarimala, exposing the judiciary's limitations in interpreting religious issues without adequate expertise or public moral alignment, highlighting the futility of expert calls in such matters.
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About The Speakers:
Anand Prasad is a corporate/commercial lawyer with more than three decades of experience representing domestic and international clients on various legal and commercial issues. He co-founded Trilegal, one of India’s leading full-service law firms, and served on the firm’s management committee from 2012 until 2016. Adv. Anand returned to full-time private practice in 2019 along with former colleagues. He established AP & Partners. He has been cited in independent legal directories such as Legal 500 and Chambers and Partners as a market leader for corporate and commercial laws in India for well over a decade.
Rahul Dewan is an entrepreneur, angel investor, open-source software evangelist, and the founder and CEO of Srijan Technologies, an *18-year-old enterprise web content management consulting and development company with offices in New Delhi, Gurgaon, Goa, Bangalore, and San Francisco. Srijan excels in building products for online businesses using Drupal as the core technology. He is a writer, blogger, social activist, and a Sadhaka, who has devoted his life as a soldier to the cause of Bhartiya cultural revival, literally by all means. One of these ventures is Sarayu Trust, where we strive to reclaim our cultural heritage.
Topics Covered:
00:00 Secular State: Inability to Comprehend Religion
01:04 Synopsys of the Talk
05:12 Introduction
07:24 Constitutional Construct of How The State And Religion Must Engage With Each Other
10:05 Hard to Define Religion And Even Harder to Define Hinduism
11:09 Our Constitutional Stand: How a State Must Engage With Religion
13:52 Time to be Moving Away From The Materialistic Construct: Faith And Believe
19:17 Right Governance in Arthashastra: How The Modern State of India Ignores The Ancient Wisdom
20:12 Charvaka Philosophy on Legal Interpretation
20:50 Faith And Belief: Christian Influence on Indian Legal Interpretation
24:44 The Absence of Dharmic Aspect in The Constitutional Debates: The Reasoning
28:14 The Karmic Understanding of Good And Evil
33:14 The Consequential Believe System Behind Article 25, 26 of the Constitution
39:08 The Need to Accept The Limitation in the Judiciary And Reshape in Accordance With Public Morality
50:05 Sabarimala Case: Incapability of the Judiciary to Interpret Religious Issues
55:46 The Practice of Calling in an Expert Doesn’t Work in The Religious Matters
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Негізгі бет State Control of Temples: The Constitutional Question | PART I | Adv. Anand Prasad & Rahul Dewan
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