Jonah Patel
The Indian Constitution's use of the term Hindu has been a topic of discussion and interpretation by the Supreme Court of India, with the word appearing in the Constitution to denote those practising Hinduism, Jainism, Buddhism, or Sikhism. This interpretation has been contested by some groups, and the Constitution's commitment to secularism and equality of all religions has led to debates about the definition of Hinduism and its relationship with other religions in India. The term's etymology and historical usage add further complexity to its understanding, with scholars noting its evolution from a geographical term to a religious identifier.
| Characteristics | Values |
|---|---|
| Etymology | Derived from the Indo-Aryan and Sanskrit word "Sindhu", meaning a large body of water, such as a river or ocean. |
| Historical Usage | Initially used as a geographical term for people living near the Indus River. Later used by European merchants and colonists in the 18th century to refer to followers of Indian religions, in contrast to "Mohamedans" for adherents of Islam. |
| Constitution of India | The term "Hindu" includes persons professing Hinduism, Jainism, Buddhism, or Sikhism. This has been challenged by some groups, and the Indian courts have acknowledged that these are distinct religions. |
| Secularism | The Indian Constitution envisages a positive secularism, separating spiritualism from individual faith and promoting equality of all religions. |
| Hindu Nationalism | A movement seeking to reform Indian laws to impose Hindu values on the Islamic minority, with critics arguing that this threatens the cultural identity and religious rights of Muslims. |
| Hindutva | Interpreted as a way of life or state of mind of Indian people, promoting a uniform culture. It has been criticized for excluding Muslims, Christians, and Parsis, and for creating a standard for Hindus that contributes to a Hindu nationalist agenda. |
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What You'll Learn
The Indian Constitution's use of the word 'Hindu'
The Indian Constitution uses the word "Hindu" in some places to denote persons professing any of these religions: Hinduism, Jainism, Buddhism, or Sikhism. This definition is outlined in Article 25(2)(b) Explanation II of the Constitution.
The use of the term "Hindu" in this context has been challenged by Sikhs and neo-Buddhists, formerly Hindus. While Jains have not objected to being included under the "Hindu" denomination, Indian courts have acknowledged that Jainism is a distinct religion. The Indian Constitution prohibits "discrimination of any citizen" on religious grounds in Article 15, but Article 30 foresees special rights for "all minorities, whether based on religion or language". As a result, religious groups have an interest in being recognised as distinct from the Hindu majority to qualify as a "religious minority" and receive the associated rights.
The etymology of the term "Hindu" can be traced to the Indo-Aryan and Sanskrit word "Sindhu", referring to the Indus River and its tributaries. Initially, the term was used as a geographical reference to the people living in that region. The Supreme Court of India has further conflated Hinduism with Hindutva, identifying both as a way of life or state of mind of the Indian people. This has contributed to the difficulty in providing a precise definition of the term "Hindu", as reflected in the Commissioner Wealth Tax, Madras vs Late R Sridharan case of 1976.
The interpretation of the term "Hindu" in the Indian Constitution has had political implications, with the rise of the Hindu nationalism movement seeking to reform Indian laws to impose Hindu values on the country's Islamic minority. Critics argue that this movement poses a threat to the cultural identity and religious rights of Muslims, who have a constitutional right to Islamic shariah-based personal laws.
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The historical context of the term 'Hindu'
The term Hindu has been used in various ways throughout history, evolving from a geographical and cultural identifier to a religious one.
Ancient Usage
The term "Hindu" is derived from the Indo-Aryan and Sanskrit word "Sindhu", referring to the Indus River and its tributaries. In ancient records, such as the 5th-century BCE inscription of Darius I, the term was used as a geographical term for the people living beyond the Indus River. In the 8th century, the Indian language was referred to as "hindavī", and the term "Hindu" was used as an ethno-geographical identifier for people living in the Indian subcontinent.
Medieval Usage
In the medieval era, the term "Hindu" began to take on a religious connotation, appearing in texts from the 13th to 18th centuries in Sanskrit, Bengali, and Persian. Indian poets such as Vidyapati, Kabir, Tulsidas, and Eknath used the phrase "Hindu dharma" (Hinduism) in contrast to "Turaka dharma" (Islam). The earliest known records of 'Hindu' with religious connotations may be in the 7th-century CE Chinese text "Record of the Western Regions" by Xuanzang.
Colonial Era
During the colonial era, European merchants and colonists began to use the term "Hindu" to refer collectively to the followers of Indian religions, in contrast to "Mohamedans" for adherents of Islam, such as Turks, Mughals, and Arabs. However, colonial laws continued to consider Buddhists, Sikhs, and Jains under the scope of the term "Hindu" until the mid-20th century. The construction of the term "Hinduism" as a religious identifier is attributed to Western influences, particularly British writers and colonial-era Indologists, who introduced the term in the first decades of the 19th century.
Modern Usage
In modern usage, the term "Hindu" is primarily associated with individuals who adhere to the religion of Hinduism, also known as Sanātana Dharma. However, the Constitution of India has used the term "Hindu" to denote persons professing Hinduism, Jainism, Buddhism, or Sikhism. This usage has been challenged by some groups, highlighting the complex historical evolution of the term "Hindu" and its ongoing impact on religious and national identity in India.
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Hinduism, Jainism, Buddhism and Sikhism
The Indian constitution uses the word "Hindu" to denote those who follow Hinduism, Jainism, Buddhism, or Sikhism. However, this classification has been contested by Sikhs and neo-Buddhists, the latter of whom were previously Hindus. While Jains have not opposed being grouped under "Hindu" in legal contexts, Indian courts acknowledge that Jainism is a distinct religion.
The situation in India is unique, as the Supreme Court has been repeatedly tasked with defining "Hinduism." This is due to the Indian Constitution's conflicting provisions: while Article 15 prohibits discrimination based on religion, Article 30 grants special rights to minorities, whether based on religion or language. Consequently, religious groups seek recognition as distinct from the Hindu majority to qualify for minority rights.
Historically, the term "Hindu" had a different connotation. Derived from the Indo-Aryan and Sanskrit word "Sindhu," meaning a large body of water like a river or ocean, it originally referred to the Indus River and its tributaries. The term first appeared in the 5th century BCE as a geographical designation for people living beyond the Indus River. Over time, the term evolved to refer to Indian indigenous people and their traditions, distinguishing them from foreign invaders. By the 18th century, European merchants and colonists used "Hindu" to collectively describe followers of Indian religions, in contrast to "Mohamedans" for adherents of Islam. It was only by the mid-19th century that colonial orientalist texts began to differentiate between Hindus, Buddhists, Sikhs, and Jains, even though colonial laws continued to group them under the umbrella term "Hindu."
Today, Hinduism is the world's third-largest religious group, with approximately 1.2 billion followers. According to the 2011 Indian census, India is home to the vast majority of Hindus, with 94.3% of the global Hindu population residing in the country. The Hindu nationalism movement has sought to reform Indian laws to impose Hindu values, which critics argue would infringe upon the rights of religious minorities, particularly India's Islamic community.
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Hindu nationalism
At the heart of the Hindu nationalist movement in India is the Rashtriya Swayamsevak Sangh (RSS), a nationalist volunteer group formed in the 1920s. The RSS, often described as a paramilitary organisation, was established to foster unity and discipline among the Hindu community and to build a Hindu state. It continues to propagate the ideology of Hindutva, which literally means "Hindu-ness". Hindutva has been described as a variant of "right-wing extremism", almost fascist, and adhering to a concept of homogenised majority and cultural hegemony. However, some analysts dispute the "fascist" label, instead characterising it as an extreme form of "conservatism" or "ethnic absolutism". The Bharatiya Janata Party (BJP), India's ruling political party, emerged from the RSS and remains closely linked. The BJP is widely seen as the political wing of right-wing Hindu nationalism.
The Hindu nationalist movement has been associated with communal violence and marginalisation of Muslim Indians. Similarities have been drawn between Hindu nationalism and the racial segregation policies of the Jim Crow era in the United States. Both ideologies aim to marginalise a minority group based on religion or race and employ methods such as exclusionary laws, segregation, and vigilante violence. Hindu nationalists seek to diminish the equal citizenship of Muslims and relegate them to second-class citizens. This has led to rising communal tensions and violence between Hindu and Muslim communities, not only in India but also in diaspora communities, such as in Leicester, UK.
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Hindutva and its interpretation
The term "Hindu" has been used in the Constitution of India to denote persons professing Hinduism, Jainism, Buddhism, or Sikhism. However, this definition has been challenged by Sikhs and neo-Buddhists, and the Indian courts have acknowledged that Jainism and Sikhism are distinct religions. The lack of a clear definition has led to various interpretations of the term "Hindu" and its associated ideologies, such as "Hindutva."
Hindutva, often translated as "Hindu-ness," is a political ideology that seeks to establish the hegemony of Hindus and Hinduism within India. It was formulated by Vinayak Damodar Savarkar in 1922 and is associated with right-wing ethno-nationalism. Hindutva proponents advocate for India's significant Hindu-majority population and seek to redefine secularism in the Indian constitution to prioritize Hindu rights. This movement has been criticized for misusing Hindu religious sentiments to divide people along communal lines and for promoting an agenda that can marginalize non-Hindu communities.
The interpretation of Hindutva varies, and some Hindus view it as a way to live according to Hindu teachings or as a descriptor of being Hindu. The Supreme Court of India has defined Hindutva as a "way of life or state of mind" rather than religious Hindu fundamentalism. However, critics argue that the court's interpretation blurs the line between religion and politics and that Hindutva is akin to fascism, with its focus on creating a unified homogeneous majority and a sense of cultural superiority.
The movement has gained political influence in India, with the rise of the Bharatiya Janata Party (BJP) and its electoral successes in recent years. The BJP has implemented policies in line with Hindutva demands, such as revoking the semi-autonomous status of the predominantly Muslim region of Jammu and Kashmir. While Hindutva supporters claim to advocate for a unified and prosperous India, critics argue that it contributes to creating a standard for Hindus that excludes and marginalizes non-Hindu communities.
In conclusion, Hindutva is a complex and controversial ideology that has shaped political and social discourse in India. Its interpretation varies widely, from a way of life for Hindus to a threat to freedom, equality, and democracy. The lack of a universally accepted definition allows for multiple interpretations, and its association with political power has led to significant implications for India's religious minorities.
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Frequently asked questions
The Indian Constitution defines "Hindu" under Article 25(2)(b) Explanation II as "including a reference to persons professing the Sikh, Jaina or Buddhist religion". This has been challenged by neo-Buddhists and Sikhs, who wish to be recognised as distinct religious minorities.
The term 'Hindu' is derived from the Indo-Aryan and Sanskrit word 'Sindhu', meaning a large body of water, and was used to refer to the Indus River and its tributaries. The term was first used in the 5th century BCE as a geographical term for people living beyond the Indus River.
The term 'Hindu' has been used historically to refer to all non-Islamic people in the region, including Buddhists. European merchants and colonists in the 18th century used the term 'Hindu' to refer to followers of Indian religions, in contrast with 'Mohamedans' for adherents of Islam.
Hindutva is a way of life or state of mind of the Indian people, which has been equated with Indianisation by the judiciary. It seeks to create "One Nation, One People and One Culture", which critics argue attempts to impose Hindu values on India's Islamic minority.
