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How Indian laws define the term ‘Hindu’

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Hinduism

Nithin Sridhar

The Union Home Ministry in its reply to a Right to Information (RTI) query about the legal definition of the term ‘Hindu’ has claimed that it is unaware of the definition. The query was filed by Chandrashekhar Gaur, a resident of Neemuch district in Madhya Pradesh.

The response of the Union government is quite amusing because, if the government is really unaware of any definition of the term ‘Hindu’ with reference to law and constitution, then it means, that the entire range of personal laws that govern various religious communities have no basis.

Gaur rightly asks: “If the government doesn’t know the meaning and definition of the word Hindu, on what basis did it enact the Hindu Marriage Act?”

But thankfully there is indeed a well-defined legal explanation of the term ‘Hindu’. While speaking about how the Article 25 which comes under Right to Freedom of Religions does not prevent the State from providing for social welfare or reforms of the Hindus (See Article 25 (2) (b)), the said article adds an explanation that the reference to “Hindus shall be construed as including a reference to persons professing the Sikh, Jain, or Buddhist religion.”

Therefore, the constitution itself makes it clear that for all legal purposes, the definition of the term Hindu refers to not only various denominations that is collectively referred as Hindu religion but also faiths like Sikhism, Jainism and Buddhism.

This definition is further elaborated in The Hindu Marriage Act, 1965 wherein we see two definitions for the term Hindu. It first defines Hindu Religion as constituting all those people who adhere to any forms or developments of Hinduism including Virashaivas, Lingayats, Brahmo Samaj followers, and adherents of Prarthana and Arya Samaj. It further says that legally, the tenets of Hindu Marriage Act not only applies to those who are Hindu by religion, but also to who follow Buddhism, Jainism, Sikhism, or any other religion excluding Christianity, Islam, Judaism, and Zoroastrianism.

These two definitions are very significant. The Legal definition of the term ‘Hindu’ as including Sikhs, Jains, Buddhists, and as excluding Christians, etc. is in sync with the historical definition of the term. The consensus among various scholars is that, the term ‘Hindu’ basically is derived from the term ‘Sindhu’. The Persians used the term ‘Hindu’ to refer to people east of River Sindhu. The term ‘Hindu’ was also used by the Islamic invaders who established their empires in India. They considered all Indians whom they subjugated as Hindus irrespective of their faiths Therefore, historically, the term Hindu not only referred to the geographical area of India, but also to the culture and traditions of the population of India that existed prior to the occupation of India by Islamic invaders.

Therefore, the legal definition of the term as referring to people adhering to Indigenous religion and culture is very well in sync with history. This definition fits well, even with the notion of Dharma that is prevalent in India from ancient times. Hindus themselves never referred to their culture and practices using the term Hindu or Hinduism until the arrival of Islamic invaders. Instead, the discourse regarding philosophy, culture, and practices was surrounding the concepts of Dharma.

Historically, Buddhism or Jainism was never perceived as separate religions. They were perceived only as ‘Nastika’ world-views (Darshana) as against Ashtika Darshanas of Yoga, Vedanta, Samkhya, etc. Astika is one who accepts Vedas as a Pramana (means/valid authority) for attaining liberation. By corollary, they accept the tenets of rituals, of re-incarnation, heaven, etc. that are propounded in the Vedas. ‘Nastikas’ are those whose world-view rejects the authority of Vedas, and hence many tenets propounded in them.

Hence, even Jaina, Buddhist, or Sikh philosophy is strongly rooted in the concept of Dharma, Karma, and Moksha that are also central to Astika schools.

Further, the founders of the faiths of Buddhism, etc. never actually founded any religion, but only taught a different path to emancipation. Dr Ambedkar had reiterated this in reply to a question about Hindu Code Bill being applicable to Buddhists, etc. in 1951. He had said:The application of the Hindu Code to Sikhs, Buddhists, and Jains was a historical development and it would be too late, sociologically, to object to it.  When the Buddha differed from the Vedic Brahmins, he did so only in matters of creed, but left the Hindu legal framework intact.  He did not propound a separate law for his followers.  The same was the case with Mahavir and the ten Sikh gurus.”

Therefore, it is but proper that the legal definition of the term Hindu applies to all Dharma-based religions that have their roots in India. Another interesting aspect is that, this definition is in sync with the definition given by renowned but controversial freedom fighter Veer Savarkar. He defines ‘Hindu’ as any person who considers India as his fatherland, as well as his holy land. In other words, a person must be geographically and culturally rooted in India. This again is how the term Hindu was originally used by Persians and Islamic invaders.

Now coming to the other definition of Hindus by religion, though the Supreme Court in its Judgment in 1995 in the matter of Ramakrishna Mission’s petition to be declared a non-Hindu, minority religion, under the Indian constitution, had conceded that: When we think of the Hindu religion, we find it difficult, if not impossible, to define Hindu religion or even adequately describe it. Unlike other religions in the world, the Hindu religion does not claim any one prophet; it does not worship any one God; it does not subscribe to any one dogma; it does not believe in any one philosophic concept; it does not follow any one set of religious rites or performances; in fact, it does not appear to satisfy the narrow traditional features of any religion of creed. It may broadly be described as a way of life and nothing more,” it did not stop at that.

The Supreme Court, after analyzing the issue from various angles, successfully outlined certain tenets as being very fundamental to Hindu religion. These basic tenets include: acceptance of the Vedas as the highest authority in religious and philosophic matters; acceptance of great world rhythm, vast period of creation, maintenance and dissolution follow each other in endless succession; acceptance of the belief in re-birth and preexistence, and acceptance of worship of multiple Gods as well as those who do not worship idols.

The Supreme Court sums up its observation by quoting the definition of Hindu given by BG Tilak, which it calls as a ‘working formula’ that is ‘adequate and satisfactory’: Acceptance of the Vedas with reverence; recognition of the fact that the means or ways to salvation are diverse; and the realization of the truth that the number of gods to be worshiped is large, that indeed is the distinguishing feature of Hindu religion.”

The court further notes that: “unlike other religions and religious creeds, Hindu religion is not tied to any definite set of philosophic concepts as such” upholding the fact that, a person need not adhere to all the salient features mentioned above compulsorily to be regarded as Hindu. He may adhere to only a few of them, or may even adhere to some other basic feature that has not been outlined in the judgment. The Court adds: “If we study the teachings of these saints and religious reformers, we would notice an amount of divergence in their respective views; but underneath that divergence, there is a kind of subtle indescribable unity which keeps them within the sweep of the broad and progressive Hindu religion,” thus recognizing the true spirit of Unity in Diversity that is inherent in Hindu religion.

Therefore, the Indian law, not only recognizes a working legal definition of the term ‘Hindu’ that is in perfect sync with the historical usage of the term, but the law also outlines the salient features of the term Hindu in its religious usage.

Hence, it is both baffling and amusing at the same time that the Home Ministry has made such a huge slip up in its response to the RTI query. It would do well for the union government to sort the issue soon without giving a reason for its detractors to create another controversy.

 

  • A Hindu

    Hinduism is not a religion but a philosophy of life. To call it a religion itself is wrong. Hinduism preaches that all religions are the same and that God is known by different names which in itself includes all religions of the world. Thus to question all other religious beliefs is Non-Hindu.

    • Yash

      Hinduism does not preach ‘all religions are same’. Hinduism does understand that God is known by different names all over the world, but beliefs can be questioned of all religions including Hinduism itself (and of porki trolls like you).

  • A Hindu

    Hinduism is not a religion but a philosophy of life. To call it a religion itself is wrong. Hinduism preaches that all religions are the same and that God is known by different names which in itself includes all religions of the world. Thus to question all other religious beliefs is Non-Hindu.

    • Yash

      Hinduism does not preach ‘all religions are same’. Hinduism does understand that God is known by different names all over the world, but beliefs can be questioned of all religions including Hinduism itself (and of porki trolls like you).

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10 Customs of the Hindu Dharma Explained by Science

Have you ever wondered the rationale behind the customs and traditions of the Hindu dharma?

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Hindu dharma
A deeper look into the practices of Hindu dharma reveal that they are based on scientific knowledge. We tell you how! Pixabay

New Delhi, October 4, 2017 : You might have been moved by the way followers of the Hindu dharma bow down and welcome you inside their homes. Or by the way Hindu women dress, with jewellery adorning their hands and legs. Who doesn’t like the crinkling of their bangles, after all? But have you ever wondered the rationale behind their customs and traditions?

According to popular notions, the traditions and practices of the Hindu dharma have been equated with superstitions. However, a deeper look into the practices reveal that they are based on scientific knowledge and have been observed over generations , keeping in mind a more holistic approach.

Hinduism can hence, be called a dharmic scientific religion rather than just scientific religion. We prove you how!

 1. Worshiping the Peepal tree

Hindu dharma entails a myriad gods and goddesses and there exist a variety of reasons that propagate worship of Peepal tree. According to Brahma Purana, demons Ashvattha and Peepala hid inside and lured people to touch the Peepal tree and consecutively killed them. They were killed by lord Shani and hence the tree has been worshiped ever since. Another legend believed Goddess Lakshmi resides under the Peepal tree every Saturday which lends it a divinely touch. Another school of thought believes lord Hanuman sat on top of the Peepal tree in Lanka to witness the hardships faced by Sita.

Hindu dharma
Leaves of the ‘holy’ Peepal tree. Pixabay

The Peepal tree does not have a succulent fruit, lacks strong wood and does no good other than provide shade. However, it continues to enjoy increasing devotion from people practicing the Hindu dharma. Science confirms that Peepal is the only tree which produces oxygen even during the night. Hence, in order to preserve this unique property, ancestors of the Hindu dharma related it to God. Additionally, the tree is of utmost significance in Ayurveda and its bark and leaves are used to treat diseases and illnesses.

 2. Do not chew leaves of Tulsi plant

The Tulsi plant is revered in the Hindu dharma. Apart from its medicinal qualities, the plant is also known for its symbolic presence in Hindu mythology.

According to popular belief, Tulsi is the wife of Lord Vishnu. Hence, biting and chewing it is considered disrespectful.

Hindu dharma
According to popular belief, Tulsi is the wife of Lord Vishnu. Pixabay

However, according to botanists, Tulsi has high quantities of mercury. If raw mercury comes in contact with teeth (calcium), it can possibly result in inundation, making the teeth fall. Hence, leaves of the Tulsi plant are suggested to be swallowed and not chewed.

 3. Applying tilak on your forehead

Application of tilak is a religious ac. According to the Hindu dharma, the forehead signifies spirituality. Hence, application of a tilak on the forehead denotes an individual’s thoughts and conviction towards spirituality.  Various Vedic scriptures and Upanishads maintain that energy, potency and divinity comes to those who apply a tilak.

Hindu dharma
A flute player from India with a tilak on his forehead. Wikimedia Commons.

However, science asserts that during the application of a tilak, the central point in the forehead and the Adnya-chakra automatically pressed which encourages blood supply to the facial muscles.  According to body anatomy, a major nerve point is located in the middle of the eye brows on the forehead. Application of the red tilak is believed to maintain vitality in the body and prevent the loss of energy. The Tilak is also believed to control and enhance concentration.

 4. Obsessive cleaning during Diwali

Diwali, the festival of lights honors the goddess Lakshmi, the deity of wealth. The festival also commemorates the return of lord Ram after an exile of 14 years to his kingdom in Ayodhya. According to Hindu mythology, the night of his return was a new moon night. To illuminate his path in the pitch dark night, the villagers of Ayodhya cleaned the entire village and lit it with lamps.

Hence, Diwali is preceded by extensive cleaning of the entire house in honor of both the deities of Hindu mythology. Legend also believed goddess Lakshmi comes home on Diwali and thereby, the entire place should be cleaned and decorated to welcome the goddess.

However, science backs the concept and explains that Diwali essentially falls in October and November, and mark beginning of winters and end of monsoon season.

Hindu dharma
People indulge in cleaning, repari and beautification of their homes ahead of Diwali to welcome goddess Lakshmi. Pixabay

In older times, the monsoons were not a good period as they were characteristic of excessive rains that often resulted in floods and damaged homes, which then needed repair. This is why people indulged in repair, cleaning and beautification of their homes.

 5. Folding your hands for ‘Namaskar’

You will often find people practicing Hindu dharma greeting people by joining their palms together. The ‘Namaskar’ is believed to signify respect for people.

Hindu dharma
People practicing Hindu dharma greeting people by joining their palms together. Pixabay

This pose requires an individual to join all finger tips together that carry the pressure points of ears, eyes and mind. Science says pressing them together activates these pressure points, making our mind attentive.  This aids us to remember people for a longer duration.

The Namaskar can also be backed up by an act to maintain hygiene and cleanliness since it does not involve any physical contact.

 6. Wearing toe rings

Traditionally, toe rings are worn by married woman on the second toe and are treated as a sign of holy matrimony. However, they are believed to be a part of the Indian culture since the times of Ramayana when Sita threw her toe ring for her husband lord Ram, upon being abducted by Ravana.

Science says that a nerve on this toe connect the uterus to the heart.  Wearing a ring on this finger helps regulate blood flow, thereby, strengthening the uterus and regulating menstrual cycle. It is also believed to have an erotic effect.

 7. Applying henna on hands and feet

Mehendi or henna is usually applied during weddings and festivals to enhance the beauty of the women-folk. According to popular beliefs, the color of the henna denotes the affection a girl will enjoy from her husband and mother-in-law.

Hindu dharma
Mehendi or henna is usually applied during weddings and festivals to enhance the beauty of the women-folk. Pixabay

However, science provides rationale of applying henna during the stressful times of festivals and weddings. Festivity stress can bring fevers and migraines, which when mixed with excitement and nervous anticipation can prove to be harmful for an individual.

Thus, besides lending color, henna also possesses medicinal qualities that relieve stress and keeps the hands and feet cool thereby shielding the nerves from getting tense.

 8. Fasting during Navratri

There are four major Navratris throughout the year, however only two are celebrated on a grand scale. Throughout the nine day festival, devotees observe ritualistic fasts, perform several pujas and offer bhog (holy food) to Goddess Durga in an attempt to gratify her.

Hindu dharma
Durga, the Goddess of strength. Wikimedia

But according to science, these navratris are celebrated when the seasons are transitioning. As the seasons and the temperatures change, our eating habits also do.

Fasting during Navratri allows our bodies to adjust to the changing temperature. Individuals get a chance to detox their bodies by quitting excessive salt, sugar and oil. Additionally, Navratris allow them to meditate and gain positive energy. This helps them prepare for the upcoming change in seasons.

 9. Applying sindoor

In traditional Hindu societies, the Sindoor denotes a woman’s desire for their spouse’s longetivity. The red powder is believed to be the color of power, symbolizing the female energy of Parvati and Sati. The Hindu dharma holds a woman is ‘complete’ or ideal only when she wears Sindoor.

Hindu dharma
Sindoor a cultural identity of every Hindu women. Wikimedia

Science explains that sindoor is made out of Vermilion, which is the decontaminated and powdered type of cinnabar (mercury sulfide). Because of its characteristic properties, mercury is known to reduce anxiety, control blood pressure and also initiate sexual desire, the primary reason why married women are advised to wear the ‘holy’ red powder. This is also the reason why widows are prohibited from wearing sindoor.

10. Wearing bangles on wrists

Bangles have been worn in the Hindu dharma since times immemorial- goddesses are also pictured to adorn these beautiful rings in their wrists. Bangles are believed to enhance feminine grace and beauty. The Hindu dharma almost makes it mandatory for newly-wed brides and to-be brides to wear bangles as they are believed to symbolize the well-being of the husbands and the sons.

Hindu dharma
Bangles are believed to accentuate the beauty of the Indian woman. Pixabay

Science suggests the constant friction caused by wearing bangles in the wrists expands the blood flow level. Besides this, the energy passing through the external skin is once again returned to one’s own body due to the round-molded bangles which has no ends to pass the energy out.

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8 Immortals In Hindu Religion You Would Like To Know About

There are 8 immortals in Hindu religion who are believed to remain alive through kali yoga. Until a person attains Moksha, their life cycle is incomplete and Samsara of life and death continues. There is no escape to this fate.

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Immortals in Hindu Religion
Source: Wikimedia Common

New Delhi, September 24, 2017: Hinduism is the oldest known religion in the world. The way of life and spirituality in Hinduism is followed by certain rules, called Hindu dharma. Widely practiced in South Asia, Hinduism dates back to 4000 BCE to 1500 BCE in context to pre-Vedic religions and Vedic period.

Hinduism observes a comprehensive range of philosophies, from where the Hindu text are themed into four Purusarthas, Dharma (duties), Artha (work/prosperity), Kama (desires), and Moksha (freedom/salvation). These are the important part of fulfilling and happy life that makes a complete cycle of living.

Until a person attains Moksha, their life cycle is incomplete, and Samsara of life and death continues. There is no escape to this fate, and it is believed in Hindu Dharma that 8 personalities are in the same infinity cycle of Samsara. The eight immortals or Astha Chiranjeevi as they are known stands the loop Chiram (Long) and Jivee (Lived).

The 8 immortals in Hindu religion who are believed to remain alive through kali yoga

Maha Rishi Markandeya

Immortals in Hindu Religion
Source: Wikimedia Common

One of the devotees of Lord Shiva and Lord Vishnu, Rishi Markandeya comes from the Bhrigu, a clan of sages. The legend behind speaks of the great devotion of Markandeya towards Shiva to save himself from the god of death, Yama.

Rishi Mrikandu and his wife Marudmati worshipped Lord Shiva and requested from him the boon with a son. However, the boon came up to them two options, either their son will have a short lifespan or the son will have low intelligence. Mrikandu chose the first option and was blessed with Markandeya, who was destined to die at 16. The destiny cannot be escaped, and so the time came.

Markandeya knew about his fate, and on the day of his death, he started to worship Lord Shiva near the Shivalingam (the symbolic statue that represents Lord Shiva). The devotion and prayers were so powerful that the messenger of death God Yama was unable to take his life. Hearing this, Yama appeared himself to take away Markandeya’s life. He started to create a trap around the teenage sage, but mistakenly it grounded upon the Shivalingam. Furious Shiva emerged from the Shivalingam and a battle started between them on point of death. Yama couldn’t handle the rage of Shiva and thus resulted in losing it and sparing the life of Markandeya. Also, Shiva revived Yama to give the boy a boon of immortality.

This legend made Maha Rishi Markandeya be one of the 8 immortals in Hindu religion.

Asura King Mahabali

Immortals in Hindu Religion
Source: Wikimedia Common

The great-grandson of Hiranyakshipu, the grandson of Prahlada and son of Virochana, Mahabali.

The most beloved king in Kerela, Mahabali ruled his kingdom with prosperity and happiness. His success as a king led Gods to be cautious and bring him demise by Vamana, Vishnu avatar. Vamana asked Mahabali for 3 steps of land at the time of Ashwamedha Yoga, a Hindu rite that Bali performed to maintain dominance over three worlds. Bali agreed to it and granted Vamana the boon. Vishnu avatar Vamana covered the earth and the heaven with his two steps and asked Bali now that you don’t have anything left how will you fulfill my grant. Mahabali offered Vamana his head as a place his last step, which compelled Bali to go underworld.

Vamana got pleased with his devotions and blesses Bali to be the Indra during the period of Manu, known as Savarni. Bali’s devotion, dharma, and polite words mesmerized Lord Vishnu and he was granted with a boon of visiting the earth once a year. Onam festival in Kerala is celebrated to welcome Asur King Mahabali in this regards. He is also one of the 8 immortals in Hindu Religion.

Parashurama

Immortals in Hindu Religion
Source: Wikimedia Common

Born in Brahmin family, Parashurama was a warrior. Unlike other Brahmins, he was very temperamental and was also known to all as the sixth avatar of Lord Vishnu. Parashurama, the Brahmin-Kshatriya has many personas of being Kshatriya like warfare, valor, and aggression.

He is a martial Shraman ascetic. However, it is believed that he still lives on earth and is one of the 8 immortals in Hindu religion. He is an avesha avatar, the one who takes spiritual possession on other with his special power.

Like other avatars of Lord Vishnu, Parshuram appears at the time when evil tries to prevail earth.

ALSO READ: Was Taj Mahal Once a Shiva Temple? The Debate over the Tomb Continues

Vibhishana

Immortals in Hindu Religion
Source: Wikimedia Common

Vibhishana, the younger brother of demon king of Lanka,‘Ravana’. He comes from a rakshasa family (demon family) but was a nobleman who advised Ravana to release Maa Sita, who was kidnapped. He insisted Ravana to return Sita to her husband, Lord Rama, but his advice was not entertained. Eventually, he left Lanka to join Rama’s army.

With his knowledge and support, Rama defeated Ravana and crowned Vibhishana as the King.

When Vibhishana became the king of Lanka, he ruled the country with peace and prosperity following the path of Dharma.

During the end of Rama avatar, Lord Vishnu directed Vibhishana to stay on earth and maintain and guide people to the path of dharma. Hence, he is counted to be one of the 8 immortals in Hindu religion.

Hanuman

Immortals in Hindu Religion
Source: Wikimedia Common

Pavanputra(Wind-God son) Hanuman was born to Anjana and Kesari.

According to ancient legends, Anjana and Kesari long devotions and prayers towards Shiva brought them to have Hanuman as their son. The story goes like while Anjana and Kesari were worshipping Shiva, the king Dasaratha of Ayodhya performing the ritual of Putrakama Yagna for the same reason.

On finishing the Yagna, Dasharatha received a sacred kheer to be shared by his three wives, Kausalya, Kaikeyi, and Sumitra. By the grace of God, a kite snatched a splinter of that kheer and it fell down while the kite was flying over the forest. Vayudev (Wind God) brought that splinter to Anjana, which she consumed and Hanuman was born as a result.

Hanuman is one of the major characters of Ramayana meets Lord Rama in the last year of latter’s 14 years exile. Hanuman helped Rama to defeat Lanka King Ravana, who kidnapped Rama’s wife Sita.

Hanuman is pictured as the devotee of Lord Rama and Maa Sita. The story follows during the last age of Rama, Hanuman was blessed with immortality.

Veda Vyasa

Immortals in Hindu Religion
Source: Wikimedia Common

Vyas, the author of legendary epic Mahabharata and the holy book Shrimad Bhagavatam is a great scholar and Hindu scriptwriter. He is among the 8 immortals in Hindu religion who is a prime example of knowledge and wisdom.

Many believe that Vyasa is Chiranjivins (immortals). A festival in India is dedicated to him, named Guru Purnima on account of his birthday.

Ashwatthama 

Immortals in Hindu Religion
Source: Wikimedia Common

Ashwatthama or Drauni, son of Guru Dronacharya, is a mighty Maharathi, who fought from the Kaurava side in the battle of Kurukshetra against Pandavas. He is among the eleven Rudras avatar and also one of the seven avatars of Chiranjivi.

Born as Chiranjivi, it is believed that he has a gem on his forehead which gives him the power to take control over all living beings except humans. It also protected him from thirst, hunger, and tiredness.

The tales say that during the Mahabharata war, on the night after the conquest of Duryodhana, Ashwatthama was terrified and twitchy. He made up a plan to attack Pandavas camp during the nightfall. With his desire, he affected a large part of Pandavas army by massacring them.

The next day when Lord Krishna and Arjuna came to know about it, they searched for Ashwathama. The fierce fight resumed again, with both Ashwatthama and arjuna drawing Brahmaastra at each other. Vyasa was aware of the power of it and asked them to revoke it.

Arjun learned the words of Vyasa and retract his Astra, while Ashwatthama diverted it towards the womb of Uttara, where the only lineage of Pandavas was living. Lord Krishna protected the baby from it but he cursed Aswastthama with 3000 years of sufferings.

He was asked to give away the gem on his forehead and he will be wandering around in the forest with puss and blood coming out of his body.

It is believed that he is one of the 8 immortals in Hindu religion and still there roving around with incurable diseases.

ALSO READ: Hollywood Celebrities Who Converted to Hinduism

Kripacharya

Immortals in Hindu Religion
Source: Wikimedia Common

Known as one of the most important characters in Indian epic Mahabharata, Kripacharya is the true embodiment of impartiality.  He is one among the immortals in Hindu religion and the boon was bestowed upon him by Lord Krishna. Kripacharya is placed even above Dronacharya in the list of Hindu immortals because of his virtues,

Kripacharya is placed even above Dronacharya in the conference of immortality because of his virtues, righteousness, and impartiality. It is because of his quality to remain calm in any stressful condition that he stands out from the rest of the immortals. As stated in Mahabharata, Kripacharya was also capable to manage 60,000 in

As stated in Mahabharata, Kripacharya was also capable to manage 60,000 in the battlefield.

– Prepared by Abhishek Biswas of NewsGram Twitter: @Writing_desire

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NRI Man accused of Rape charges for Cohabiting with her legally married wife in USA

Lakhs of Indian origin NRI men face immediate arrest on account of false complaints of heinous crimes by disgruntled wives

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NRI man charged under section 376 Rape
‘No Fault’ Divorce in the USA is not acceptable as per Hindu Marriage Act. Pixabay

Sep 14, 2017: The quandary of the outcast wives is evident in a country like India. NRI husbands have been known for leaving their wives in India and flying to abroad. These wives are being shunned by the society as well. While the problem is grim and sincere, some NRI husbands are also succumbing to the victimization of blackmailing from their wives. Such is the perplexity of the USA based Sachin Jain, who claims that he was erroneously accused of rape charges in India.

Newsgram contacted Sachin Jain for further inquiry into the matter.

According to him lakhs of NRI’s face immediate arrest on account of false complaints of heinous crimes by disgruntled wives.

In a unique case of its kind, an NRI, Sachin Jain who is residing in the USA for last 9 years, has been accused u/s 376 on charges of Cohabitation in the USA with his own legally married wife. A FIR u/s 376 (Rape) has been registered in this regard by the Delhi Police on the orders of Metropolitan Magistrate Chhavi Kapoor of Karkardooma Courts of Delhi. Under this case, the wife allegedly filed a complained in the Karkardooma District court claiming to have cohabited with the NRI man after ex parte divorce obtained in the USA. The couple that is still married as per applicable Indian Laws got a divorce decree from Superior Courts of New Jersey, USA on the grounds of ‘Irreconcilable Differences in marriage.’ This type of Divorce decree also known as ‘No Fault’ Divorce in USA and European Countries is granted by foreign courts without arguments and submission to the court by another party.

As per the Hindu Marriage Act, such tribunal is not functional in India and hence, the couple who got divorce decree in the USA are still legally married in India. The Divorce Decree granted by USA Courts on account of ‘Irreconcilable Differences in marriage’ is unrecognized in Hindu Marriage Act 1955 and section 13 of Civil Procedure Code. This has been iterated couple of times by various High Courts of India after the landmark judgment of Supreme Court in the case of Y. Narasimha Rao And Ors vs. Y. Venkata Lakshmi And Anr on 9 July 1991

As per section 44a of Civil Procedure Code 1908, India has reciprocal agreements with only 11 countries in the world which allow India and the other country to accept each other’s court judgments as it is. There is no reciprocal agreement in place between India and USA for accepting each other’s judgments. Due to no reciprocal agreements, India does not give any recognition to the judgments and decrees passed by the USA.

The Humble Metropolitan Magistrate of Delhi District court, without knowing this fact that the judgments provided by USA court can not be taken into cognizance, and the fact that couple is still married as per Indian Laws ordered the Delhi Police to register a FIR u/s 376 which gives unlimited power to Delhi Police to arrest the accused immediately, open Look Out Circular (LOC) against the accused, issue Red Corner Notice taking help of Interpol. This makes an innocent person terrorist and criminal jeopardizing his career, job, and life.

After a FIR u/s 376 is registered against an NRI, he is faced with another challenge of corruption, extortion, blackmailing in the name of this legal terrorism. The complainant wife and her lawyer start blackmailing the NRI husband asking for an exorbitant sum of money in crores to settle the matter out of court.

Sachin says, “I request to the Supreme Court of India, to create special courts for dealing with NRI related matters where expert judges with full knowledge of International Private Laws should take up the matter for hearing. The lower judiciary would also be saved from passing erroneous orders against applicable Indian laws”

He concluded, “Due to complex International Private Laws, the lower judiciary in India without full knowledge of applicable laws governing marriage and divorce in India sometimes commit grave errors and passes unbelievable orders jeopardizing the career and life of innocent NRIs living far away from their country of birth for livelihood.”


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