The recent SC judgement on the “essential ceremonies” to declare a marriage valid is disturbing and problematic. It shows a profound ignorance of the nature of Indian traditions. Religions, in the proper Abrahamic sense, have doctrines with clearly defined essentials and non-essentials. In Indian traditions, which are strictly not religions, no one knows the doctrinal core that has multiple texts, philosophies, and teachers. In deciding the sanctity of rituals, our courts have taken on the role of past Christian churches in assessing pagan rituals.
In the past, both colonials and missionaries debated the “truly religious,” “secular,” and “idolatrous” (or false) components of pagan practices. It was necessary to condemn and reject the latter. Abrahamic frameworks informed their understanding. In post-colonial India, the judges now talk about the essential and non-essential aspects of Hindu practices, unchanged in their understanding. There is no attempt to involve traditional scholars in correcting any faulty understandings. Although the colonials left long ago, our courts continue to perpetuate theological ideas from the past, and the citizens grant the person of the judge supreme power.
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