History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v5.c72.500

v5.c72.500

Recently after the attainment of Independence some of the Provincial Legislatures in India have passed laws (e g Bombay Act 35 of 1947, C. P. and Berar Act 41 of 1947) throwing open all Hindu public temples to people who were once called untouchable. This is not the place to discuss in detail the arguments for and against these measures. Many orthodox Hindus hold that their inmost feelings are hurt by this tyranny of the majority in the Legislatures. They feel that these measures are contrary to the four freedoms that are promised in many constitutions viz. freedom of speech, freedom of worship, freedom from want and freedom from fear. These measures are likely to be followed by serious consequences. It is felt that the younger generation now being educated has hardly any faith in religion or in anything being sacred, that the so-called untouchables themselves when once they have asserted their right of entering Hindu temples scarcely ever care to frequent them and the orthodox Hindus also often cease to worship therein. There is the further fear that, if religious feelings even when unreasonable according to progressive views could be trampled upon by the views of the majority, there is no knowing where the process would stop. There would be temptation for the majority in a country to say that the sacred places of other religions should either not exist at all or be opened for any one not belonging to the faith of the minorities. It would have been far better that, while removing all the disabilities of the so-called untouchables as to employment, public places, courts and education, temples had been left alone for some years to come. The entrance of one set of people into the temples often entails the departure of another set, as said by P. C. in *Saklat v. Bella* 28 Bom. L R 161, which is not a very desirable thing. The equality of the former untouchables in all secular matters is sure to spread in a generation or so to other non-secular matters and so to entry into temples. Adjustments on an unprecedented scale are taking place in modern India with regard to usages cherished for ages and the entry into temples of the so-called untouchables would have been effected in a few years without recourse to the threat of punishments and without bitterness and rancour in the hearts of many people.