Recently, coming across a transcript of a cross examination in a matrimonial case being contested in a US Court, the progressiveness of India’s legal system was sharply highlighted. This is a case between an American Christian lady (wife) who married an Indian American Hindu (husband) according to Hindu rites. The disputes are pending and the husband was being cross examined by an American lawyer for the American Christian wife. While the husband took the oath on the Bible, the audacious American lawyer asked the husband that being a Hindu, he must not be believing in the Bible. It was obviously a ploy to discredit the witness and at least prejudice the Judge who was also an American Christian. What was shocking was that the judge allowed such question. The husband was taken aback. He protested by saying that the lawyer was trying to profile the witness, but still said meekly that he did believe in the Bible. He could not afford to be branded as having taken oath on something which he didn’t believe in.

The poor husband didn’t know that, in Hindu culture, one could actually respect all the religious books and you weren’t forced to choose one unlike the Christianity or Islam. One could actually practice any religion but still remain a Hindu. If he knew, he didn’t want to get into the debate, as according to the American law, he was paying even for wife’s lawyer’s unnecessary utterances. All the time, wife’s lawyer was wasting time, costing to this poor husband.

While reading this transcript, I felt that recently, because of fundamentalist approach of some sections among Hindus, this tolerant culture called Hinduism, which is not even a religion or a caste, is losing its sheen and its basics. It is thus incumbent upon us to teach our children that we, the Hindus, are a secular culture, tolerant and respectful to all and this culture has the capacity to imbibe and absorb teachings of all other cultures, religions and creeds effortlessly.

At the same time, I felt very proud of India’s legal system. India stopped using religious books for oath in our courts long ago. In fact in my 32 years of legal career, I have not come across any court using religious books for the said purpose. This shows the progressiveness of our legal system in actually embracing secularism.

The other reason I felt very proud of our legal system was that no courts in India would have allowed a lawyer to ask such a question, so deeply incensed in communal poison. Indian courts would have considered it as disrespect to both religions, to the witness as well as to the court. Even the objection could be of the nature of scandalisation. We often accuse our own system as not being sensitive to people, but this incident showed that we are at least more sensitive when it is about human emotions. This also showed that the greatest country of the world USA has few lessons to learn from us.

In today’s media dominated age, this kind of an incident would result in a public debate or even an outcry in India. This incident inspired immense confidence in our system and reassured me that we, the Indians, are on the correct path and that we should systematically weed out many other ills plaguing out systems and move ahead India stopped using religious books for oath in our courts long ago. In fact in my 32 years of legal career, I have not come across any court using religious books for the said purpose. This shows the progressiveness of India’s legal system in actually embracing secularism.