Académique Documents
Professionnel Documents
Culture Documents
Page 1 of 2
about substantive economic and social equality. This formal inequality has taken the forms of quotas
in public employment, higher education and the legislature. The unintended effects of this formal
inequality include a reinforcement of caste identities, and deepened and communal resentments.
Second, rather than instituting a uniform civil code, the India constitution recognizes several divergent
systems of religious personal law. Hindu, Muslim, Parsis and Christians in India are bound to
different codes pertaining to property and family law. This feature of the constitution in effects
amount to “a system of plural religious establishment.” This situation creates a number of problem for
a liberal state. Delegating responsibility for the content of the codes to the religious community makes
it harder to ensure sex equality, for instance. Because to give another example family property is
governed by the law of the religion to which one’s family belonged, one’s freedom to choose one’s
religion is inhibited. Additionally, Buddhists, Sikhs and Jains, who are legally classified as Hindus,
have no power to shape the Hindu system.
The disparities created by multiple systems of law inflame communal resentments. India need to
cultivate attachment to their pluralistic nations, but universally acceptable grounds for that attachment
are frustratingly elusive. To have the government promote a universal religion of humanity would not
succeed, and would probably do more harm than good.
Page 2 of 2