This article is written by George Philip, a Second Year LL.B student of Nari Gursahani Law College, Mumbai
There are many religions in the world, each having its own cultural identity, set of beliefs and distinct religious practices. Hinduism, Islam, Christianity, Jainism, Buddhism, Sikhism, Zion / Jew, Parsi, and Atheism are some of the major religions of the World. Keeping in mind, such a variety of religious identities, it was pertinent to frame laws which bar discrimination based on religion. The United Nation’s Universal Declaration of Human Rights (UDHR) signed by the member countries of the United Nation on 10th December 1948 declared the Right to Freedom of Religion as a Human Right.
The term Secularism was coined by George Jacob Holyoake in 1851.. Ina secular state, all religions are given equal status. In a theocratic state like the Islamic Republic of Iran, there is an official religion and some of the practises of the religion is binding on all citizens. Secular states in the contrary, provides liberty to the citizens to believe what they want to, to wear as per individual’s choices, and follow their own customs and practises.
History of Secularism in India:
The concept of Secularism is very old in India. Right from the holistic approach of the Vedas towards the various beliefs present among the masses, the Indian Civilization accepted all religious beliefs. King Ashoka in 3rf century B.C. proclaimed that his government will not prosecute anyone based on religion. Ashoka in his Rock Edicts asked his subjects to accept all religions, understand each other’s scripture and follow the path of Dhamma or Righteousness. Mughal Emperor Akbar married wives from different religions and laid the foundation for inter-religious debates to promote harmony. Freedom Fighters and Constituent Assembly Members were also promoting the idea of a religious-neutral India.
Constitutional Provisions:
- The Preamble to the Constitution of India assures every citizen the Liberty of Thought, Belief, Expression, Faith and Worship.
- By the Fourty Second Constitutional Amendment Act of 1972, the term Secularism was added to the Preamble. By this, the Constitution ensures that the State will not have any religion. Secularism also means that the Government will treat all religions equally,
- Article 25 of the Indian Constitution guarantees everyone the Right to Freedom of Conscience and the Right to freely profess, practise and propagate religion subject to Public Order, Morality and Health.
- Article 26 empowers religious institutions to manage and administer educational institutions and to administer religious instructions.
- Citizens also have the right to not pay any tax for religious purposes .
- The Supreme Court in Kesavananda Bharati v. The State of Kerala held that Secularism is the Basic Structure of the Indian Constitution.
- Supreme Court clarified that the word ‘propagate’ does not mean conversion by any means.
- The Court also clarified that the term Secularism in the Preamble does not mean that the State has to be hostile towards religion, but it has to be religious-neutral.
Differences between the Indian Model of Secularism and the Western Model of Secularism
Western Countries including the US follow:
- A Strict Separation
- State and Religion are Mutually Exclusive
- They consider Religion as a Private Matter
- There is a difference between the US and French systems of Secularism.
- The US protects Religion from the interference of the State
- France protects the State from the interference of Religion. A recent law passed by France bans any form of clothing which displays religious symbols in schools. There are issues prevalent even today due to restrictions on religious symbols such as Turban and Burqa in Public Schools, Burqa’s in Public Places, et.al.
- In Turkey, Kemal Attaturk adopted the Western model of Secularism. He abolished the Caliphate, which led to worldwide protests worldwide, including in India.
In contrast in India:
- State maintains a Principled distance between all religions.
- India focuses on both intra-religious equality and inter-religious equality.
- State does interfere in matters of religion when needed. We can note this through the following examples:
- Untouchability was banned through Article 17 of the Constitution of India and The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Courts in India in many cases have held that the State can interfere in those religious practices which are not considered Essential Religious Practices. The Essential Religious Practices of a Religion is decided by the High Court and Supreme Court by considering the Religious Manuals and the opinion of Religious Scholars.
Issues plaguing Communal Harmony:
Communal Tensions are a major threat to Indian Democracy and its secular fabric. The Babri Masjid Demolition and associated riots, the Godhra Riots of 2002 are some of the black moments in Indian History.
Apart from this, fringe groups present in the religious communities vitiate the peaceful atmosphere in the country. Hate Speech, Hate Social Media forwards have led to communal disharmony today.
Conversion through Allurement and Force has also become a major issue, especially in the North Eastern parts of the country. States like Madhya Pradesh and Karnataka have brought Anti Conversion Bill to stop the menace.
The recent Karnataka Government ban on Hijab in schools has raised eyebrows about the secularism of the country. The Freedom of Individual Choice and Religion has been violated by the passing of this rule. Many girls belonging to the Muslim religion were forced out of school due to the same reason.
Seeking Votes in the name of religion is another threat to Indian Democracy. Though the law bans political parties from seeking votes on grounds of religion, almost all Political Parties invoke Religion to garner public support.
Multiple Civil Laws – A blot on the Right to Religion?
We have a single criminal code for the entire nation irrespective of caste, religion, language or region. However, it’s not the same for Personal Laws like Marriage, Divorce, Adoption and Guardianship.
Hindus, including Jains, Buddhists and Sikhs have a set of laws that are mostly codified. Muslims have another set of laws most of which haven’t been codified yet. Christians have laws enacted by the British. Parsis have the Parsi Marriage and Divorce Act.
The differences in laws have led to gender inequality and bias towards some communities. Article 44 of the Constitution of India envisages a Uniform Civil Code for the territory of India. As this is a part of Directive Principles of State Policy, it is not justiciable. However, to truly be a secular country, Uniform Civil Code is a must. Recently, the Uttarakhand Government has set up a Commission to study the same.
Current Efforts to be in Religious Harmony:
- To propagate the idea of oneness and religious tolerance, educational institutions conduct programmes during religious festivals and promote unity through art forms like Posters, Secular Songs. Moral Science classes are also conducted to imbibe the spirit of unity and patriotism.
- Cultural Festivals are organized to create awareness about the diversity of this country and to spread the values propagated by every religion.
- There are annual meetings held by religious leaders of all major communities discussing the ways and means to promote peace.
Suggested Reforms:
- Uniform Civil Code is the first step towards achieving Secularism.
- The Information Technology Act, 2000 must be amended to punish the hate message creators and spreaders.
- The frequency of Inter-Religious Meetings must be increased.
India is known for Unity in Diversity. Spirit of Brotherhood among citizens is a key to the economic development of the Country. Former Prime Minister Shri Atal Bihari Vajpayee once rightly said, “If India is not secular, then India is not India at all.”
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