This article is written by MS SHAHEEN HIRANI, a 4th year student of Keshav Memorial College of Law.
India is a diverse place of various culture, religion, ethnicity and different social aspects. To look after a vast country like India where people living diversely it’s of a national importance to have an illustrated feature of the constitution where all the religion is equally respected and secured and treated justly in personal or internal matters of every religion and this is when SECULARISM comes into a bigger picture.
SECULARISM, means separation of religion from political, social and cultural aspect of life, religion being treated as a purely personal matter. Secularism means separate, from religion or having no religious basis. Religion is open to one and all and is given as a personal choice to an individual without any different treatment to other. Secularism is a methodology or doctrine where every religion is given equal status, recognition and the support from the respective state also it’s a doctrine which enhances the separation the state from all the religions. It includes the concept of no discrimination and biasness on grounds of religion and equal opportunities to follow all religion.
India is sovereign, socialist, secular, democratic, republic system of govt as enshrined in preamble of the constitution. Article 25-28, of constitution of India guarantees to every individual the freedom of conscience and the right to profess, practice and propagate religion.
CONSTITUTIONAL PROVISIONS
The concept of “Secularism” is found under several articles of the Constitution of India, and those are:
The 42nd constitutional amendment act of 1976 added ‘secular’ in preamble of constitution representing India as a secular state.
The provision made in preamble make sure that India is secular and promotes no single religion and has no state religion. State must consider and accept all religions, shouldn’t be biased to any individual religion, shouldn’t support or favour any particular religion as state religion.
Article 14, guarantees equal before law and equal protection of law to all. All persons are equal before the law.
Article 15, prohibits discrimination on grounds of religion, caste, class, creed, race, sex etc. A person being citizen of India cannot be discriminated and access to public services like shops, hotels, wells, roads shouldn’t be denied.
Article 16(1), ensures employment opportunities to all citizen irrespective of caste, religion, sex, creed, class etc.
Article 25, ensures all person has the freedom to choose the religion they want to practice. Every individual has the right to profess, practice and propagate any religion of their choice.
Article 26, of constitution explains all religion can maintain institutions for religious or charitable purpose to manage its own religious affairs. An individual can own and acquire both movable and immovable property. It basically guarantees the rights of religion denominations.
Article 27, States will not compel any person to pay taxes for those denominations especially designed for religious activities.
Article 28, empowers educational institutions to be maintained by one’s religious group to impart with religious instructions. It forbids teaching of religion in any educational institutions partial towards a particular religion.
Article 29-30, guarantees certain cultural and educational rights to minorities. There shall be no discrimination among citizens on the grounds of religion, race, caste, creed, language any of them. It also explains all religious or linguistic minorities shall have the right to establish and administer educational institutions of their choice in article 29, 30 respectively.
Article 44, explains Uniform Civil Code. The aim of this code is to administer all people with same set of secular civil laws irrespective of any social discrimination. It is based on constitutional obligation to ensure justice and equality for all citizens. It also explains about the uniform criminal code and is applied to all citizens regardless of any religion, caste, class etc.
Article 51A, explains the fundamental duties. It is the duty of every citizen to promote peace and harmony, also to promote common brotherhood amongst all the people of India irrespective of any religion, class, linguistic or regional parameters. Fundamental duties must uphold the sovereignty, unity and integrity of India and to value and preserve rich culture and heritage.
PRINCIPLES OR PHILOSOPHY OF INDIAN SECULARISM
The Indian secularism is dependent on the principle of ‘Sarva Dharma Sambhava’ that means the destination of all the religions are same though the path themselves are different, it means all the religions are equal. India don’t have an official religion or not owe any allegiance to a particular religion. The practices of personal laws are applicable in the case of marriage, divorce, adoption, deaths and varies within the individuals. There is a sense of neutrality of all the religions as neither the state nor the individuals interfere in the matters of other religion. As the Fundamental rights describe about the right to practice one’s religion, it has communal harmony and one abides and performs all the duties of the religion without any hinderance. The religious plurality where it achieved the p major goal of the Indian secularism is to show the peaceful co-existence of different religions.
NEED OF SECULARISM IN INDIA
Secularism has no other way than existing in a multi-cultural nation like India, therefore Indian constitution adopted secularism. People of different languages and religion resides in India and thus secularism is required to keep all the group together. As the Fundamental right grants Right to freedom of religion it was necessary and is important to accept secularism here in India. Although having unity in diversity, minorities suffer injustice, oppression etc. Spirit of nationality cannot be created and so it is necessary for the existence of secularism within the people of India to have the feeling of nationalism and brotherhood.
India adopted the concept of secular state, religion has been politicised. Religious institutions are used for voting politics. Secularism is literally failing in increasing communalism. Communalism is one of an anti-democratic threat ruining the very basis of secularism and nationalism.
. INDRA VS RAJNARAYAN, 1975 AIR S.C 2299
The hon’ble Supreme court, in this case explained what secularism actually means, state shall have no religion of its own and all persons of country shall be equally entitled to have the right to freely profess, practice and propagate any religion.
. S.R. BOMMAI VS UNION OF INDIA, 1994 AIR S.C 1981
Here the Supreme Court dismissed 4 state governments which were ruled by BJP, on the grounds of religion conduct. State must not have only one religion and should be neutral as between religion. No political party which comes to power cannot favour over a religion and make it a secondary asset for their mean.
. BAL PATIL AND ANR VS UNION OF INDIA
Supreme Court ruled that state has no religion and state has to treat all religions and religious people equally and with equal respect without in any matter interfering with their individual rights of religion, faith and worship.
Secularism helps to bring the communal peace and the brotherly harmony between two different individuals which in long terms help in achieving the whole national goal. It brings out the ethical purpose of the individual living in the state.
REFERENCES
1.Constitutional law of India – J.N. PANDEY
2.Religion and society- DR RADHAKRISHNAN
3.Constitution of India
4.ipleaders.com
5.lawyersclubIndia.com
6.researchgate.net.
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