“Western dictionaries
define secularism as absence of religion but Indian secularism does not mean
irreligiousness. It means profusion of religions.” -Shashi Tharoor
Secularism-Definition:
Secularism or Secular State means “A State, which does
not recognize any religion as State religion, but treats all religions
equally”. Secularism is the principle of the separation of government
institutions and persons mandated to
represent the state from religious institutions and religious dignitaries. Secularism means asserting the right of the people to
be free from religious rule and teachings, or residing in a state declared to
be neutral on matters of belief, from the imposition by government of religion
or religious practices upon its people. Another feature of secularism is
that the public activities and decisions, especially political ones, should be uninfluenced by religious beliefs
and/or practices.
According to Webster’s dictionary the word ‘secularism’
means a sprit or tendency especially a system of political or social philosophy
that rejects all forms of religious faiths or worship or the view that the
matters of civil policy should be conducted without the influence of religious
beliefs:
Oxford Dictionary defines the word ‘secular’ as concerned
with the affairs of this world, worldly not sacred, not monastic, not
ecclesiastical.
In the words of Asgar Ali Engineer, Secularism means
liberation of politics from the hegemony of religion.
The term "secularism" was first used by
the British writer George Jacob Holyoake in
1851. According to Holyoake "secularism" means promoting a social
order separate from religion, without actively dismissing or criticizing
religious belief.
Secularism in India:
In the West, the word secular implies three things:
freedom of religion, equal citizenship to each citizen regardless of his or her
religion, and the separation of religion and state. Everyone is equal under
law, and subject to the same laws irrespective of his or her religion, in the
West.
Secularism in India means equal treatment of all
religions by the state. Secularism in India does not mean separation of
religion from state. Instead, secularism in India means a state that is neutral
to all religious groups. India does not have an official state religion. The people of India have freedom of religion, and the
state treats all individuals as equal citizens regardless of their religion. In
India the laws implicitly require the state and its institutions to recognize
and accept all religions, enforce religious laws instead of parliamentary laws,
and respect pluralism.
Secularism – Constitutional Provisions In India:
Recently the BJP led NDA Government conducted a two-day
debate to commemorate the adoption of the Constitution in the Constitute Assembly
on Nov, 26th 1949. Union Home Minister Raj Nath Singh questioned the manner in
which secularism is being used in contemporary discourse; Congress President
Sonia Gandhi argued that the principles enshrined in the Constitution were
under deliberate attack. It is true that the Constitution originally had no
reference to secularism, and the word was introduced only in 1976. Yet in terms
of the emphasis it gave to religious freedom, freedom of conscience, equality
and non-discrimination, the constitution was indeed imbued with the secular
spirit, the 42nd Amendment merely made it explicit.
Secular means the relationship between the government and
the people which is determined according to constitution and law. Secularism is
the basic structure of the Indian constitution. The Government respects all
religions. It does not uplift or degrade any particular religion. There is no
such thing as a state religion for India. In S.R. Bommai vs UOI (1994) The SC
of India held "A state which does not recognize any religion as the state
religion, it treats all religions equally". Positively, Indian secularism
guarantees equal freedom to all religion. it stands for the right to freedom of
religion for all citizens. Explaining the meaning of secularism as adopted by
India, Alexander Owics has written, "Secularism is a part of the
basic of the Indian Constitution and it means equal freedom and respect for all
religions."
Preamble:
It is true that the word ‘secular’ did not first occur
either in Article 25 or 26 or in any other Article or Preamble of the Constitution.
By the Constitution (42nd Amendment) Act, 1976, the Preamble was amended and
for the words ‘Sovereign Democratic Republic’ the words ‘Sovereign, socialist,
secular, Democratic Republic’ were substituted. The Constitution declares India
to be a sovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality,
and liberty, and endeavors to promote fraternity among them. .With the 42nd Amendment of the Constitution of India ,
the Preamble to the Constitution asserted that India is a secular nation.
Various provisions of Indian Constitution contemplate the
secular nature of India. Article 14,15,16,17 along with Article 25-28 and 44
sufficiently provides intention of the framers of the Constitution.
Constitutional Provisions:
1.No discrimination on the basis of religion-
Art. 14 grants equality before law and equal protection
of law and provide that the State shall not discriminate against any person on
the ground of religion.
Art. 15- Article 15(1) provides that the State shall not
discriminate against any citizen on grounds only of religion, race, caste, sex,
place of birth or any of them.
Article 15(2) provides that “no citizen on the ground only
of religion, race, caste, sex, place of birth or any of them………….” thus,
Article 15 promotes the notion of Secularism.
Article 16 prohibits discrimination on the ground
religion in public employment.
Article 17 prohibits untouchability and provides bedrock
of secularism.
2. No State Religion:
There shall be no ‘state religion’ in India. The state
will neither establish a religion of its own nor confer any special patronage
upon any particular religion.
It follows from that:
1. The state will not compel any citizen to pay any tax
for the promotion or maintenance of any particular religion or religious
institution (Article 27).
2. No religious instruction shall be provided in any
educational institution wholly run by state funds.
3. Even though religious instruction is imparted in
educational institutions recognized by state or receiving aid from the state,
no person at lending such institution shall be compelled to receive that
religious instruction without the consent of himself or of his guardian. In short,
while religious instruction is totally banned in state-owned educational
institutions, in other denominational institutions it is not totally prohibited
but it must not be imposed upon people of other religions without their consent
(Article 28).
3. Freedom of Conscience:
Every person is guaranteed the freedom of conscience and
the freedom to profess, practice and propagate his own religion-Article 25
4. Freedom to Manage Religious Affairs:
Every religious groups or denominations has the right to
To
establish and maintain institutions for religious and charitable purposes.
To
manage its own affairs in matters of religion.
To own
and acquire movable and immovable property; and
To
administer such property in accordance with law-Article 26
5. Cultural and Educational Rights: Under Article 29 and 30 certain cultural and
educational rights are guaranteed.
Article 29 guarantees the right cf any section of the
citizens residing in any part of the country having a distinct language, script
or culture of its own and to conserve the same
Article 30 provides that all minorities, whether based on
religion or language, shall have the right to establish and administer
educational institutions of their choice”.
Most Important components of secularism in Indian
Constitution are as under :
Samantha (equality) is incorporated in article 14;
Prohibition against discrimination on the ground of
religion, caste, etc. is incorporated in articles 15 and 16;
Freedom of speech and expression and all other important
freedoms of all the citizens are conferred under article 19 and 21;
Right to practice religion is conferred under articles 25
and 28;
Fundamental duty of the state to exact uniform civil laws
treating all the citizens as equal, is imposed by Article 44;
Sentiment of majority of the people towards the cow and
against its slaughter was incorporated in articles 48.
Sarva Dharma Sambha
Supreme Court of India observed in the case of Aruna
Roy v. UOI[30] when it said Indian secularism means “Sarva
Dharma Sambhav” and not “Sarva Dharma abhav” meaning “equal feeling for all
religions” and not “no feeling for any religion”.
Legal position of Secularism in India
Although the term secularism was not in the original text
of the Constitution, secularism was a subject of animated discussion when the
Constituent Assembly looks up for consideration the provisions dealing with the
freedom of religion.
Explaining the secular character of the Indian
Constitution the Supreme Court observed: “There is no mysticism in the secular
character of the state. Secularism is neither anti-God nor pro-God; it treats
alike the devout, the agnostic and the atheist. It eliminates God from the
matter of the state and ensures no one shall be discriminated against on the
ground of religion. Justice Reddy said that the constitutional commitment to
secularism is to a great extent a commitment to the pursuit of ‘Social Justice’
and ‘Equality of Status and Opportunity.’
In Bommai case the Supreme Court declared it as the
“basic feature” of the Constitution. The Apex Court has declared secularism as
the basic feature of the Indian Constitution in the landmark case
of Kesavananda v. State of Kerala. This view was crystallize
in S.R. Bommai v. Union of India (1994) and thus made
unamendable.
Secularism is a
cardinal principle enshrined in the preamble and body of the Indian
Constitution, adopted as a key feature and the cornerstone of the strategy of
nation-building. Any step inconsistent with the constitutional policy is, in
plain words, unconstitutional
Theory and Practice of Secularism in India
When Jawaharlal Nehru framed the objective Resolution of
the Constitutor secularism figured as an important aspect of Constitution.
Nehru associated secularism with modernity and considered sentiments based on
caste and religion as backward and a belief from the past. He felt that
religious tolerance, an essential aspect of secularism was a characteristic of
Indian culture. Nehru described secularism as
“an act of faith” in India’s future.
According to Nehru, A secular state, therefore, is not an
anti-religious state but a state without a religion. It involves the concept of
religious freedom for all faiths living within the state. Secularism is not
only a characteristic of the state but involves the concept of religious
co-existence and the concept of equal citizenship rights It also characterizes
an attitude of mind which must be shared by the minority and majority religious
communities living within the state.
Secularism as practiced in India, with its marked
differences with Western practice of secularism, is always a controversial
topic in India. Secularism is one of the major instruments for building a modern
polity. It is one of the fundamental values of our national life, emphasized by
the national movement and the Founding Fathers of the Republic. Secularism
introduces science and rationalism in the society and forms the basis of a
modern State. In 1976 the concept of secularism was apparently adopted as
India’s path to political modernity and national integration
Secularism has to play a decisive role at present stage
of Indian democracy. It is so because today when the Indian democracy seems to
face the challenge of narrow divisive trends and tendencies. A rational and
scientific approach which is the basis of secularism has become a matter of
utmost importance. Communal disturbances which have distinguished the public
life in the recent past, as well the birth and growth of narrow and divisive
trends and obscurantist theories are mainly the result of ignorance can be
fought not by legislation alone, nor by a negative fiat alone, but by education
only. Secularism is India's national ideal, recognized as the only way to unify
a diverse nation.
Reference:
· Wikipedia
· Indian Constitution
· HKHSOU-Study Material
· Secularism in the Indian Context – S.Banerji
· Legal Services india.Com
· Legal desire.com
