In India, Secularism has been a hot topic of debate and discussion. As a country known for its diverse cultural, religious and linguistic fabric, the idea of secularism plays a crucial role in ensuring harmony, equality and upholding the principles of freedom of religion for its citizens. However, the question came into the mind that, as to whether secularism is a necessary aspect of Indian society or if it has been imposed upon the nation. This essay explores the idea of secularism in the Indian context and analyse whether it is a vital need or a forced imposition.
Historical Context
In India, the history of Secularism is long and illustrious. The culture of India is based on blending of various spirituals traditions as well as social movements.
The great ruler Ashoka was the first emperor to pronounce that the state would not persecute any religious denomination. He urged people to adopt a spirit of profound respect for all religious factions in addition to tolerating them in his 12th Rock Edict.
The struggle for religious tolerance and cohabitation of numerous religious ongoing despite the arrival of the Jainism, Buddhism, and later Islam as well as Christianity on Indian Territory.
The Bhakti movement and Sufi in medieval period, restored the secularism in India. They used love and peace to bring individuals from different communities together. They also spread the positive secularism such as tolerance, universalism as well as harmony in the society.
In British Raj, the secularism was bolstered through the freedom movement of India. The British pursued the divide and rule policy which contributed to communal disorder between different communities. They were also provided separate electorates for the Muslim, which further extended the principle of communal representation.
But in the year 1885, the Indian National Congress was formed with secular values helped to unite people from all sects.
Secularism in Indian Constitution
By 42nd Amendment Act of 1976, the term ‘secular’ was added in the Preamble of India. Indian constitution views secularism as positive philosophy which means that government is separate from the religion and treating or respecting all religion equally without favouring or patronising anyone.
There are some constitutional provisions that enlarge the concept of secularism:
- Article 14 provides equality before law and equal protection of law to all.
- Article 15 provides that there will be no discrimination on the grounds of race, religion, sex, caste, or place of birth.
- Article 16 (1) provides, equality of opportunity to all citizens in respect of public employment and it forbids any discrimination based on sex, religion, caste, descent, birthplace, and residence.
- Article 25 provides, the freedom of religion, which includes the freedom to profess, practice, and propagate any religion.
- Article 26 recognizes the right of religious denominations or sections thereof to manage their own affairs in matters of religion.
- Article 27 prohibits the imposition of religious taxes for promoting or maintaining any religion.
- Article 28 entitled the educational institutions run by different religious groups to impart religious instruction.
- Article 29 and 30 protects the cultural and educational rights of minorities.
The Hon’ble Supreme Court of India ruled in Kesavananda Bharati v. State of Kerala (1973)[1], that secularism is an essential part of the basic structure of the Indian Constitution which means, it cannot be amended or altered by the Parliament.
In the case of S.R Bommai v. Union of India (1994)[2], the Hon’ble Supreme Court of India held that state should treats or respect all religions equally and religious denomination. Religion cannot be mixed with secular activities as it is a matter of individual faith or belief. An anti-secular government cannot be said to be government according to the provisions of the constitution.
Importance of Secularism in India
In Indian context secularism is an imperative for various reasons. These are as follows:
- Secularism emphasizes that all citizens irrespective of their religions should be treated equally by the State. Therefore, secularism promotes equality and social justice.
- Secularism plays a vital role in maintaining social or communal harmony. India is land of great religious diversity such as Hindus, Muslim, Christians, Sikhs, Buddhists, and others. By emphasizing the principles of coexistence and mutual understanding, secularism discourages religious animosity, extremism as well as communal tensions.
- By preventing the dominance of any religion, Secularism safeguards democratic principles, pluralism, and the rights of all citizens to be heard and represented.
- Secularism lets individuals to choose their faith or have number of religious affiliations, safeguarding their right to follow their own personal convictions. Therefore, secularism promotes individual freedom of conscience and belief.
- Secularism makes sure that the power of the State is separated from religion. This promotes the equality and safeguards minority communities from any form of oppression or marginalization. It also acts as a safeguard against religious discrimination.
Threats to Secularism
Constitutionally India is a secular country. However, there are certain factors which are responsible for shaping the non-secular Indian society.
- In India, vote bank politics is the leading factor of communal dispute, the profit seeking politicians constantly use communal disharmony in order to get power.
- Communal forces under the society such as extremist religious organizations play a vital role in perpetuating communal violence. Many times, these communal forces seek to establish a dominant position for their own religious community. This undermining the principle of equality and pluralism.
- There have been inadequate implementation or inconsistencies in the application laws and policies can create a perception of bias or favouritism.
- Religious orthodoxy is another threat to secularism as it creating communal riots. Establishment of Ram temple and demolition of Babri Masjid is the one of the examples of religious orthodoxy.
Apart from above mentioned factors, there are some others which violates the norms of secularism such as provocative speeches by the cunning politicians, defective educational system and many more.
Brief Observation on Some Current Incidents
- The enactment of Citizenship (Amendment) Act, 2019 (CAA), is the one of the incidents which put questions on secular character of India. This act excludes the Muslim community from inclusion in the National Registrar of Citizenship (NRC), who migrated from neighbouring countries before 31st December in the year 2014. This law is still not implemented. But it violates the right to equality which is enriched under Article 14 of the Indian Constitution.
- The enactment of law on inter-religious marriage or conversions terming it as ‘love jihad’ and linking it to one religious community had been brought by the 11 States. These States are Karnataka, Uttar Pradesh, Gujarat, Chhattisgarh, Odisha, Madhya Pradesh, Arunachal Pradesh, Uttarakhand, and Jharkhand. Some of these enactments have also been challenged in the courts.
Conclusion
Secularism in Indian context is of great importance. The preamble itself declares India as a secular state and the Supreme Court has also held it to be the basic structure of the constitution. One may call it imposed but at the same time it cannot be denied that for proper functioning of our society which is so diverse and is home to many religions, the idea of secularism is of utmost importance. Especially at the present times when the country is witnessing so many issues between minorities and majorities, the idea of secularism needed to be addressed more effectively to promote equality and harmony.
[1] Writ Petition (civil) 135 of 1970
[2] 1994 AIR 1918, 1994 SCC (3) 1
Author: Sumit Kumar Verma, a 5th Year Student of B.A.LL.B (Hons.) at Jagran Lakecity University
