INDIA IS A SECULAR STATE! - (Blog)


“What’s good for the goose is good for the gander.” In the Context of Secularism, what is good for Muslim, Christian, and Sikh is good for the Hindu.

What is meant by Secularism?

Secularism means independent of religion. In other words we can also say that anyone can choose to practice or not to practice any religion they want, in this Government cannot force them to do so and have no right to impose one particular religion. The main feature of Secular state or Secularism is that it looks on all religion on equal footing, there is freedom of workshop and accepts freedom of religion that encourages rational thinking with all citizens with equal rights. The term “Secularism” is coined by British reformer ‘George Jacob Holyoake’ and it is invented to describe his view of  promoting a social order separate from religion without actively dismissing or criticizing religious belief and the opposite of this term is ‘Theocracy’ which means Priest of one religion are the ruler or king of that particular country. The western concept of Secularism means separation of religious institutions from the institutions of the state and freedom of conscience for all individuals, circumscribed only by the respect of the rights of other individuals with no discrimination by the state against individual on the basis of their benefits.

Ideological Contest in India: In this there are two proper sets i.e. 1. Multiculturalists view of Gandhi, Nehru and Tagore 2. Particularistic view of Hindu right-wing to state the relation between state and religion

1.      Multiculturalist’s view of Gandhi, Nehru and Tagore: In this Gandhi gave the concept “Sarva Dharma Sama Bhava” in which equality of religion is the prime objective. His belief was based on two things i.e. India is a deeply religious society as religion play a role in public life, person religion is also important what he/ she choose. While Nehru in this context had different opinion as Dharma Nirpeksha, religion should become a private matter and should not play a role in guiding public life.

2.      Particularistic view of Hindu right-wing: There is a difference between Indian and Western society i.e. latter is capable of individuation. India should be found on a vivid sense of common identity and this common identity can only come from religion.

Constitution provisions: By the 42nd amendment, 1976 the word “secular” was inserted in the preamble of the Constitution of India. It hereby means that equal treatment of all religion by the state and do not recognize any religion as a State Religion as it provide religious freedom.

 Indian constitution is Supreme Lex it means supreme law of the land, this document is created by the constituent assembly of India because each and every word of constitution is debated and inserted in Indian constitution. The constituent assembly of India inserted freedom of religion to all but stated that such freedom is not absolute as it is bound under reasonable restrictions. Article 25 to 28 of the Constitution gives guarantee to every person through freedom of conscience and the right to profess, practice and propagate religion. Now it is a fundamental right guaranteed to all the Citizens in most of the democratic countries throughout the world and these countries include India as it is mentioned in preamble also.  If there is a violation of fundamental Rights of citizens then they can knock the doors of Supreme Court and High courts under Article 32 and 226 respectively.

 Case Law:  Supreme Court reiterated an earlier ruling in the case of S.R. Bommai v. Union of India, 1993, that Secularism is a part of basic structure of the constitution and therefore cannot be amended. Secularism is derived from the cultural principle of tolerance and ensures equality to all religions which depicts a true picture of preamble. The court reduplicates Nehru’s opinion that no religion will be at risk in a secular India, because the government will not be confined to religion.

How secularism played out in India Democracy in the field of personal laws?

Article 25 gives government to intervene equally in all religions in pursuits of social reform. But Govt. intervention proved to be selective, as Hindu laws were reformed but not Muslim laws. If secularism is equality of all religions then minority rights and retention of personal law is a violation.

Conclusion: Secularism per se has little to do with inequality or injustice within religious group. Secularism has been presented as the opposite of communalism and theocratic states. The challenge to secularism has come from personal faith or religion and belief, but from religious group that struggle for power and domination and that protection towards our economy has also arised.

 - Simran

Mody University of Science and Technology.

 

 


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