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Secularism

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“Secularism does not mean that we are against religion. It means that we are against any religion being the basis for our politics.”

 – Jawaharlal Nehru

Secularism is a socio-political principle that advocates the separation of religion from the affairs of the state and ensures that individuals have the freedom to practice their faith without state interference or favouritism. It is based on the values of equality, freedom, and fraternity, promoting a society where religion does not dictate governance and public policies.

In a diverse and pluralistic country like India, secularism is crucial for maintaining social harmony, protecting the rights of various religious communities, and ensuring inclusive development.

Secularism in the Constitution of India

India’s secularism is enshrined in its Constitution, ensuring equal treatment of all religions by the state and the freedom of individuals to practice, profess, and propagate any religion. The Indian model of secularism is based on the principle of maintaining a “positive neutrality” by the state while allowing for religious freedom and cultural coexistence.

1. Preamble of the Constitution: It ensures liberty of belief, faith, and worship for all citizens and promotes unity and fraternity among them. The Preamble, through the 42nd Amendment (1976), explicitly declares India as a “secular” state.

2. Fundamental Rights (Part III) uphold and promote secularism through the following rights:

  1. Article 14: Guarantees equality before the law and equal protection of the laws, preventing discrimination based on religion.
  2. Article 15: Prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.
  3. Article 16: Ensures equality of opportunity in public employment and prohibits religious discrimination in state employment.
  4. Article 25: Guarantees freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, and health.
  5. Article 26: Grants religious denominations the right to manage their own affairs in matters of religion, establish institutions, and own property.
  6. Article 27: Prohibits the state from compelling any person to pay taxes for the promotion or maintenance of any particular religion.
  7. Article 28: Prohibits religious instruction in educational institutions wholly maintained by state funds, ensuring secular education.

3. Directive Principles of State Policy (Part IV)

  1. Article 44: Advocates for a Uniform Civil Code (UCC) to unify personal laws across religions while respecting diversity.
  2. Article 46: Directs the state to promote the educational and economic interests of weaker sections, including religious minorities.
  3. Article 51A (e) and (h): Under Fundamental Duties, citizens are expected to promote harmony and the spirit of common brotherhood transcending religious differences.

4. The judiciary has upheld the secular nature of the Constitution in various landmark cases:

  • Kesavananda Bharati Case (1973): Defined secularism as a basic feature of the Constitution.
  • S.R. Bommai vs. Union of India (1994): Affirmed secularism as the basic structure.

Types of Secularism

Secularism can take different forms depending on how a state or society approaches the relationship between religion and governance. The types of secularism vary based on the level of separation between religion and the state, the role of religion in public life, and the state’s stance towards religious institutions.

Based on these factors Rajeev Bhargava, a prominent Indian political theorist, made a distinction between two types of secularism.

  1. Positive Secularism
  2. Negative Secularism

Negative Secularism

Negative secularism denotes a strict separation of religion from the state. That is, the state is negated from the personal spheres of humans, and religion cannot interfere in the matters of the state.

The state is expected to be completely neutral and non-interfering, treating religion as a purely private matter. This often results in the prohibition of religious symbols in public institutions and no involvement of the state in religious affairs.

It is practised in Western countries like France and the United States.

However, the Indian model of secularism differs from the Western concept, as it does not advocate the complete exclusion of religion from public life but rather “equal treatment of all religions” without any bias.

Positive Secularism

Positive secularism refers to the model where religion cannot interfere in the matters of the state, but the state may intervene when necessary to ensure equality, reform, or protection of individual rights.

Thus, the state maintains a principled distance from all religions.

It does not imply total separation, but rather active engagement to promote religious harmony and justice.

This model is followed in India, where the Constitution allows religious freedom while also enabling the state to regulate or support religious practices when needed—for example, religious subsidies or recognition of personal laws.

For example, Article 25 ensures religious freedoms but they are subject to public order, health and morality. If someone disturbs public order, or a religious practice goes against health and morality, the government can interfere.

Therefore, the state can interfere when untouchability is practised, or in the matter of triple talaq or the caste system.

Thus, while both forms of secularism aim to protect religious freedom, they differ in their approach and interpretation of state-religion interaction, with India’s model emphasizing accommodation and balance, and the Western model emphasizing exclusion and neutrality.

Differences between the Western concept of secularism and Indian secularism

Aspect Western Secularism Indian Secularism
Definition Separation of religion from the state; “State and religion have no influence on each other.” Equal respect for all religions; “State treats all religions equally.”
State and Religion The state maintains strict separation from religion and avoids any involvement in religious matters. The state is involved in managing religious matters to ensure harmony and equality.
Focus Focus on individual freedom from religious control and ensuring a religion-neutral state. Focus on protecting religious diversity and preventing religious domination by any group.
Religious Freedom Ensures freedom of religion but avoids funding or promoting any religion. Ensures religious freedom and actively intervenes to prevent discrimination and protect minority rights.
Neutrality The state maintains a “wall of separation” between itself and religion. State practices “principled distance”, engaging with all religions to ensure equality and justice.
Examples of Practice Countries like France (Laïcité) and the USA, where religion is a private matter and has no role in state functions. India, where the state may intervene in practices (e.g., abolishing untouchability) while respecting all religions.
Treatment of Religion in Public Sphere Religion is largely confined to the private sphere, with minimal public or political display. Religion is part of the public sphere, with festivals, symbols, and practices coexisting with the state.
Intervention in Religion No intervention in religious practices unless they violate fundamental rights (e.g., the USA prohibits polygamy). The state intervenes in religious practices if they violate constitutional values (e.g., Sabarimala case, Triple Talaq).
Minority Rights Minority rights are limited to freedom of worship; religion-specific privileges are avoided. Minority communities are granted special rights (e.g., Article 30 for educational institutions).
Criticism This can lead to the exclusion of religious identity in the public domain, limiting cultural expression (e.g., France banning religious symbols in schools). Sometimes criticized for excessive state involvement in religious matters, leading to political misuse (e.g., appeasement politics).

Importance of Secularism

In a diverse country like India, where multiple religions coexist, secularism plays a vital role in maintaining social harmony, protecting minority rights, and fostering national unity.

  • Promoting National Unity and Integrity: India is home to all major world religions. Securlarism fosters inclusiveness and harmony, which has helped maintain national unity despite the country’s religious diversity.
  • Ensuring Religious Freedom and Tolerance: Secularism guarantees the right to practice any religion or no religion, ensuring equality and tolerance, as seen in India’s community celebration of diverse religious festivals like Diwali, Eid, and Christmas.
  • Ensuring Justice: By preventing discrimination, secularism safeguards minority rights, as exemplified by institutions like Aligarh Muslim University, which operates under the protection of constitutional provisions for minorities.
  • Preventing Communalism and Religious Conflicts: Secularism works to prevent religious violence and communal strife by promoting rational governance over religious sentiments, as evidenced by government intervention to control riots like the 2002 Gujarat riots.
  • Facilitating Scientific Temper and Rational Thinking: Secularism promotes policies based on evidence and scientific reasoning, such as India’s focus on scientific education and rational health policies rather than religious beliefs.
  • Encouraging Cultural Exchange and Harmony: Secularism fosters cultural interactions and mutual respect, as seen in the blending of yoga, art, and cuisine from different religious traditions to create a shared cultural identity.
  • Preventing Political Exploitation of Religion: Secularism safeguards against the misuse of religion for political gain, as demonstrated by the Representation of the People Act, which prohibits the use of religion in election campaigns to ensure fair and unbiased elections.
Historical of Secularism in India

The concept of secularism in India has evolved over centuries. Unlike the Western model of secularism, which emerged from the struggle against the church’s dominance, Indian secularism is deeply rooted in the country’s cultural ethos of religious tolerance and coexistence.

India has a long history of religious tolerance, beginning in ancient times:

  • Hindu, Jain, and Buddhist philosophies promote pluralism and peaceful coexistence. Ashoka’s reign exemplified this by supporting multiple faiths.
  • During the medieval period, movements like Bhakti and Sufism encouraged unity, though rulers like Akbar championed religious tolerance, while later figures such as Aurangzeb adopted more orthodox policies.
  • The colonial era saw British divide-and-rule strategies deepen communal divides, but leaders like Gandhi, Nehru, and Ambedkar emphasized secular ideals in the fight for independence.

Characteristics of Indian Secularism

  • Equal Respect and Treatment of All Religions: Indian secularism is based on the principle of Sarva Dharma Sambhava, meaning that the state treats all religions with equal respect and does not favour or discriminate against any particular faith. The government remains neutral in religious matters while ensuring that all communities have the freedom to practice their beliefs.
  • Freedom of Religion for All Individuals: The Indian Constitution guarantees every citizen the right to freely profess, practice, and propagate any religion of their choice under Articles 25 to 28.
    • State Intervention to stop exploitation: Although the government can interfere in matters of public order, morality, and health, ensuring that religious practices do not infringe upon the rights of others or when they violate constitutional values such as equality and human dignity. For example, the government has enacted reforms like the abolition of untouchability.
    • State Intervention to Ensure Social Justice: The government canregulate religious institutions to promote social justice or design programs to safeguard certain marginalised communities.
  • Protection of Minority Rights: Indian secularism provides special safeguards for religious and linguistic minorities to preserve their cultural heritage and educational rights. Articles 29 and 30 of the Constitution protect the interests of minorities by granting them the right to establish and administer their educational institutions.
  • Acceptance of Religious Diversity and Pluralism: Indian secularism embraces religious diversity by recognizing and respecting the multiple faiths that coexist within the country. It allows individuals to display their religious identity in public spaces and acknowledges religious festivals, traditions, and cultural practices as part of the national ethos.
  • Personal Laws for Different Religious Communities: Unlike the uniform approach of Western secularism, India allows religious communities to have their own personal laws governing matters such as marriage, divorce, and inheritance. This legal pluralism acknowledges the unique customs and traditions of different religious groups while maintaining a balance between religious autonomy and constitutional values.

Relationship Between Secularism and Religion

  • Complementary: Secularism allows freedom of religion and ensures equal treatment of all religions without interference, fostering peaceful coexistence. For instance, India’s concept of “Sarva Dharma Samabhava” promotes respect for all religions.
  • Contradictory: When religious groups demand preferential treatment, it can clash with secular principles of equality. For example, debates in India over personal laws like Triple Talaq and the Sabarimala temple entry showcase conflicts between secular laws and religious practices.

Importance of Secularism in a Religious Society

  • Religious Freedom: Secularism protects individuals’ right to practice or reject religion.
  • Social Harmony: It promotes inclusivity and tolerance, reducing communal conflicts.
  • Rational Policy-Making: Policies are grounded in reason, science, and universal human rights, promoting reforms such as gender equality.
  • Protects Minority Rights: Ensures equality for all religious communities and prevents discrimination.

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