Secularism in India – Explained Pointwise

There is an ongoing debate in our country about whether to remove the words ‘Secular’ & ‘Socialist’ from the Preamble or not. These words were added in an undemocratic manner by 42nd Constitutional Amendment Act, 1976, during Emergency when most of the Opposition leaders were jailed or detained. However, others argue that secularism was already writ into the Constitution & it was only made explicit by adding it into the Preamble. In this context, it’s important to discuss the significance & threats to secularism in India & how India secularism is different from western secularism.

What is SECULARISM?

• “Secular” means being “separate” from religion, or having no religious basis.
• Secularism is the principle of separating religion from the state, ensuring that no religion is given preferential treatment by the government, and all citizens are treated equally regardless of their faith.
• Secularism is based on principles like:
  • Separation of State and Religion: It means that the government should not have an official religion, nor should it interfere in religious matters. Conversely, religious institutions should not interfere in the functioning of the state.
  • Freedom of Religion and Belief (Freedom of Conscience): Secularism guarantees individuals the right to profess, practice, and propagate any religion of their choice, or to have no religion at all.
  • Equality Before the Law: All citizens, regardless of their religious beliefs or lack thereof, are equal before the law.
  • State Neutrality: The state should maintain neutrality towards all religions. It should not favor or disfavor any particular religion.
  • Rationality and Public Reason: Decisions in the public sphere, especially those related to governance, law, and policy, should be based on rational arguments, scientific evidence, and universal ethical principles, rather than on religious texts or beliefs.
  • Protection of Minority Rights: Secularism is often seen as a crucial safeguard for religious minorities, ensuring they are not discriminated against or oppressed by a religious majority.

What are the CONSTITUTIONAL PROVISIONS related to Secularism in Indian Constitution?

• Preamble: 42nd Constitutional Amendment Act, 1976 added the words ‘Socialist’ & ‘Secularism’ to the Preamble. The Janta government reversed most of the changes through 44th Constitutional Amendment Act, 1978, but the Preamble was left untouched.
• Article 14: Grants equality before law and equal protection of the laws to all.
• Article 15: Enlarges the concept of secularism to the widest possible extent by prohibiting discrimination on grounds of religion, race, caste, sex or place of birth.
• Article 16 (1): Guarantees equality of opportunity to all citizens in matters of public employment and reiterates that there would be no discrimination on the basis of religion, race, caste, sex, descent, place of birth and residence.
• Article 25: Provides ‘Freedom of Conscience’, that is, all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion.
• Article 26: Every religious group or individual has the right to establish and maintain institutions for religious and charitable purposes and to manage its own affairs in matters of religion.
• Article 27: State shall not compel any citizen to pay any taxes for the promotion or maintenance of any particular religion or religious institution.
• Article 28: Allows educational institutions maintained by different religious groups to impart religious instruction.
• Article 29 & 30: Provide cultural and educational rights to minorities.
• Article 51A: Obliges all the citizens to promote harmony and the spirit of common brotherhood and to value and preserve the rich heritage of our composite culture.
• Keshvananda Bharati Case (1973) & SR Bommai Case (1994): SC Bench held that secularism is the basic feature of Indian Constitution.

What is the SIGNIFICANCE of Secularism?

1. Protection of Freedom of Conscience and Religion: Secularism ensures that individuals have the fundamental right to choose, practice, or change their religion, or to have no religion at all, without state interference or coercion. This freedom is central to human dignity and liberty.

2. Democracy and fairness: In a secular democracy all citizens are equal. No religious or political affiliation gives advantages or disadvantages and religious believers are citizens with the same rights and obligations as anyone else.

3. Equal access to public services: Secularism ensures that citizens should have equal access to all public services such as hospitals, schools, and local authorities.

4. Promotes Social Cohesion: In religiously diverse societies, secularism helps manage potential conflicts between different religious groups by ensuring that no single religion dominates or is discriminated against. Thus, secularism helps in preventing communal tensions & violence. 

5. Protects Human Rights: It guarantees freedom of conscience, thought, and belief, which are fundamental human rights.

6. Fosters Equality and Justice: By separating religion from state, it ensures that laws and policies are applied equally to all citizens, preventing discrimination based on religious affiliation. 

7. Unity in Diversity: It allows for the celebration of diverse cultural and religious heritage while fostering a sense of shared national identity and unity.

What is the INDIAN CONCEPT of Secularism?

• The Indian concept of secularism is promoted by personalities like Vivekananda and Mahatma Gandhi is called ‘Positive Secularism’ which reflect ethos of Indian culture.
• The term ‘secularism’ is akin to the Vedic concept of ‘Dharma Nirapekshata’ that is indifference of state to religion.
• Indian philosophy of secularism is related to ‘Sarva Dharma Sambhava’ (Equal Respect for All Religions). Unlike the Western model’s strict separation, the Indian model is characterized by a more “positive” or “accommodative” secularism. The state does not maintain a complete “wall of separation” but rather treats all religions with equal respect and seeks to promote harmony among them.
• Principled Distance and Intervention: The Indian state is not entirely detached from religion. It can and does intervene in religious affairs to ensure equality, social reform (e.g. abolishing untouchability, criminalizing Sati, Ban on Triple Talaq & Nikah Halala), and protect the rights of individuals within religious communities (e.g. personal laws). This is a unique feature aimed at achieving both inter-religious (equality between different religions) and intra-religious (equality within a religion, e.g. caste discrimination) equality.
• Indian secularism is not an end in itself but a means to address religious plurality and sought to achieve peaceful coexistence of different religions.

Secularism: Indian vs Western concept:

What are the THREATS to Secularism in India?

1. Politicization of Religion: Political parties and leaders often exploit religious sentiments, symbols, and identities for electoral gains, leading to communal polarization. This “vote bank politics” can exacerbate divisions between communities and undermine the state’s neutrality.

2.Communal Violence: Recurring incidents of communal riots and violence across various parts of the country are a stark manifestation of the failure to uphold secular principles. These incidents deepen mistrust between communities and create a climate of fear.

3. Hate Speech and Misinformation: The proliferation of hate speech, often spread through social media, targets specific religious communities, fostering animosity and creating a fertile ground for communal tensions. Misinformation and fake news further fuel these divisions.

4. Rise of Religious Majoritarianism/Fundamentalism: The assertion of a dominant religious identity and attempts to equate national identity with a particular religion pose a direct challenge to the pluralistic and inclusive nature of Indian secularism. This can lead to marginalization and discrimination against minority groups.

5. Allegations of State Bias/Partiality: While Indian secularism allows for state intervention in religious affairs, there are often accusations of selective intervention or preferential treatment towards certain religious groups, undermining the principle of “equal respect.” For example, the government’s control over Hindu temples vs. autonomy of other religious institutions, or perceived “minority appeasement.”

6. Lack of Uniform Civil Code (UCC): The absence of a UCC, which would provide uniform civil laws for all citizens irrespective of religion, is seen by some as a challenge to equality. Opponents, however, view it as an infringement on religious personal laws and a threat to minority cultural autonomy. The debate around UCC highlights the tension between individual rights and community rights in the Indian secular model.

7. Growing Intolerance and Radicalization: There’s a visible rise in intolerance towards dissenting views, inter-faith relationships, and practices perceived as “other.” Instances of radicalization within different religious groups, fueled by extremist ideologies, pose a threat to social harmony e.g. incidents of cow vigilantism, ‘love jihad’ campaigns etc.

What are the lessons that Western countries can learn from Indian Secularism?

1. Indian secularism promotes Unity in diversity over Unity in uniformity of west. Thus, advocates a peaceful co-existence while western model can lead to religious stereotyping leading to discrimination and a divided society.

2. In India, State doesn’t owe any loyalty to any particular religion. This gives equal freedom to all religions while providing equal protects all religions.

3. Indian secularism recognizes both individual and community religious rights while west only recognizes individual rights.

4. Indian model prefers Principled distance (State treat every religion with equal respect) to Equidistance in west. Thus, Indian government can financially support, regulate and administers the religious institutions like Wakf council (Islam), historic Hindu temples, Buddhist monasteries, etc.

5. Indian Secularism provides space for religious symbols like kirpan, hijab etc unlike Western system which completely prohibits (France) wearing these in public.

6. The Indian model allows scope of education through religious denominations, especially to start and maintain schools and impart religious education therein.

7. Recognition of minority rights (articles 29, 30) which also enjoys state support in terms of special grants.

CONCLUSION:
Secularism is a theme that permeates through the Constitution via several provisions. Secularism is not just a word in the Preamble, it is an article of faith in the way nation defines itself & holds itself together. Thus, whether it is removed from the Preamble or not, it remains fundamental for having a pluralist, rights-respecting & inclusive democracy.