Secularism is a principle or ideology that advocates for separating religious institutions and beliefs from the affairs of the state, government, or public institutions.
According to Akeel Bilgrami, Secularism consists of three commitments
- Freedom of religious belief and practice.
- Principles enshrined in the constitution such as equality, freedom of speech, gender equality
- Meta-commitment, which says if there is a clash between the first and second commitments, the second commitment must get priority.
Quotes
- Indira Gandhi: Secularism is not an import or a mere matter of Western education. It is indigenous to India and has been part of our heritage for centuries.”
- Shashi Tharoor: “Indian secularism has always been the idea of India. This idea of India is that it is not just a country; it’s an idea, a pluralistic idea.”
- Maulana Abul Kalam Azad: Secularism is not confined merely to political democracy but goes much beyond that. It is a political, social and cultural process.”
- Dr. A.P.J. Abdul Kalam: “For a successful revolution, we need more than just democracy. We need a spirit of inclusiveness and secularism.”
Secularism under the Indian constitution
- Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It ensures that the state shall not discriminate against any citizen on these grounds.
- Article 16: Guarantees equality of opportunity in matters of public employment and prevents discrimination on grounds of religion, race, caste, sex, descent, place of birth, or residence.
- Article 25-28: Ensures the freedom of religion, allowing individuals to profess, practice, and propagate their religion, subject to public order, morality, and health.
- Article 28 – It guarantees the right of minorities to establish and administer educational institutions.
- Article 29 and 30 provide cultural and educational rights to minorities.
- Article 44: Encourages the state to secure for its citizens a Uniform Civil Code throughout the territory of India. The idea behind this is to promote a common set of laws for all citizens, irrespective of their religious beliefs.
- Article 51A: Fundamental duty to promote harmony and the spirit of common brotherhood and to value and preserve the rich heritage of our composite culture.
Significance of secularism
- Religious Pluralism: Secularism in India is crucial for maintaining social harmony and fostering peaceful coexistence among diverse religious groups.
- Protection of Individual Rights: Secularism promotes the idea that individuals should be free to practice their religion or hold secular beliefs without fear of discrimination or persecution. It protects the rights of individuals to express their diverse religious or non-religious identities without interference from the state.
- Constitutional Framework: Secularism is a fundamental feature of the Indian Constitution. It is explicitly mentioned in the Preamble, and various articles uphold the principles of religious equality, freedom of religion, and non-discrimination based on religious grounds.
- Equality and Inclusion: It helps prevent favoritism towards any particular religious group, ensuring that all citizens are treated equally regardless of their religious affiliations. This contributes to a more inclusive and harmonious society.
- Protection of Minority Rights: The Constitution guarantees the right to establish and administer educational institutions for religious and linguistic minorities, ensuring that minority communities have the freedom to preserve and promote their distinct cultural and religious identity.
- Prevention of Religious Discrimination: By separating religious institutions from political power, it discourages the imposition of religious beliefs on the entire population and promotes tolerance and acceptance of diverse viewpoints.
- Promotion of Rational Governance: A secular approach encourages governments to base their policies on rational, evidence-based considerations rather than religious dogma. Further, by prioritizing reason and evidence over dogma, secular societies tend to be more open to advancements in education, science, and technology.
- Political Inclusivity by discouraging the use of religion as a basis for political mobilization. It aims to create a political environment where leaders and parties appeal to a broad cross-section of society rather than focusing on narrow religious constituencies.
Western vs Indian secularism
Western secularism | Indian secularism |
---|---|
Implies a clear and distinct division between religious institutions and governmental affairs. Eg- the French laïcité model bans religious symbols in public institutions. | Represents the positive notion of secularism, wherein equal reverence is accorded to all religious beliefs. |
Evolved during the European Renaissance as a response to widespread corruption in the Church and undue interference in state matters. | It originated in the ancient Vedic era and is grounded on religious pluralism (Sarva Dharma Samabhav and Dharma Nirapekshata.) |
Equal distance model – religion is generally seen as a private matter, and the state aims to maintain equal distance from all religious institutions. | Principled distance model – recognizes the importance of religion in society and aims to accommodate diverse religious beliefs and practices. It involves state support for religious communities and the promotion of religious pluralism. |
Individual rights take precedence in Western secularism. | Extends beyond individual rights to also address the concerns and rights of religious and cultural minority communities. |
It does not accommodate the notion of state-sponsored religious reform. | It is in harmony with the concept of state-sponsored religious reform. Eg- Article 17, Triple Talaq Ban |
Criticism of and Threats to Indian Secularism
- Selective Secularism: There are instances where the state has been accused of favoring certain religious communities, leading to a lack of true equality among religious groups. The surge of religious nationalism in recent times has given rise to incidents such as mob lynching.
- Minority Appeasement particularly during elections. This has led to concerns about vote-bank politics, where political parties allegedly cater to specific religious groups for electoral gains. The politicization of a particular religious group sparks competitive politicization among other groups, leading to interreligious conflicts.
- Religious Intervention in State Matters: Critics argue that the Indian state has, at times, involved itself too much in religious matters, such as managing and funding religious institutions. Eg- The government’s control over Hindu temples in some states.
- Lack of a Uniform Civil Code: Critics argue that personal laws based on religious affiliations contribute to inequalities and perpetuate a fragmented legal system.
- Rise of Communal Tensions: Some critics argue that the state has not been effective enough in preventing and addressing such conflicts, leading to questions about the success of Indian secularism in fostering true religious harmony.
- Inadequate Protection of Freedom of Speech: In certain instances, there have been criticisms that Indian secularism has been used to curb freedom of speech and expression, particularly when it comes to criticism or satire of religious beliefs.
- Ineffectiveness in Addressing Social Issues: Critics argue that despite its commitment to social justice, Indian secularism has not been entirely effective in addressing deep-rooted social issues, such as caste discrimination.
- Need for k Reinterpretation: Some scholars and thinkers suggest that the concept of secularism in India needs reinterpretation to align with contemporary challenges and to ensure a more inclusive and fair application across diverse religious communities.
Scholar views
- Rajeev Bhargava has critiqued the concept of “principled distance” in Indian secularism, arguing that it may not be sufficient in addressing the complex issues arising from religious diversity. He emphasizes the need for a more nuanced and context-specific approach.
- Ashis Nandy has expressed concerns about the potential for secularism to become a form of cultural imperialism, imposing Western values on diverse cultural and religious traditions in India. He argues for a more culturally sensitive approach.
- T. N. Madan has highlighted issues such as the persistence of caste-based discrimination and the tensions between individual rights and community rights. He suggests a need for reevaluation and adaptation.
- Martha Nussbaum has highlighted concerns about the inadequacy of secularism in addressing issues related to gender justice in India. She argues that a more comprehensive approach is needed to ensure the protection of women’s rights within diverse religious communities.
- Asghar Ali Engineer, while advocating for interfaith dialogue, has criticized the lack of concrete measures in Indian secularism to address the socio-economic disparities faced by religious minorities. He emphasizes the need for more inclusive policies.
SC judgments related to secularism
- Kesavananda Bharati v. State of Kerala – the Supreme Court of India held that secularism is a part of the basic structure of the Constitution.
- S.R Bommai v. Union of India – The principle laid down in the Kesavananda Bharati case was reiterated. The Supreme Court cleared the doubt over the word ‘secularism’ in the Constitution. The Court held that the secular nature of a society does not make it an atheist society. Secularism makes society more heterogeneous.
- Ahmedabad St. Xavier’s College v. State of Gujarat – the Supreme Court held that secularism neither means anti-God nor pro-God. Secularism, therefore, eliminates the concept of God in matters of the state.
- Stanislaus Rev v. State of MP- The High Court of Madhya Pradesh, explained that freedom of ‘profession’ means one’s right to state in public the creed he belongs to. Moreover, the Court said that freedom of ‘practice’ means one’s right to worship in private or public. It was further explained that the right to propagate one’s religion gives one the right to convey his/her religious beliefs to another individual but not to convert a person to one’s religion.
- Indian Young Lawyers Association v. State of Kerala– preventing the women in their “menstruating years” from entering the Sabarimala temple as per the religious custom, violates women’s constitutionally protected fundamental rights to equality. The dissent of Justice Indu Malhotra has raised doubts regarding the extent to which established religious practices can be challenged based on equality.
Way forward
- Promote Inclusive Policies ensuring that the rights of all religious communities, as well as non-religious individuals, are protected without favoritism.
- Empower Marginalized Groups including women and religious minorities, through affirmative action and targeted policies to address historical injustices and socio-economic disparities.
- Strengthen Legal Frameworks that ensure gender justice, protect individual rights, and promote uniform civil laws to minimize disparities arising from different personal laws. Eg- Uniform Civil Code
- Integrate curriculum modules on religious tolerance and cultural diversity into educational institutions to foster a culture of respect for diverse religious and cultural backgrounds.
- Encourage Interfaith Dialogue to promote understanding, tolerance, and cooperation among different religious communities, fostering social harmony.
- Address Communal Tensions by promoting a culture of dialogue, tolerance, and understanding. This can be done through community policing initiatives and rapid response teams
- Ensure Political Neutrality in religious matters by discouraging the use of religious identity for electoral gains. Encourage political leaders to focus on inclusive governance rather than divisive religious appeals.
- Safeguard freedom of speech and expression while also promoting responsible discourse, ensuring that it does not incite religious hatred or violence. Balancing individual rights with societal harmony is crucial.
- Extend the principles of secularism to address broader issues of social justice, including caste-based discrimination, economic disparities, and other forms of marginalization.