INDIA IS A SECULAR STATE!

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. If one wants to live as atheist and don’t want to follow any religion, he can also do that. So the main feature of Secular state or Secularism is that it look all religion on equal foot, there is freedom of workshop and accepts freedom of religion that encourage 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.

There are some countries which follow only one religion like Pakistan, Iran, Saudi Arabia, these countries have own state Religion. But there are other countries in which religion and Government both are separate and they don’t promote only one religion, these countries are U.S.A, India.

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 42^nd amendment, 1976 the word “secular” is 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 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 state that such freedom is not absolute but with reasonable restrictions. Article 25 to 28 of the Constitution guarantee to every person through freedom of conscience and the right to profess, practice and propagate religion. Now it is 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. “We the people of India having solemnly resolved to constitute assembly by Sovereign, Secularism, Socialist, democracy and republic and so on.” But now onwards Theocratic states also allowing religious freedom in addition to official religion of their own.  If there is a violation of fundamental Rights of citizens are violated then they can knock the doors of Supreme Court and High courts under Article 32 and 226 respectively.

In St. Xavier College v. State of Gujrat AIR 1974 SC 1389, the Supreme Court has said “although the words ‘Secular State’ are not expressly mentioned in the Constitution but there is no doubt our Constitution want to establish such state and accordingly Article 25 to 28 have been included in the Constitution. One question arise that whether Secularism meant the complete separation of religion from politics. Then the bench concluded that secularism does not mean that the state should stay separate from religion, but it should give equal treatment to all kinds of religion. Religion and caste are the vital aspects of our polity and it not possible to completely separate them from politics. [1]

Case Law:  Supreme Court reiterated an earlier ruling in the case of S.R. Bombay 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 the equality of religious 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.

Then there is three essential connection is ruled between secularism and democracy by justice Ramaswamy i.e. the concept of secular state is needed for working of democracy , the realization of social and economic needs that are essential for material and moral prosperity and political issues. In Actual sense, there is no reason why a society should be committed to secularism, unless it is committed to the concept of equality beforehand. Both democracy and secularism are constitutive of a just state, a state that ensures equality of status between individuals, as well as between religious communities.

As we see that Democracy takes care of first an aspect justice, the equal right of all individuals to certain goods and Secularism secure the second aspect of justice, that religious groups are not disadvantages for arbitrary and irrelevant reasons, and that these groups have equal moral standing in society.[2]

Article 44 of the Constitution of India: It mainly talks about Uniform civil code, State shall end endeavor to secure for the citizens a Uniform civil code but in India it is only practiced in one state i.e. Goa.

International Safeguard:

Universal Declaration of Human Rights, 1948. In this two Article are covered, Article 1 says All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood and Article 18. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

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 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.

In one of the leading case Shah Bano v. Union of India, 1985, there is a 62 year old divorced by husband in 1978 in supreme Court, she won right to alimony but govt. reversed it by legislation after pressure from Islamic orthodoxy. So it was demonstrated by right + left i.e. on the right wanted to subordinate personal laws to UCC to secure basic rights for women; on the left considered bill regressive and violation of gender justice.

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 protect our economy system too.

The challenge is to democracy because denial of secularism major issues about the rights and privileges of citizenship and throws into sharp the intersections between religion and the social and social- economic marginalization. It is also necessary to study the various enactments by the parliament of India and several of policies of Government of India freedom of religion, also the researcher also studied the international as well as municipal provisions about the concept of freedom of religion under Indian Constitution, As we adopted the democratic form of government liberty to persons has significant role to play for individual development and Freedom of religion is one of such liberty granted to everybody. We use to follow secular form of government means there is no official religion of as such. Religion is a matter of personal beliefs and faiths.

---

[1] https://shodhganga.inflibnet.ac.in/bitstream/10603/194584/8/08_chapter%201

[2] https://www.jstor.org/stable/j.ctt183ppwm