NATIONAL LAW INSTITUTE UNIVERSITY, Bhopal

Project
On

Liberalism and religion toleration: modern application of John Locke's

theory

Submitted by
Sanskriti Agrawal
Enrolment Number: A-2615
Roll Number: 2023BALLB34
II Semester
B.A. L.L.B. (Hons.)

Submitted to
Prof. Dr. Raka Arya
04 April 2024
 Declaration
I, Sanskriti Agrawal D/o Satish Agrawal Roll Number 2023BALLB34 Enrolment Number A-
2615, hereby declare that the project titled “ Liberalism and religion toleration: modern

application of John Locke's theory ” is the result of my own independent research work and
was completed under the supervision of Prof. Dr. Raka Arya. I have diligently acknowledged
the books utilized in this study through comprehensive footnotes and a bibliography,
ensuring that plagiarism is actively avoided. The Turnitin Report indicates a similarity index
of %. I acknowledge that the course instructor possesses the authority to request project
modifications if plagiarism is detected. Should my project be forwarded to the Committee
Against the Use of Unfair Methods due to non-compliance with the teacher's instructions, I
commit to accepting and adhering to their decision.
 Acknowledgment
I want to thank Prof. Dr. Raka Aryain particular for his invaluable advice and support,
without which the research would not have been finished. Furthermore, I express my
gratitude to the NLIU Bhopal Library and IT team for their assistance in facilitating my study
and providing access to essential resources. Additionally, I extend sincere thanks to my
parents and friends for their emotional support throughout this endeavor. My appreciation
extends to all individuals who contributed to the completion of this project, whether their
involvement was direct or indirect.
 Contents
Introduction................................................................................................................................1
Review of Literature..................................................................................................................1
Statement of Problem.................................................................................................................3
Hypothesis..................................................................................................................................3
Research Method........................................................................................................................3
Research Objectives...................................................................................................................4
Research Questions....................................................................................................................4
About the Philosopher................................................................................................................5
Liberalism..................................................................................................................................6
 Locke on Liberty to express............................................................................................7
Substantive Analysis of Liberalism in Indian Context..............................................................8
John Locke on Religion.............................................................................................................9
Substantive Analysis of Locke’s work on Toleration in Indian Context.................................11
 In the context of Indian Constitution............................................................................11
 In the context of Blasphemy Laws................................................................................12
Conclusion................................................................................................................................13
Bibliography.............................................................................................................................14
 Introduction

John Locke stands as one of the preeminent political philosophers in modern history, and his
theories on liberalism have left an indelible mark on Western political thought. Formulated
during the Enlightenment era and shaped by the concurrent scientific revolution, Locke's
ideas, encapsulated in his renowned work "Two Treatises of Government," delve into the
essence of governance and the entitlements of individuals.

A fundamental tenet in Locke's liberalism revolves around the concept of individual rights.
According to Locke, individuals possess inherent rights—such as the right to life, liberty, and
property—that are beyond the reach of government interference. In his view, the primary role
of government is to safeguard these rights, and he posits that if such protection is lacking,
individuals have a justifiable reason to rebel and establish a new government.

Another pivotal dimension of Locke's liberal philosophy underscores the necessity of a

limited government. Locke advocated for restricting the powers of government, emphasizing
the right of individuals to resist governmental oppression. Additionally, he championed the
idea of a separation of powers, wherein the legislative, executive, and judicial branches each
carry distinct responsibilities, acting as mutual checks on one another.

Critics of Locke's liberalism contend that his ideas are constrained by the historical context in
which they emerged and fail to address the complexities of modern society. Some argue that
his conception of individual rights is too narrow, excluding women, people of color, and
other marginalized groups.

Despite these critiques, Locke's theories on liberalism remain a subject of extensive study and
debate. His ideas have significantly shaped contemporary Western political systems, and his
principles concerning individual rights and limited government remain foundational to the
liberal political tradition.
 Review of Literature

 John Locke, ‘A Letter Concerning Toleration’

In this treatise, Locke argues that tolerance constitutes a Christian virtue, asserting
that the state's focus should be confined to secular matters rather than religious ones.
Within his publication, he articulates a compelling rationale for the compatibility of
religious convictions with reason. Locke emphasizes that no monarch, prince, or
magistrate possesses the authority to govern without the people's consent.
Furthermore, he contends that governmental interference in imposing its religious
beliefs or practices on the broader population is unwarranted.

 Seliger M, The liberal politics of John Locke (Allen & Unwin 1968)1
The book is highly intricate, delving into detailed explanations and providing
justifications for Locke's theoretical arguments. Seliger contends that concerns about
Locke concealing his true beliefs, akin to Hobbes, have been effectively addressed.
Seliger asserts that the likelihood of Locke facing repercussions for any implicit
Hobbesian views is minimal, given that Locke was outspoken and explicit about his
own convictions.

 David Boucher and Paul kelly, ‘Political Thinkers from Socrates to present’,(2 nd
edition Oxford University Press)
This publication, serving as a reference in my study, presents a comprehensive
examination of Locke's political philosophy alongside the perspectives of other notable
political theorists across history. It furnishes a detailed overview of Locke's primary
concepts and arguments, encompassing his views on the social contract, government's
nature, and individual rights. In conclusion, I discovered this book to be a captivating and
valuable resource that enhanced my understanding of Locke's political philosophy within
its broader historical context.

 Andrew Heywood,’Political Ideologies- An introduction,(3 rd edition, Palgrave

Macmillan)

1
Martin Seliger, The liberal politics of John Locke (Allen & Unwin 1968)
 This publication serves as a comprehensive guide for delving into the intricacies of
liberalism and proves to be an excellent choice for acquiring a deep comprehension of the
subject. It meticulously explores liberalism as an ideology, tracing its evolution
throughout history. The book facilitated my grasp of fundamental liberal principles like
individualism, liberty, and democracy, in addition to shedding light on critiques and
challenges associated with liberalism. Heywood's clear and articulate writing style,
coupled with thorough research, makes this book an invaluable resource for those
engaged in studying this topic. For individuals with an interest in political ideologies,
especially liberalism, this book is highly recommended.

 David Boaz, ‘The Libertarian Reader’,(The Free Press)

To explore John Locke's perspective within the realm of religion, this particular book was
chosen. It comprises a collection of writings that delve into various themes associated
with libertarianism, encompassing its stance on religious freedom and tolerance. The
book offers a unique perspective on the interplay between libertarianism and religion. In
essence, delving into this book proves to be an excellent means of gaining deeper insights
into libertarianism and its implications for religious freedom.

 Bruce Haddock, ‘A History of Political Thought’, (Polity Press)

This book is a recommended read for anyone intrigued by the evolution of political
philosophy. Spanning from ancient Greek thinkers to contemporary theorists, it provides
a detailed and accessible narrative of pivotal concepts and philosophers in the history of
political thought. Haddock's clear and engaging writing style, coupled with insightful
analysis, makes this book an excellent resource for students of political philosophy. Its
broad coverage of themes, including liberalism, renders it a valuable read for students
across diverse academic fields.

Statement of Problem

The concept of political liberalism has undergone significant change in contemporary times
and the challenge of creating a widely accepted set of moral and political principles amidst
the current cultural landscape, which is marked by conflicting values, is a pressing issue.
 Hypothesis

Despite cultural and value differences, the concept of justice remains consistent, as does the
principle of limiting individual freedom for the greater good.

Research Method

The doctrinal method of research has been used to make this project. Primary sources such as
books written by well known authors as well as secondary sources like, journal articles, blogs
were accessed to make this project.

Research Objectives

 To study John Locke.

 To scrutinise John Locke's concept of liberalism.
 To scrutinise John Locke's concept of religion toleration.
 To understand contemporary applications of the theory.

Research Questions

 What is the potential conflict between the concept of justice and individual liberty?
 What is the evolution of political liberalism over time? Does it changed?
 What can be the relative importance of individual liberty and state authority?
 About the Philosopher

One among the list of most well known philosophers of 17 th century was John Locke. His
work of interst include theology, religious toleration, education, limited and liberal
government. He argues that government has certain duties towards citizen in limited areas
such as theory of natural rights.

John Locke was famously known as the "Father of Liberalism" after being largely considered
as one of the most significant Enlightenment theorists. Locke is regarded as well known
personality to the social contract idea because he was one of the first British empiricists, who
followed the footsteps of Sir Francis Bacon and made substantial contributions to political
philosophy. His ideas had an impact on many Scots Enlightenment thinkers such as Voltaire,
Jean-Jacques Rousseau, American Revolutionaries, and others. He is acknowledged for his
contributions to "classical republicanism and liberal thinking" in the United States
Declaration of Independence. The philosophy and practise of limited representative
government, as well as the defence of fundamental rights and liberties under international
law, have all been significantly influenced by Locke's political-legal ideas.

In 1632, he was born in small town known as Wrington, England. His father was a legal clerk
and served in the English Civil War. He completed his studies successfully and hold series of
administrative post.

In 1667, he went to London to pursue medicine and natural philosophy where he also met
Anthony Ashley who was a prominent politician. Locke was able to occupy a number of
political positions due to his patronage and during this phase of his life he worked on one of
his most prominenet work i.e., ‘The Essay Concerning Human Understanding’.

In 1665, when he returned to England there was a huge political transformation and during
this period he wrote his most propounded works of lifetime such as ‘Two Treaties
Concerning Government’, ‘ A letter Concerning Toleration’, ‘Some Thoughts Concerning
Education’ etc.

Locke focused a lot of his effort on theology in his later years. In 1695, he published The
Reasonability of Christianity on theology. He belived that several old beliefs seen as
obligatory for Christians were unneeded. So he promoted a kind of Christianity that is quite
ecumenical.
In 1704, his health began to deteriorate due to respiratory ailments, and he grew more and
more weak. On October 28, 1704, he passed away and Near Oates, at High Laver, he was laid
to rest. He penned his own, straightforward and modest, epitaph.

Liberalism

Although the term "liberal" has been in use since the 19th century, it has a wide range of
connotations. The term "liber" in Latin denoted a group of free men, sometimes known as
men who were neither serfs nor slaves. It also started to be linked more and more to concepts
of freedom and choice. In 1812, Spain was the first country where the term "liberalism" was
used to designate political allegiance.

Liberal principles originated from the breakdown of feudalism in Europe and the emergence
in capitalist society. In many respects liberalism mirrored the aspirations of the burgeoning
middle classes whose interest conflicted with the institution of absolute Monarchs and the
landed aristocrats. The English uprising of the 17th century and the American and the French
of the late 18th century were essentially embodied liberal.

Liberals contest the monarchy's purported absolute power, which is based on the doctrine of
kings' divine rights. They also questioned the authority of the traditional church and
supported the struggle for religious freedom of conscience.

As industrialization extended across Western nations, the 19th century was in many respects
the liberal century as liberal concepts prospered. Liberals favoured an industrialised, free of
government interference, market economy where nations were encouraged to trade freely
with one another.

Western political systems have also been influenced by liberal ideologies and values to the
point where they are frequently categorised as liberal democracies. These systems are
constitutional in the sense that they completely restrain governmental power and protect civil
liberties, representative in the sense that political office is attained through competitive
elections, and democratic in the sense that they are representative. Concepts like the right to
free speech, the freedom of religion, and the right to own property are so thoroughly rooted in
western society that they are hardly ever openly questioned or challenged.

Liberalism does shift towards conservatism, advocating more for maintaining the current,
primarily liberal institutions and less for change and reform. Liberal ideas were in continuous
change. Liberals began to examine and, in some cases, rethink the idea of early liberalism in
the late 19th century as a result of the advancement of industrialization.

Contemporary liberals have come to feel that the government should be in charge of
providing welfare services like health care, pensions, and education. Due of this, two schools
of thought within liberalism—classical liberalism and contemporary liberalism—emerged.
As a result, some commentators have claimed that liberalism is an incoherent ideology that is
beset with competing ideals, particularly about the proper role of the state. As a result,
liberals occasionally reevaluate their beliefs and ideals, and in extreme situations they start to
doubt the universality of liberalism.

Liberals disagree with the notion that voluntary organisations and individuals' free choices
will lead to an impartial and tolerant society. They disagree with the anarchist who sees no
need for either law or government. Since every member of society is both a threat to and a
target of every other, the freedom of one person constantly runs the risk of being used as
justification for abusing the rights of another.

Liberals have historically believed that such protection can only be offered by a sovereign
state that is able to restrain all people and social groups. So, freedom can only exist in a legal
framework.

 Locke on Liberty to express

A Lockean society would be intolerant of limitations on people's freedom of expression. For

Locke, the promise of learning anything through the most effective and efficient social
structure is not the only reason for having the right to speak. Locke believed that no
authority, not even the government, should have the unrestricted and absolute power to use
force. This belief is reflected in his prohibition against the use of force by institutions for
illegitimate purposes. In a Lockean world, tolerance only requires that individuals and
institutions acknowledge that no one person or group of individuals has a unique claim to
authority over the pursuit of truth and that no view can be held with such absolute confidence
as to be impervious to critical inquiry.
 Substantive Analysis of Liberalism in Indian Context

The finest example of political liberalism in the modern world is Article 19. Political
liberalism is the practice of freedom while being constrained in some way. The foundations
for and restrictions on the right to free expression are outlined in Article 19.

There are major problems about the appropriate limits of constraints on freedom of
expression because it is impossible for there to be complete freedom of expression in a
peaceful society. Examinable criteria include the kind of restriction, its nature and extent,
how long it has been in place, and whether or not there is a reliable way to challenge it.
Generally speaking, the judiciary's role is to strike a balance between individual rights like
the right to privacy and reputation and public interests like national security, public order,
health, or morals.

" All citizens shall have the right to freedom of speech and expression," 2 The Preamble of the
Constitution contains a solemn resolve to provide liberty of thought and expression to all of
the nation's citizens, which serves as the foundation for this article.

The Supreme Court emphasised the importance of Article 19 in S. Rangarajan v. P. Jagjivan

Ram3 saying, "Everyone has a fundamental right to form his opinion on any issues of general
concern. Open criticism of government policies and operations is not a ground for restricting
expression. Intolerance is as much dangerous to democracy as to the person himself." Open
criticism of government policies and activities is not a justification for limiting freedom of
expression. "Intolerance is as destructive to democracy as it is to the individual."

Nothing in subclause (a) of clause (1) affects the operation of any current legislation or
prohibits the State from enacting a law to the extent that such law wants to impose reasonable
restrictions on the exercise of the right conferred by said subclause in the interests of India's
sovereignty and integrity, the State's security, friendly relations with foreign States, public
order, decency or morality, or in relation to contempt of court as per Article 19(2).

2
Constitution of India,1950 art.19(1)
3
Rangarajan v. P. Jagjivan Ram, (1989) 2 SCC 574.
 John Locke on Religion

Locke had been diligently arguing problems pertaining to religious toleration since his early
years in London. In 1689, he published his Epistola de Tolerantia (A Letter About
Toleration).
Since the Protestant Reformation, “the issue of whether or not a state should try to impose on
e particular religion within the state, what methods states might employ to do so, and what be
haviour states should take towards people who refuse to convert to the official state religion
had been at the centre of European politics.”4

Humans might not be very adept at figuring out which religion is the right one. Political
leaders are also humans so they should also refrain from trying to impose their beliefs on
others since there is no reason to believe that they will be any more adept at discovering the
genuine religion than anybody else. Instead, each person should be free to pursue their actual
views in the greatest way possible. Allowing others to practise their own religion causes little
harm. Indeed, allowing a diversity of viewpoints can be advantageous since one group might
come to hold the true viewpoints and win over the opposition.

Governments have the agreement of the people in order to establish social order and the rule
of law. Governments shouldn't impose religious conformity because doing so is pointless and
unrelated to achieving these goals. In fact, seeking to enforce conformity may actually work
against these objectives as it is likely to result in opposition from followers of religions that
are not allowed.

Locke also contends that since it is actually impossible to impose religious belief,
governments should respect individual people' religious convictions. Accepting a certain
religion is an internal act that results from one's beliefs. But, governments are set up to
regulate citizens' behaviour. Because people have practically complete power over their own
thoughts, governments are, in many ways, ill-equipped to coerce the acceptance of a specific
religion.

In “A Letter Concerning Toleration” the threat of the unlawful use of force by any
institution, including the government, a religious organization, or ordinary citizens, was his

4
Patrick J. Connolly, ‘John Locke’ Internet Encyclopedia of Philosophy
<https://iep.utm.edu/locke/#H7>accessed on 28 March 2023
main concern. He rejects efforts by the state and religious institutions to convert people to the
state’s official religion, and condemns efforts by organised religions and their supporters to
harm the life, liberty, or property of alleged heretics, and comes to the conclusion that all
religions have a duty to accept other people's beliefs to the significant level that religious
institutions cannot actively seek to harm nonbelievers' life, liberty, or property.

He contends that since the state is the civil authority and does not have the ability to define
the religious beliefs of the governed, any attempt to do so would be an illegal exercise of the
monopoly power that the government possesses.

Locke outlines a succession of obligations owed by religious institutions to followers, by

people to those with whom they hold divergent beliefs, and finally by the government to all
believers. He beleives religious organisations are only allowed to excommunicate individuals
whose opinions are incompatible with the orthodoxy of the church, not physically injure
them.

The biggest worry for Locke was that the government would try to promote religious unity
by forcing conversions. "I may grow rich by an Art that I take not delight in; I may be cured
of some Disease by Medicines that I have not Faith in; but I cannot be saved by a religion
that I distrust, and by a worship that I despise," 5 writes Locke in response to the practise of
forced religious conversion.

No religious organisation can gain from tolerance (i.e., the freedom to practise and preach wit
hout interference from the government) if it does not also extend the same tolerance to other r
eligions. He further says, religious expressions that inevitably result in the loss of property
and human life or in restrictions on liberty can be regulated by the government but this would
incorporate acts like self-mutilation or human sacrifice.

A careful reading of Locke reveals that the "tolerance" he asked of religious organisations
had less to do with the expression of hate speech and more to do with the illegal use of force.
Although, Locke's views on tolerance were extremely progressive for the time and they do
share some similarities with the modern consensus regarding the importance of religious
toleration, it is crucial to understand that any religious group that posed a threat to societal
order or safety should not be tolerated.

5
Julia Brown, ‘John Locke on Religious Toleration: “Sincerity” and Civil
Order’<https://projects.iq.harvard.edu/files/politicaltheoryconference/files/brown_-_hgptc_2018.pdf> accessed
on 27 March 2023
 Substantive Analysis of Locke’s work on Toleration in Indian Context

 In the context of Indian Constitution

Locke believed that one's religious convictions were a matter of personal conscience and
should not be enforced by the government. The government shouldn't meddle in religious
concerns. Given that India is a diverse nation with a wide range of religions and belief
systems, this theory has important implications for the practice of religious toleration there.

There are many similarities between John Locke's work on tolerance and the ideas expressed
in Articles 26, 27, and 28 of the Indian Constitution, notably with regard to the safeguarding
of individual religious freedom and the idea of the state's religious neutrality.

The Constitution of India, which grants everyone the right to religious freedom, contains the
idea of religious tolerance. This implies that everyone has the freedom to practise, profess,
and spread their religion without hindrance from the government or any other person or
organisation.

There are numerous ways that the Indian context might be used to apply Locke's principle of
tolerance. It emphasises the value of respecting the rights and beliefs of those who practise
various religions in the first place. This implies that the state ought to respect all religions
equally rather than favouring or promoting any particular one.

Second, Locke's concept places a strong emphasis on the value of religious tolerance and the
necessity to prevent interreligious disputes. This principle is crucial, especially in India,
where there are many distinct religions and religious tensions frequently result in violence
and conflict.

Third, Locke's view emphasises the value of each person's conscience and the freedom to
practise any religion. This implies that people should have the freedom to follow whichever
religion they so choose and should not be compelled or forced to do so. Similar to this,
Article 26 of the Indian Constitution ensures that religious organisations have the freedom to
create and operate their own institutions for philanthropic and religious purposes. This article
guarantees that religious groups have the freedom to run their own affairs and are
safeguarded from government interference.

The principle of religious neutrality espoused by Locke is reflected in Article 28 of the Indian
Constitution, which forbids the state from funding religious instruction in any institution of
higher learning. According to Locke, the government should not endorse or support any
particular religion, and Article 28 makes sure that the Indian government won't teach
anything that conflicts with people's personal religious convictions.

Locke's idea that people shouldn't be forced to support a religion they do not believe in or do
not belong to is also supported by Article 27 of the Indian Constitution, which forbids the
state from requiring citizens to pay taxes for the promotion or maintenance of any specific
religion or religious institution.

 In the context of Blasphemy Laws

Locke argued in his "Letter Concerning Toleration" that people should be free to believe or
disbelieve as they like and that the state should not have the authority to force religious
beliefs or practises on its citizens. Blasphemy laws, which aim to impose a specific set of
religious beliefs and behaviours, are incompatible with this concept.

By making speech or expression that is judged objectionable to a specific faith or religious

group forbidden, these blasphemy laws frequently violate human rights. Due to their
restrictions on the right of others to express their differing beliefs, these regulations might be
considered as a breach of Locke’s religious tolerance.

He asserts that people should have the freedom to believe or not believe as they see
appropriate, free from government intrusion. This ideal of religious toleration is violated by
blasphemy laws, which seek to impose a specific set of religious beliefs or practises on
people and use state compulsion to ensure conformity.

For instance, Section 295A of the Indian Penal Code (IPC) criminalizes "deliberate and
malicious acts intended to outrage religious feelings of any class by insulting its religion or
religious beliefs."6 This law has been used to stifle free speech and suppress criticism of
religious beliefs and practices.

There have been several cases in India where individuals have been arrested and charged
with blasphemy for expressing their views on religion. In 2012, a professor in West Bengal
6
Indian Penal Code, 1860 S.295A
was arrested for sharing a cartoon on Facebook that was deemed offensive to Muslims. In
2017, a man was arrested in Karnataka for allegedly insulting the Hindu goddess Kali on
social media.

Furthermore, the use of blasphemy laws in India has led to a chilling effect on free speech
and religious expression, with individuals often self-censoring for fear of being charged with
blasphemy. This goes against Locke's argument that coercion in matters of religion only leads
to hypocrisy and insincerity.

Conclusion

After studying the diverse literature and no of the topic, it can be squarely construed thatthe
Indian Constitution places a high value on the liberal idea, especially political liberalism. In
order to make sure that these limitations are neither arbitrary or unreasonable, the judiciary is
essential. It is vital to remember that a healthy democracy depends on tolerance and open
criticism, and any attempts to restrict free speech based on intolerance or to stifle opposition
to the government would be harmful to both people and the democratic process.

In the context of India, Locke's theories on religious tolerance have a lot to offer. To ensure a
peaceful and happy society where all individuals can practise their beliefs freely and without
fear of punishment or discrimination. The ideas embodied in the Indian Constitution are
consistent with the beliefs that Locke upheld on individual religious freedom, religious
tolerance, and state neutrality on matters of religion.It is necessary that the government
respects the religious beliefs and practises of all of its residents because the concept of
religious tolerance is crucial in a nation where there are many different religions and religious
tensions are frequently high.

Any attempt by the government to force religious compliance, in my opinion, would be

fruitless and unproductive. The Indian context also emphasizes how crucial it is to respect
other people's religious views and avoid interreligious disputes.

In light of these findings, it is evident that the principles of John Locke which were studied in
this project are evident in the laws of India which are critical for an individual’s freedom be it
the freedom to express, equality, justice, or religion.
 Bibliography

Books
 John Locke, ‘Two Treatise of Government’
 John Locke, ‘A Letter Concerning Toleration’
 Bruce Haddock, ‘A History of Political Thought’, (Polity Press)
 Andrew Heywood,’Political Ideologies- An introduction,(3 rd edition, Palgrave
Macmillan)

Statutes
 The Constitution of India
 Indian Penal Code

Articles
 Julia Brown, ‘John Locke on Religious Toleration: “Sincerity” and Civil Order’
<https://projects.iq.harvard.edu/files/politicaltheoryconference/files/brown_-
_hgptc_2018.pdf> accessed on 27 March 2023
 Patrick J. Connolly, ‘John Locke’ Internet Encyclopedia of Philosophy
<https://iep.utm.edu/locke/#H7> accessed on 28 March 2023