(Boundaries of Religious Freedom_ Regulating Religion in Diverse Societies 1) Adam Possamai, James T Richardson, Bryan S. Turner (Eds.)-The Sociology of Shari’A_ Case Studies From Around the World-Spr
• Binding allegiance to one’s own communal group- Religious, linguistic or
ethnic- rather than to nation. In extreme form communalism leads to hatred and to communal violence. It is setback to secularism, subverts democratic political stability, destroys our composite culture. Religious fundamentalism reinforces communalists to exploit both religion and politics and advocates fanaticism. Religious fundamentalists oppose progressive reform to keep control on their communities. Islamist fundamentalist organisations rooted in religious obscurantism are prone to irrational violence. Eg. SIMI and jamaate Islami. Against communal activities action taken under UAPA. • Communal violence- as per communal violence bill 2005 any act that constitutes a scheduled offence creating internal disturbance threatening secular fabric. Scheduled offence specified in the schedule under IPC, Arms act 1969, explosives act 1884, prevention of damages to public property act 1884, places of worship act 1991 and religious institutions (prevention and misuse) act 1988. • Communal violence into three categories- Religious, linguistic and ethnic. • Ethnic violence- clashes between different tribes or cultural groups eg. • Linguistic violence- due to large number of language groups eg. Linguistic riots in 1950’s and recently against Biharis in Mumbai. • Religious violence- Biggest threat to internal security like between Hindus and Muslims. 2011 census data- Hindus 79.8%, Muslims 14.23%, Christians 2.3%, Sikhs 1.72%, Buddhist .7%, Jain .37% and others .66%, not stated .24%. Many religions originated in India like Hinduism, Buddhism, Sikhism, Jainism and many of foreign origin like Islam, Christianity, Judaism, Zoroastrianism flourished here. Right to freedom of religion is a fundamental right. • Constitutional provision- Art 25- freedom to practice religion, Art 26- right to manage religious institutions and religious affairs, Art 29- right to conserve language and culture, Art 30- right to establish and administer educational institutions. • Factors- 1) Historical- British policy of divide and rule, Morley-Minto reforms (1900) and Ramsay Mac Donald award of 1932 for separate electorates, impacts of partition. • 2) Political- Mixing of religion and politics, appeasement of any religion, Political justification of communal violence. • 3) Socio cultural- conflicting religious ideologies, dogmatic religious beliefs, • 4) Nationalist- groups of majority religions of some regions looking to secede from India attacking other religion members eg. Attack on pundits in Kashmir or Hindus in Punjab by Sikhs. • 5) Religious- Desecration of a place of worship, claiming of a place of worship by both communities, religious processions and provocative sloganeering, unregulated use of loud speakers. • 6) Educational and economic- Uneducated and economically backward sections of society easily get provoked. As per 2011 census, illiterate population Muslims 43%, Hindus 36.4%, Sikhs 32.49%, Buddhist 28.17%, Christians 25.66%. Socio religious factor and lack of education among Muslims prevented their effective participation in govt. services which led to resentment among Muslims. • 7) Personal- Molestation or rape of woman of one community, dispute between two neighbours of different communities. • 8)governance issues- Lack of detailed SOPs, failure of intelligence agencies, administration & police failing to anticipate and read indicators, waiting for instruction from superiors, officials not held accountable for failures. • Measures to tackle communal violence- 1) preventive- • a) Administrative • (i) Planning and profiling of religions- meeting of state level integration committee under CM once in a quarter, a model cell at state level to study patterns of communal disturbances, district administration to assess communal situation on regular basis, identify areas prone to communal sensitivity including demographic profile. • (ii) Preparation- at the state and district level prepare management plan with specific roles for different agencies and detailed SOPs, list of elements having a record of creating communal rifts. • (iii) Intelligence-mechanism for intelligence and information gathering and integration with response mechanism. • (iv) Personnel policy- police personnel deployed should be representative of social structure of the region to have confidence among people. • (v) Police reforms- police to be free from political influence and be accountable. • (B) Participatory- (i) Citizens’ peace committees- peace committees/ quami ekta committees comprising prominent citizens and community leaders for conflicts resolutions. • (ii) Community policing- small shopkeepers, daily wage earners and women, the most vulnerable groups can be most willing partners in maintaining peace and harmony. • (iii) Management of religious affairs- • 1) Code of conduct for festivals to be evolved and widely publicized. • 2) processions- proper security arrangements. • 3) protecting places of worship- places of worship (special provision) act 1991 provides imprisonment for damaging religious places. • 4) unauthorised construction of religious places. • 5) loud speakers • 6) misuse of religious places- religious institutions (preventions of misuse) act 1988 which also prohibits storage of arms and ammunition • 7) Awareness creation. 2) Measures when outbreak of riot anticipated- police to launch security proceeding against suspects, preventive arrests, depositing fire arms, imposing section (144). 3) Measures once riot starts- Police force to be mobilised and necessary additional force, deployment of central forces, unwarranted political interference need not be allowed, contact with media to avoid speculative reporting to fuel rumours. 4) Post violence measures- relief measure taken up without delay to avoid prolonged suffering of victims. A) Enforcement action and monitoring of cases- prosecution of all offences to be monitored and pursued. SIT constituted for fair investigation. B) Relief and rehabilitation- expeditious disbursement of relief, interim relief, relief camps, communal violence a disaster as per DMA 2005. • Lessons from riots- Riots to be documented, analysed and lessons drawn for future. SECULARISM • Added to constitution through 42nd amendment Act. It means religion is a personal matter and state has nothing to do with it. As per constitution it means state cannot promote any particular religion or discriminate between different religions. State must treat all religions equally. It can interfere in religion to bring about social reform. So Indian secularism means sarva dharma sama bhava- equal respect to all religions and not neutrality in religion. It does not mean rejection of religion. Every religion has two aspects- philosophic or ideological aspect and ritualistic aspect. • Philosophic aspect deals with belief system and ritualistic with various practices. Ethical values and moral codes of all religions do not differ and that is why there is unity in mankind. Secularism looks at religion from this angle and therefore gives equal respect to all religions. A religion when it gets institutionalized, it gets interested in maintaining its hold on the people. • The two important features of a secular state are- • 1) Complete separation of state and religion. • 2) Full liberty to the followers of all religions. The founding fathers of the constitutions ensured constitutional safe guards for the protection of minorities. Accordingly everyone has the fundamental right to enter public places including places of worship and drink water any where. If anybody violates this law he will be punished. • In western secularism religion is entirely a private matter and state is totally distanced from the religious activities and practices of its citizens. Western secularism does not believe in open display of religion except for places of worship where as in India all expression of religion is manifested equally with support from the state. In western secularism inspired by American model the religion and state are mutually exclusive. • Another difference is that Indian secularism is concerned with Intra religious domination and compatible with state supported religious reform eg. Banning untouchability. The Indian state may engage with religion negatively to oppose religious tyranny. Indian secularism is therefore assimilative secularism ie constitution guarantees all citizens freedom of practice of religion and govt. shall protect interests of minorities. Hence India followed its own model of secularism different from western model of secularism.
(Boundaries of Religious Freedom_ Regulating Religion in Diverse Societies 1) Adam Possamai, James T Richardson, Bryan S. Turner (Eds.)-The Sociology of Shari’A_ Case Studies From Around the World-Spr