AMITY LAW SCHOOL

AMITY UNIVERSITY, KOLKATA

AN ASSIGNMENT ON

“A STUDY ON SECULARISM IN THE CONTEXT OF FREEDOM OF RELIGION”

SUBMITTED TO – DR. PARTHA SAROTHI RAKSHIT

(FACULTY OF “CONSTITUTION LAW OF INDIA II [LAW123]”)

SUBMITTED BY:

SANSKAR GUPTA

ENROLLMENT NO. – A90856123011

BATCH OF 2023 – 2026

DATE OF SUBMISSION – 20TH MARCH 2024

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 DECLARATION

I, Sanskar Gupta, student of Amity Law School Kolkata, hereby declare that the project work
entitled “A STUDY ON SECULARISM IN THE CONTEXT OF FREEDOM OF
RELIGION” submitted to the AMITY Law School, AMITY University, KOLKATA is a
record of an original work done by me under the guidance of Dr. Partha Sarothi Rakshit,
teacher in subject, AMITY Law School, AMITY University, KOLKATA.

Name: Sanskar Gupta

Enrollment No.: A90856123011

Batch: 2023 – 2026

Date: 20th March 2024

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 CERTIFICATE

This is to certify that the project report entitled “A STUDY ON SECULARISM IN THE
CONTEXT OF FREEDOM OF RELIGION” submitted by Sanskar Gupta in partial
fulfilment of the requirement for the award of degree of “LLB” to AMITY Law School,
AMITY University, KOLKATA is a record of the candidate’s own work carried out by him
under my supervision. The matter embodied in this project is original and has not been
submitted for the award of any other degree.

DATE: 20th March 2024 (Dr. Partha Sarothi Rakshit)

Teacher in subject

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 ACKNOWLEDGEMENTS

I would especially like to thank my guide, mentor, Dr. Partha Sarothi Rakshit without whose
constant support and guidance this project would have been a distant reality.

This work is an outcome of an unparalleled infrastructural support that I have received from
AMITY Law School, AMITY University, KOLKATA.
I owe my deepest gratitude to the library staff of the college.

It would never have been possible to complete this study without an untiring support from my
family, especially my parents.

This study bears testimony to the active encouragement and guidance of a host of friends and
well-wishers.

Date: 20th March 2024

Name: Sanskar Gupta

Enrollment No.: A90856123011

Batch: 2023 – 2026

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 CONTENTS

TOPIC PAGE NO.

1. Declaration 2
2. Certificate 3
3. Acknowledgment 4
4. Abstract 6
5. Introduction 7
6. Historical Perspectives On Secularism And Freedom Of Religion 9
7. Legal Frameworks and International Human Rights Instruments 11
8. Forms Of Secularism: Comparative Analysis Between India Vs UK 13
9. Secularism And Social Cohesion 15
10. Case Studies: Secularism In Practice 17
11. Conclusion 19
12. References 20

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 ABSTRACT

Secularism and freedom of religion are two fundamental pillars that underpin modern
democratic societies, yet their intricate relationship remains a subject of scholarly debate and
societal discourse. This study delves into the multifaceted dynamics of secularism within the
framework of freedom of religion, aiming to provide a nuanced understanding of their
interplay.

Through a comprehensive review of literature, historical analyses, and contemporary case

studies, this research investigates how secularism, as a principle of governance, interacts with
the fundamental right to freedom of religion. It explores various conceptualizations and
manifestations of secularism across different cultural, political, and legal contexts, elucidating
its implications for religious minorities, state neutrality, and societal cohesion.

Furthermore, the study examines the challenges and tensions inherent in balancing secular
governance with religious pluralism, addressing issues such as state intervention in religious
affairs, religious accommodation in public spaces, and the accommodation of diverse belief
systems within a secular framework. It also investigates the role of secularism in fostering
social harmony, protecting individual liberties, and promoting inclusive citizenship.

Drawing upon comparative analyses and empirical data, this research aims to offer insights
into the evolving nature of secularism and its implications for freedom of religion in
contemporary societies. By critically examining the practices, policies, and debates
surrounding these concepts, it seeks to contribute to ongoing discussions on the role of religion
in public life, the boundaries of state neutrality, and the promotion of democratic values in
diverse societies.

Ultimately, this study underscores the importance of fostering a robust understanding of

secularism that upholds both the principle of state neutrality and the right to religious freedom,
thereby facilitating peaceful coexistence, safeguarding individual liberties, and advancing
pluralism in democratic societies.

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 INDRODUCTION

Secularism and freedom of religion represent two fundamental principles in the landscape of
modern governance and societal organization. While secularism advocates for the separation
of religion from the affairs of the state, freedom of religion upholds the right of individuals to
practice their faith or belief system without interference or coercion. The intricate interplay
between these two principles has been a subject of significant scholarly inquiry and societal
debate, particularly in contexts where diverse religious beliefs coexist within a democratic
framework.

The relationship between secularism and freedom of religion is complex and multifaceted,
encompassing legal, political, social, and cultural dimensions. At its core, secularism seeks to
establish a neutral and impartial stance of the state towards all religious beliefs, ensuring that
no particular religion receives preferential treatment or is unduly favored in matters of
governance and public policy. In contrast, freedom of religion guarantees individuals the right
to worship, observe religious rituals, and manifest their beliefs in both private and public
spheres, free from persecution or discrimination.

This study aims to delve into the nuances of secularism within the context of freedom of
religion, exploring the various dimensions of their interaction and the implications for
individuals, communities, and societies at large. By examining the historical evolution,
theoretical foundations, and practical applications of these principles, this research seeks to
shed light on the challenges, tensions, and opportunities inherent in their coexistence.

Throughout history, secularism has manifested differently in various cultural, political, and
legal contexts, ranging from strict separation between church and state to more nuanced forms
of accommodation and engagement with religious institutions. Similarly, interpretations of
freedom of religion have evolved over time, shaped by cultural norms, legal frameworks, and
societal attitudes towards religious diversity.

In contemporary societies characterized by increasing religious pluralism and cultural

diversity, questions surrounding the proper role of religion in public life and the boundaries of
state neutrality have become ever more pressing. Debates over issues such as religious symbols
in public spaces, state funding for religious institutions, and the accommodation of religious
practices in the public sphere underscore the complexities inherent in balancing secular
governance with respect for religious freedom.

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Moreover, the rise of religious extremism, secular authoritarianism, and identity-based politics
has further complicated the relationship between secularism and freedom of religion, raising
concerns about the erosion of individual liberties, the marginalization of religious minorities,
and the fragmentation of social cohesion.

Against this backdrop, this study aims to provide a comprehensive analysis of secularism in
the context of freedom of religion, drawing upon theoretical insights, empirical evidence, and
comparative perspectives to offer a nuanced understanding of their interplay. By critically
examining the challenges, tensions, and opportunities arising from their coexistence, this
research seeks to contribute to ongoing discussions on the role of religion in public life, the
limits of state intervention in religious affairs, and the promotion of democratic values in
diverse societies.

In doing so, this study aspires to foster a deeper appreciation of the complexities surrounding
secularism and freedom of religion, ultimately advocating for a more inclusive and equitable
approach to governance that upholds the rights and freedoms of all individuals, irrespective of
their religious beliefs or affiliations.

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 HISTORICAL PERSPECTIVES ON SECULARISM AND FREEDOM
OF RELIGION IN INDIA

1. Ancient India: Religious Pluralism 1and Early Philosophical Debates:

Examination of ancient Indian civilizations, such as the Indus Valley and Vedic periods,
where religious pluralism and diversity were prevalent. Early philosophical texts,
including the Vedas, Upanishads, and epics like the Mahabharata and Ramayana,
reflect a multiplicity of religious beliefs and practices.

2. Mauryan Empire and the Edicts of Ashoka: Analysis of the Mauryan Empire under
Emperor Ashoka, who promoted religious tolerance and non-violence through his rock
and pillar edicts. Ashoka's embrace of Buddhism and his policies of religious pluralism
set a precedent for secular governance in ancient India.

3. Medieval India: Sultanates, Mughals, and Interfaith Interactions: Exploration of

the medieval period in India, characterized by the rule of various Sultanates and the
Mughal Empire. Despite occasional conflicts, this era also witnessed significant
interfaith interactions, cultural exchange, and the patronage of diverse religious
traditions.

4. The Bhakti and Sufi Movements: Discussion of the Bhakti and Sufi movements,
which emerged during the medieval period and emphasized devotion to a personal god
or mystical union with the divine, respectively. These movements contributed to
religious syncretism, tolerance, and the bridging of communal divides.

5. Colonialism and the Impact on Religious Relations: Examination of the British

colonial period in India and its impact on religious relations. British colonial policies,
such as the Doctrine of Lapse and divide-and-rule tactics, exacerbated religious
tensions and contributed to communal divisions.

6. Indian Independence and the Secular Ideal: Analysis of the post-independence

period in India and the adoption of secularism as a guiding principle in the Indian

1
a condition or system in which two or more states, groups, principles, sources of authority, etc., coexists.

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 Constitution. Leaders like Jawaharlal Nehru advocated for a secular state that respects
religious pluralism and ensures equal rights for all citizens, irrespective of their faith.

7. Legal Framework for Secularism: Exploration of legal provisions and landmark

judgments that uphold secularism and freedom of religion in India. The Indian
Constitution guarantees religious freedom to all citizens and prohibits discrimination
on the basis of religion, laying the foundation for a secular and inclusive society.

8. Challenges to Secularism in Contemporary India: Discussion of contemporary

challenges to secularism and freedom of religion in India, including communal
violence, religious polarization, and debates over state intervention in religious affairs.
Issues such as the Ayodhya dispute and religious conversion laws highlight the
complexities of balancing secular governance with religious diversity.

9. Resilience of Religious Pluralism: Despite challenges, acknowledgment of the

resilience of India's religious pluralism and the ongoing efforts of civil society, religious
leaders, and policymakers to promote interfaith harmony, tolerance, and the principles
of secularism.

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 LEGAL FRAMEWORKS AND INTERNATIONAL HUMAN
RIGHTS INSTRUMENTS

1. Constitution of India: The Indian Constitution, adopted in 1950, serves as the supreme
law of the land and provides a comprehensive framework for secular governance and
protection of religious freedoms. Articles 25 to 28 of the Constitution guarantee the
right to freedom of religion, including the freedom to profess, practice, and propagate
religion, subject to public order, morality, and health.

2. Article 25: Freedom of Conscience and Free Profession, Practice, and Propagation
of Religion: Article 25 ensures that all individuals have the right to freely profess,
practice, and propagate their religion. It also guarantees the freedom of conscience,
allowing individuals to follow their beliefs without interference from the state.

3. Article 26: Freedom to Manage Religious Affairs: Article 26 grants religious

denominations the right to manage their own affairs in matters of religion, including
the establishment and maintenance of religious institutions, subject to public order,
morality, and health.

4. Article 27: Freedom from Taxation for Promotion of Religion: Article 27 prohibits
the levying of taxes for the promotion or maintenance of any particular religion or
religious institution, ensuring financial neutrality on religious matters by the state.

5. Article 28: Freedom from Religious Instruction in Educational Institutions: Article

28 ensures that no religious instruction shall be provided in any educational institution
wholly maintained by the state, while also allowing religious instruction in institutions
established by minority communities.

6. Protection under the Indian Penal Code (IPC): The Indian Penal Code contains
provisions that safeguard religious sentiments and prohibit hate speech, incitement to
violence, and acts intended to outrage religious feelings. Sections such as 153A
(Promoting enmity between different groups on grounds of religion) and 295A
(Deliberate and malicious acts, intended to outrage religious feelings) are aimed at
maintaining communal harmony and religious tolerance.

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 7. International Human Rights Instruments: India is a signatory to various
international human rights instruments that uphold the principles of religious freedom
and non-discrimination. These include the Universal Declaration of Human Rights
(UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the
International Convention on the Elimination of All Forms of Racial Discrimination
(ICERD). India's commitment to these treaties reinforces its obligations to protect and
promote religious freedoms within its territory.

8. Judicial Interpretation and Precedents: The Indian judiciary, particularly the

Supreme Court, plays a crucial role in interpreting and safeguarding religious freedoms
through landmark judgments. Cases such as S.R. Bommai v. Union of India (1994),
which upheld secularism as a basic feature of the Constitution, and Shayara Bano v.
Union of India (2017), which invalidated the practice of triple talaq, demonstrate the
judiciary's commitment to upholding constitutional values and protecting religious
liberties.

Overall, India's legal framework, encompassing constitutional provisions, statutory laws, and
international commitments, provides a robust framework for safeguarding secularism and
freedom of religion, ensuring the protection of individual rights and fostering religious
harmony in a diverse society.

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 FORMS OF SECULARISM: COMPARATIVE ANALYSIS BETWEEN
INDIA VS UK

1. Constitutional Framework: Secularism in India is enshrined in the Constitution,

which mandates state neutrality in religious matters and guarantees religious freedom
to all citizens. Articles 25 to 28 of the Indian Constitution protect the right to freedom
of religion, while Article 15 prohibits discrimination on the grounds of religion.

2. Equal Treatment of All Religions: Indian secularism emphasizes equal respect and
treatment for all religions, with the state intervening to protect the rights of religious
minorities and promote religious harmony. The Indian state provides financial
assistance and regulatory support to religious communities without favoring one
religion over others.

3. Pluralistic Society: India's secularism is shaped by its diverse and pluralistic society,
where multiple religions coexist. The state aims to accommodate religious diversity
while maintaining a policy of non-interference in religious affairs.

4. State Intervention in Religious Matters: Unlike secularism in some Western

countries, Indian secularism allows for state intervention in religious matters, such as
the regulation of religious institutions and the enactment of laws to promote social
reform and gender equality within religious communities.

Secularism in the United Kingdom:

1. Absence of an Official State Religion: The United Kingdom practices a form of

secularism characterized by the absence of an official state religion. While the Church
of England is the established church, its influence in governance is largely symbolic,
and the state does not favor one religion over others.

2. Neutrality of the State: British secularism emphasizes the neutrality of the state in
religious matters. The government does not intervene in religious affairs and respects
the autonomy of religious institutions.

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 3. Religious Pluralism and Tolerance: Similar to India, the UK is a diverse and
pluralistic society with a range of religious beliefs and practices. British secularism
promotes religious pluralism and tolerance while ensuring that no religion receives
preferential treatment from the state.

4. Separation of Church and State: While the Church of England is the established
church, British secularism maintains a separation between church and state. The
government does not interfere in the internal affairs of religious institutions, and
religious leaders do not hold formal political power.

In summary, while both India and the UK practice secularism, they do so within different
historical, cultural, and legal contexts. India's secularism is characterized by state intervention
in religious matters, protection of religious minorities, and promotion of religious harmony in
a diverse society. In contrast, the UK's secularism emphasizes the neutrality of the state, the
absence of an official state religion, and the separation of church and state.

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 SECULARISM AND SOCIAL COHESION

Secularism plays a crucial role in fostering social cohesion in India by promoting inclusivity,
tolerance, and respect for religious diversity. Here's how secularism contributes to social
cohesion in the Indian context:

1. Unity in Diversity: India is known for its rich cultural and religious diversity, with
followers of various religions, languages, and cultures coexisting harmoniously.
Secularism serves as a unifying force by recognizing and celebrating this diversity
while emphasizing the common values of tolerance, pluralism, and unity.

2. Protection of Minority Rights: Secularism in India is characterized by the protection

of minority rights, ensuring that religious minorities have equal rights and
opportunities. Constitutional provisions guarantee religious freedom and prohibit
discrimination on the basis of religion, safeguarding the rights of minorities to practice
their faith without fear of persecution or marginalization.

3. Interfaith Dialogue and Harmony: Secularism encourages interfaith dialogue and

understanding, fostering positive interactions among people of different religious
backgrounds. Initiatives promoting religious tolerance, cultural exchange, and dialogue
contribute to building bridges between communities and promoting social cohesion.

4. Prevention of Religious Polarization: By maintaining a secular stance, the Indian state

avoids favoring any particular religion or community, thereby preventing religious
polarization and communal tensions. Secular governance ensures that decisions are
made based on principles of justice, equality, and impartiality, rather than religious
affiliations.

5. Secular Institutions: Secularism in India is reflected in the functioning of state

institutions, which are expected to remain impartial and neutral in religious matters.
The judiciary, legislature, and executive branches uphold secular principles, ensuring
that laws and policies are applied uniformly to all citizens, regardless of their religious
beliefs.

6. Promotion of Citizenship and Inclusivity: Secularism promotes a sense of citizenship

that transcends religious identities, encouraging individuals to identify with the nation

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 as a whole rather than with specific religious or communal groups. This inclusive notion
of citizenship fosters a shared sense of belonging and solidarity among diverse
communities.

7. Protection Against Religious Extremism: Secularism serves as a bulwark against

religious extremism by advocating for a secular public sphere where religious beliefs
are respected but do not dictate political or social life. By maintaining a secular state,
India mitigates the risks of sectarianism and radicalization, thereby contributing to
social stability and cohesion.

In essence, secularism in India serves as a foundational principle for promoting social cohesion,
harmony, and inclusivity in a diverse and pluralistic society. By upholding the values of
religious freedom, equality, and impartiality, secularism plays a vital role in fostering a sense
of belonging, respect, and mutual understanding among all segments of society.

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 CASE STUDIES: SECULARISM IN PRACTICE

CASE STUDY 1: AYODHYA DISPUTE

The Ayodhya dispute 2is a prominent example of secularism in practice in India, showcasing
the challenges and complexities of maintaining secular governance in a diverse society. The
dispute revolves around the Babri Masjid-Ram Janmabhoomi site in Ayodhya, Uttar Pradesh,
where Hindu nationalists claim that a temple dedicated to Lord Ram once stood before it was
demolished by Babur, the first Mughal emperor, to build a mosque in the 16th century.

The dispute escalated over the years, leading to communal tensions and violence, culminating
in the demolition of the Babri Masjid by Hindu extremists in 1992. This event triggered
widespread riots and further polarized communities along religious lines.

In response to the dispute, the Indian state intervened to maintain peace and uphold the rule of
law while navigating the delicate balance between religious sentiments and legal principles.
The case underwent extensive judicial scrutiny, with multiple legal battles fought over
ownership of the disputed site.

In November 2019, the Supreme Court of India delivered a landmark verdict, ruling in favor
of the construction of a Hindu temple at the disputed site while also ordering the allocation of
a separate plot of land to the Muslim community for the construction of a mosque. The court's
decision sought to reconcile religious beliefs with the principles of secular governance,
emphasizing the importance of justice, equality, and inclusivity.

The Ayodhya dispute exemplifies India's commitment to secularism by ensuring that legal and
constitutional mechanisms are employed to address religious conflicts and uphold the rights of
all communities. Despite the complexities and sensitivities involved, the case demonstrates the
resilience of India's secular institutions in resolving contentious issues through dialogue,
negotiation, and legal recourse.

2
CIVIL APPEAL NO. 10866-10867 OF 2010.

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CASE STUDY 2: UNIFORM CIVIL CODE

The debate over the implementation of a Uniform Civil Code (UCC)3 in India provides another
case study of secularism in practice. A UCC aims to replace personal laws based on religion
with a common set of laws governing matters such as marriage, divorce, inheritance, and
adoption for all citizens, irrespective of their religious affiliations.

Proponents of a UCC argue that it would promote gender equality, social justice, and national
integration by eliminating discriminatory practices embedded in personal laws. They argue that
a common set of laws based on principles of equality and justice is essential for upholding
secular values and ensuring equal rights for all citizens.

However, the issue of implementing a UCC has been contentious, with religious minorities
expressing concerns about the potential erosion of their cultural identity and religious
freedoms. Critics argue that a UCC could undermine religious pluralism and infringe upon the
rights of minority communities to govern their personal affairs according to their religious
beliefs.

The debate over the UCC reflects India's ongoing struggle to balance secular governance with
religious diversity and individual rights. While secularism advocates for a common civil code
to uphold principles of equality and justice, the challenge lies in reconciling these principles
with the diverse religious practices and beliefs of India's multicultural society.

Secularism in practice requires navigating these complex dynamics through dialogue,

consensus-building, and respect for constitutional principles. The case of the UCC underscores
the importance of promoting inclusive policies that respect religious diversity while upholding
fundamental rights and ensuring social cohesion in a pluralistic society like India.

3
The UCC is defined in the Constitution under Article 44 of Directive Principles of State Policy. It states that it is
the duty of the state to secure for the citizens a Uniform Civil Code throughout the territory of India

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 CONCLUSION

In conclusion, the study on secularism in the context of freedom of religion illuminates the
intricate relationship between these two fundamental principles and their implications for
governance, society, and individual liberties. Through historical analysis, comparative
perspectives, and case studies, several key insights have emerged.

Secularism, as a guiding principle, advocates for the separation of religion from state affairs,
aiming to establish neutrality and impartiality in matters of governance while safeguarding the
rights of individuals to practice their faith freely. This principle is essential for fostering social
cohesion, promoting religious pluralism, and upholding democratic values in diverse societies.

Freedom of religion, enshrined in international human rights instruments and national

constitutions, guarantees individuals the right to worship, observe religious rituals, and
manifest their beliefs without coercion or discrimination. It serves as a cornerstone of
individual liberty and underscores the importance of respecting religious diversity within
society.

However, the study also highlights the challenges and tensions inherent in the coexistence of
secularism and freedom of religion. Issues such as religious extremism, identity politics, and
communal tensions pose significant obstacles to the realization of these principles in practice.
Debates over the limits of state intervention in religious affairs, the accommodation of religious
practices in public life, and the protection of minority rights underscore the complexities
surrounding secular governance in multicultural societies.

Despite these challenges, the study underscores the resilience of secularism and the importance
of upholding its principles in safeguarding individual freedoms, promoting social cohesion,
and fostering inclusive societies.

In conclusion, the study underscores the importance of a nuanced understanding of secularism

and freedom of religion, recognizing their interdependence and the need for balanced
approaches that uphold individual liberties while respecting the diversity of religious beliefs
and practices within society. Through continued research, dialogue, and concerted efforts,
societies can strive towards realizing the ideals of secular governance and religious freedom,
ensuring the protection and promotion of fundamental rights for all individuals, irrespective of
their religious affiliations.

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 REFERENCES

1. https://www.jstor.org/stable/23357741

2. https://articles.manupatra.com/article-details/Freedom-of-Religion-under-Indian-
Constitution

3. https://www.google.com/url?sa=i&url=https%3A%2F%2Fwww.journalppw.com%2F
index.php%2Fjpsp%2Farticle%2Fdownload%2F4709%2F3106%2F5329&psig=AOv
Vaw1e4jBbUybqRcROzJd58gic&ust=1710923456804000&source=images&cd=vfe
&opi=89978449&ved=0CAYQn5wMahcKEwjgztTa9P-
EAxUAAAAAHQAAAAAQBg

4. https://www.journalppw.com/index.php/jpsp/article/download/4709/3106/5329
5. https://www.legalserviceindia.com/legal/article-3691-secularism-and-right-to-
religion.html

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