Secularism

BY CHIRAG SINGH
 Definition.
• The term “Secular” means being “separate” from religion or having no religious basis. Religion is open to one and all and is
given as a personal choice to an individual without any different treatment to the latter.

• Secularism not connected with religious or spiritual matters. It is a worldly rather than spiritual concept. Not specifically
relating to religion or to a religious body can be called secularism.

• With the 42nd Amendment of the Constitution of India (1976), the Preamble to the Constitution asserted that India is a
“secular” nation. Institutions started to recognize and accept all religions, enforce parliamentary laws instead of religious laws,
and respect pluralism.

• In India, secularism means equal status to all religions. The Secular State is a state which guarantees individual and corporate
freedom of religion, deals with the individual as a citizen irrespective of religion, is not constitutionally connected to a
particular religion nor does it seek either to promote or interfere with religion.
 MANIFESTATIONS OF
SECULARISM
It has 3 manifestations:
1. Differentiation: Religion will no longer be all encompassing and its presence will
only be restricted to the cultural domain.
2. Privatisation: Since religion is a matter of faith, it will be confined to the domestic
space.
3. Decline in the social significance of Religion: The presence of religion in public
space will be prohibited and hence its social significance will decline.
o Soft secularism: Soft secularism argues for a legal separation of Religion & the State. It is tolerant
of religion and religious differences, and favours political accommodation of the religion while
rejecting the state interference that may undermine religious freedom. Seen in the USA. E.g. No
school prayer, No Government funds to religious bodies, etc.

o Hard secularism: Hard secularism militates for complete separation of Religion and the State. It
may even be seen as hostility towards organized religion in general. Seen in France. E.g.: Banning of
face covering niqabs and burqas in France.

o Positive secularism: Positive secularism means mutual and equal recognition of all the religions.

o Negative secularism: Negative secularism connotes non recognition mutual and equal recognition
of any religion.
 INDIAN CONSTITUTION AND SECULARISM
Article 14 The State shall not deny to any person equality before the law or the equal protection of the laws within the
territory of India.

Article 15 (1) Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth; The State shall not
discriminate against any citizen on grounds only of religion, race, caste, sex, and place of birth or any of them.

Article 16 (2) Equality of opportunity in matters of public employment; No citizen shall, on grounds only of religion,
race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of,
any employment or office under the State.

Article 25 Provides for freedom of conscience and the right to profess, practice and propagate the religion of one's choice.
The constitution not only guarantees a person's freedom of religion and conscience, but also ensures freedom for one who
has no religion, and it scrupulously restrains the state from making any discrimination on grounds of religion.

Article 26 Provides freedom to manage religious affairs.

Article 27 'Freedom as to payment of tax: for promotion of any particular religion. No person shall be
compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for
the promotion or maintenance of any particular religion or religious denomination.'

Article 28 Freedom as to attendance at religious instruction or religious worship in certain educational

institutions, which states that no religious instruction shall be provided in any educational institution
wholly maintained out of state funds.

Article 44 It requires the state to 'endeavour to secure for the citizens a uniform civil code’ throughout
India. It is, however, included in the chapter of Directive Principles of State Policy, which has no legal
enforceability.

Article 51 A Fundamental Duties obliges all the citizens to promote harmony and the spirit of common
brotherhood and to value and preserve the rich heritage of our composite culture.
Features of Indian Secularism
• Positive concept: Indian Constitution embodies the positive concept of secularism, i.e. giving equal respect to
all religions or protecting all religions equally.

• Basic feature of Indian constitution: In a landmark judgement in the Bommai case (1994), the Supreme Court
upheld that secularism is a ‘basic feature’ of the Constitution. Hence, a state government pursuing anti-secular
politics is liable to action under Article 356.

• Concurrent power: The 7th schedule of Indian constitution places religious institutions, charities and trusts
into concurrent List.

• Secularism as means of modernization: Our secularism is not shaped by orthodox, obsolete and narrow
beliefs, but it is the replica of modern values, progressive thoughts and scientific outlook.

• Equality: The Constitution of India does not uphold any particular religion as the official religion of the Indian
State. It prevents the State from discriminating against any citizen on the grounds of religion (Article 15).
• Focus on Harmony: Indian secularism focuses on harmony among all religions rather than tight separation
between state and religion. It allows the state to prevent conflicts on the basis of religion through timely
interventions which would have been disastrous for the state if not controlled.

• Secularism as scientific education: Indian education is scientific and predicated on the Western system.
Education here is not a reinforcement of religious maxims

• Room for religious reforms: Indian secularism is broader in a sense that it allows state intervention to help
reform various evils and superstitions. E.g. Many rules in Karnataka allowed the government to curb superstitions
that were against human rights.

• Secularism as a fundamental right: Secularism is constitutionally protected. Religious freedom is more

protected and is subject to be enforced by the judiciary, in case of breach.

• Protect rights over religion: By accepting community-based rights for religious minorities, the state can protect
the rights of Indian citizens. All persons are equally entitled to freedom of conscience and the right to freely
profess, practice and propagate any religion (Article 25).
• Tolerance: By acceptance of all religions rather than tight separation it reflects a tolerant attitude of the state
and its people.

• Secularism as cultural heritage: Indian secularism is embedded in the rich ancient culture of our country. It
respects the traditional customs, beliefs and practices and also protects them at the interest of citizens.

• Liberal: Many religiously sanctioned social practices are oppressive by virtue of their illiberal and
nonegalitarian character and deny a life of dignity and self-respect. Therefore, Indian secularism helps liberal
and egalitarian principles by reforming such practices through state intervention (codifying the personal laws).
 THE INDIAN MODEL OF
SECULARISM
• Indian philosophy of secularism is related to “Sarva Dharma Sambhava” which means equal respect to all religions.
• No official religion: India does not recognize any religion as official. Nor does it owe allegiance to any particular religion.
India does not have an official state religion. However, different personal laws – on matters such as marriage, divorce,
inheritance, alimony varies with an individual’s religion.
• There is neutrality in religion, India does not intercept the affairs of any specific religion. It respects all religions on par
with one another.
• It assures religious freedom to the members of all religions. Citizens are free to choose and abide by their religions
• Indian secularism is a “means” to address religious plurality and is not an “end” in itself. It sought to achieve the peaceful
coexistence of different religions.
• Indian secularism equally opposed the oppression of Dalits and women within Hinduism, the discrimination against
women within Indian Islam or Christianity, and the possible threats that a majority community might pose to the rights of
the minority religious communities. This is its first important difference from mainstream western secularism.
 THE WESTERN MODEL OF
SECULARISM
• In the West, the word secular implies three things:
o Freedom of religion,
o Equal citizenship to each citizen regardless of his or her religion,
o The separation of religion and state.
• No policy of the state can have an exclusively religious rationale. No religious classification can be the basis of any public
policy. • As per the western model of secularism, the “State” and the “religion” have their separate spheres and neither the
state nor the religion shall intervene in each other’s affairs.
• Similarly, the state cannot aid any religious institution. It cannot give financial support to educational institutions run by
religious communities.
• Nor can it hinder the activities of religious communities, as long as they are within the broad limits set by the law of the
land.
• The western concept of secularism requires complete separation of religion and state.
• Finally, this form of mainstream secularism has no place for the idea of state-supported religious reform. This feature
follows directly from its understanding that the separation of state from church/ religion entails a relationship of mutual
exclusion.