Secularism in India: Navigating Challenges to Harmony

 Introduction: The word 'Secular' was added to the Preamble of the Indian Constitution by 42nd Constitutional Amendment Act (1976), reflecting India's pluralistic ethos.

What is Secularism?

• It is an idea that advocates separation of religion from state along with state's neutrality in the religious affairs of its citizens.
• Secularism in practice existed in ancient times also such as in ancient Greece where a limited version of secularism was practised.
• In Europe, secularism emerged as a popular ideology during the Age of Enlightenment which emphasized state supremacy over the church unlike the medieval period.
• It can be broadly categorized into:

1. Dharm Nirpekshta: Strict separation of religion from the State.
2. Dharm Shambhava: Equal respect of all religions by the State.

Secularism in Indian Constitution:

• Article 14: Provides equality before law and equal protection of law.
• Article 16 (1): No discrimination on the grounds of religion, race, caste, sex and place of birth in matters of public employment.
• Article 25: Freedom of conscience and the right to freely profess, practise and propagate religion.
• Article 26: Every religious group has the right to establish and maintain institutions for religious and charitable purposes.
• Article 27: Prohibits compelling any person to pay taxes for the promotion and maintenance of any particular religion or religious denomination.
• Article 28: Gurantees freedom of religion in educational institutions. Prohibits religious instruction in state-funded educational institutions.

Evolution of Secularism in India:

• The origin of Indian version of secularism can be traced back to Ashokan Edicts. Rock Edict 7 emphasizes the need to inculcate tolerance towards all religions.
• Akbar's secular policies such as din-e-ilahi and sulh-e-kuhl propagated respect towards every religion.
• Nehru Report (1928) unambiguously stated that "there shall be no state religion for the Commonwealth of India."
• Karachi Session (1931) of Congress declared that "state shall maintain neutrality in regard to all religions."
• The draft constitution presented by Hindu Mahasabha in 1944 insisted that "there shall be no state religion or either centre or provinces."

Landmark Judgements on Secularism:

• Keshavananda Bharati vs. State of Kerala (1973): The Supreme Court of India reiterated the secular nature of the Constitution along with the basic structure.
• S.P. Mittal vs. Union of India (1983): The Supreme Court held that government officials cannot participate in religious activities while on duty.
• Indra Shawney vs. Union of India (1992): The Supreme Court upheld the validity of reservation based on the principle of social and educational backwardness rather than religion.
• S.R. Bommai vs. Union of India (1994): The Supreme Court said that secularism means equal treatment of all religions.
• M. Ismail Faruqui vs. Union of India (1994): The Supreme Cour stated that acquisition of a religious place of worship by the government does not violate the right to freedom of religion. 

How is Indian Secularism Different from Western Secularism?

• Indian Secularism:

1. Represents the positive concept of secularism i.e equal respect towards all religions or 'principled distance.'
2. Allows state support of religious schools, buildings and infrastructure in terms of funding.
3. Empowers the state to bring religious reforms e.g abolishing untouchability, triple talaq and child marriage.

• Western Secularism:

1. Embodies a strict separation of religion from the state.
2. No state support to promote religious affairs is permitted.
3. Does not endorse the idea of state-sponsored religious reform.

Criticism  of Indian Version of Secularism:

• Promotes marginalization and neglect of religious practices, leading to cultural erosion.
• Secularism's emphasis on uniformity in legal affairs perpetutates conflict with personal laws.
• Secularism has been used as a tool to crush freedom of speech and expression with respect to criticism of negative religious practices.
• Selective application of secular policies creates perception of bias or favoritism, encouraging communal tension.

Threats to Secularism in India:

• Use of religion for vote bank politics encourages communal violence, leading to social disharmony, discrimination and violence against minorites e.g mob lynching.
• Radicalization and growth of extremist ideologies promote intolerance among religious groups and undermines peaceful coexistence.
• Lack of willingness to implement an Uniform Civil Code (UCC) further enables religious division and weakens the secular fabric of the country.
• Prevalence of caste discrimination undermines religious equality by creating division.

Way Forward:

• Strengthen the legal framework by enacting stringent laws against hate speech and communal tension.
• Revise and reform personal laws to eliminate discriminatory practices and align these laws with constitutional principles.
• Launch awareness campaigns to educate citizens about the values of religious tolerance, peaceful cohabitation and mutual understanding.
• Political parties should be held accountable for exploiting religious sentiments for narrow political interests.
• Design inclusive policies to promote socio-economic equality and foster inclusivity.