Author: Dhanya Hegde, Student at MKPM RV Institute of legal studies
ABSTRACT
This article embarks on a comprehensive exploration of secularism as a foundational principle of Indian constitution that has been practiced in India over the years. This article discusses the constitutional and legal provisions safeguarding the religious freedom of the people of the country. Furthermore, the emphasis is given on the intersection between the principle of secularism and essential religious practices to resolve the delicate balance required for a diverse society.
INTRODUCTION
India is the most populated country in the world with approximately 1.4 billion population practicing different religions, beliefs, culture, language, and traditions. These are the key elements of individuals and group formation in India playing a significant role in shaping social divisions. These divisions become more evident in the plural societies where the religious differences are more visible.
Secularism becomes essential in such societies to protect diversity and mutual respect among religions, preventing predominance of a majority religion and ensuring fundamental rights within the framework of the constitution.
OVERVIEW ON SECULARISM
Secularism is a key principle that is enshrined in the Indian constitution that serves as a pillar for the nation’s democratic framework. In general secularism means separating religion from political, economical, and cultural aspects of a nation. This principle is followed in most of the countries like France, Germany, Sweden and many other nations including nations in Europe, Asia, America.
The idea of secularism in India is inspired from the Vedic principle of “Dharma Nirapekshata,” which signifies that the state is neutral toward religion. The Indian Constitution takes initiative to address potential problems on secularism by guaranteeing equal respect and protection for all religions. The base of secularism in India lies in its neutral and inclusive stance in religious matters.
The constitution of India mandates to separate religion from governance for a harmonious coexistence of citizens of all faiths in the country. The term “secular” was included in the preamble by the forty-second Amendment Act, 1976, which declared India to be a sovereign, socialist, secular, and democratic republic. This highlights that India has no official religion. The state acknowledges and protects all religions equally, without favouring or endorsing any specific faith.
CONSTITUTIONAL PROVISIONS AND JUDICIAL INTERPRETATION
Every individual living in India irrespective of their nationality has the right to choose and practice the religion of their choice. Right to freedom of religion is a fundamental right provided under Articles 25, 26, 27 and 28 of the Indian constitution. These rights are not not only available to the citizens of India but also to every individual residing in India. In the case Ratilal Panachand Gandhi vs The State Of Bombay And Ors.(1954), the honorable supreme court held “Article 25 of the Constitution guarantees to every person residing in India irrespective of their nationality the freedom of conscience and the right to profess, practise and propagate their religion.”
In a landmark case Keshavananda Bharathi v. State of Kerala(1973), the supreme court asserted that secularism is one of the basic structures of the Indian constitution. The fundamental rights given under Articles 14, 15, 16(1), 25, 26, 27, 28, 29, 30 promote secularism by ensuring equality before law and prohibiting any kind of discrimination.
Article 14 of the Indian constitution manifests the principle of equality before the law and equal protection of law. It ensures that all individuals are subjected to the same law and there is no discrimination among individuals on the basis of race, caste, sex, region and religion. In the State of Bombay v. Bombay education society (1954), the court highlighted the importance of application of Article 14 in educational institutions. The judgement emphasised on providing equal opportunities in educational institutions irrespective of their religion.
The freedom to choose, profess and practice the religion of one’s choice is a fundamental right given to every individual inhabited in India. The constitution also provides certain restrictions on this right. It is not an absolute right. The restrictions have been imposed to maintain public order, public health and uphold morality. These restrictions aim to prevent public abuse of religious practices and moral declination. In Durgah committee, Ajmer v. Syed Hussain Ali(1961), the court stressed the necessity to distinguish between essential religious practices and superstitious beliefs.
CHALLENGES TO SECULARISM
In recent times, secularism in India has faced multiple challenges. Though the Indian constitution upholds secularism by ensuring complete religious neutrality, the society remains deeply rooted to the religious practices. This brings a significant challenge to maintain the balance between religious diversity and state’s neutrality.
India has witnessed religious differences, where these communal tensions have become the reason for social unrest, leading to violence and toxic inter-communal relationships. The decades long Ayodhya disagreements regarding Babri Masjid and Ram janmabhoomi judgement was delivered by supreme court in 2019. The communal riots sparked by the Godhra train incident witnessed widespread communal violence, highlighting the need for legislation to prevent communal tensions.
The politicalization of religious issues is a potential threat to secularism. When religious issues become a political tool, there will be long run communal tensions. Political parties often use religious sentiments to get support from the public. The ongoing debate about implications of uniform civil code has been now politicalized. This decade has also witnessed a political issue interwoven with the religious consideration when CAA was implemented.
INTERSECTION BETWEEN RELIGIOUS FREEDOM AND SECULARISM
In the complex interactions between religious freedom and secularism a delicate balance is required to uphold both the principles. Navigation of essential religious practices and secularism is a key to bring a balance in a plural society.
Judiciary plays an important role in balancing the essential religious practices along with secularism. The landmark judgments pronounced by the court serves as a benchmark to resolve the communal tensions. In the context of Triple Talaq, the supreme court in Shayara Bano v. Union of India(2017), underlined the role of judiciary in striking down the practice that was deemed to be an essential religious practice of a religion. The judgement aimed at protecting the freedoms of an individual by abolishing a complex religious practice. There was also a vexed question of interplay of religious freedom with other fundamental rights was correctly answered by the supreme court in Young Lawyers Association v. The State of Kerala(2019), also known as Sabarimala case.
CONCLUSION
This article provides an insight into the concept of secularism and its application in India. India being a diverse country with 1.4 billion population has a rich history and heterogeneous culture and religion. The society is being identified by its religion and social groups are formed on the basis of religion. The constitution enshrined the principle by ensuring equality among the individuals who are subjected to the laws of the land. Religious freedom is considered as a fundamental right available to every individual residing in India.Despite constitutional safeguards, secularism has been facing several challenges in the form of communal tensions, political interference which poses a challenge to maintain the balance between religious diversity and state’s neutrality. But the judiciary is playing a pivotal role in upholding the balance between the essential religious practices and secularism through various landmark judgments.
FAQS
What are considered as essential religious practices?
Essential religious practices are those rituals, customs and traditions that are significant within the religion. These practices are considered as basic elements which are integral to the identity of religious beliefs of a group.
What is the other legislation that safeguards religious freedom?
There are many legislations other than the rights given under the constitution that safeguards religious freedom, which must adhere to the constitution. Protection of civil rights Act(1955), functions to combat discrimination on the basis of caste or religion. Protection of places of worship Act(1991) was enacted to prevent conversion on religious monuments and places of worship. Special marriage Act (1954) and other personal laws related to succession, marriage, divorce, adoption, charitable endowment, contribute to protect religious freedom.
