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Introduction
In modern times most of the countries have a mixture of communities and groups belonging to different cultures and religions. The question arises, what should be the basis of the peaceful existence of these communities together and how should the State act to ensure equality for each of them?
The answer lies in understanding the concept of secularism and the secular State.
What is Secularism?
Secularism is a normative doctrine that seeks to realize a secular society, i.e., one devoid of either religious or intra-religious domination. It promotes freedom and equality between, as well as within, religions. It also involves the role of the state in a multi-religious society.
What are the features of a secular state?
The salient characteristics are:
a) State must not be run by religious groups. To have harmony, freedom, and equality religious institutions and state institutions must be separated.
b) State should protect both believers and non-believers.
c) State should maintain democracy and fairness. No religious or political affiliation should give advantages or disadvantages
Hence a secular state must be committed to principles which include peace, religious freedom, and freedom from religiously grounded oppressions, discrimination and exclusions, as also inter-religious and intra-religious equality.
Western vs Indian Model of Secularism
We will now consider two such conceptions: the mainstream western conception best represented by the American state, and an alternative conception best exemplified by the Indian state.
THE WESTERN MODEL OF SECULARISM
• All secular states have one thing in common: they are neither theocratic nor do they establish a religion.
• Inspired mainly by the American model, separation of religion and state is understood as mutual exclusion i.e.
the state will not intervene in the affairs of religion and, in the same manner, religion will not interfere in the affairs of the state.
Each has a separate sphere of its own with independent jurisdiction.
No policy of the state can have an exclusively religious rationale.
No religious classification can be the basis of any public policy.
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. For example, if a religious institution forbids a woman from becoming a priest, then the state can do little about it. If a religious community excommunicates its dissenters, the state can only be a silent witness. If a particular religion forbids the entry of some of its members in the sanctum of its temple, then the state has no option but to let the matter rest exactly where it is.
There is little scope for community-based rights or minority rights.
While strict separation of the state from the church is emphasised to realise among other things, individual freedom, issues of inter-religious (and therefore of minority rights) equality are often neglected.
THE INDIAN MODEL OF SECULARISM
Indian secularism is fundamentally different from Western secularism. Indian secularism does not focus only on church-state separation and the idea of inter-religious equality is crucial to the Indian conception. Let us elaborate this further.
What makes Indian secularism distinctive?
• First important difference from mainstream western secularism is the idea of inter-community equality. The advent of western modernity brought to the fore hitherto neglected and marginalized notions of equality in Indian thought. It sharpened these ideas and helped us to focus on equality within the community.
• It also ushered ideas of inter-community equality to replace the notion of hierarchy. Thus Indian secularism took on a distinct form as a result of an interaction between what already existed in a society that had religious diversity and the ideas that came from the west.
• It resulted in an equal focus on intra-religious and inter-religious domination. 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.
• Indian secularism deals not only with the religious freedom of individuals but also with the religious freedom of minority communities. Within it, an individual has the right to profess the religion of his or her choice. Likewise, religious minorities also have a right to exist and to maintain their own culture and educational institutions.
• Since a secular state must be concerned equally with intra-religious domination, Indian secularism has made room for and is compatible with the idea of state-supported religious reform. Thus, the Indian constitution bans untouchability. The Indian state has enacted several laws abolishing child marriage and lifting the taboo on inter-caste marriage sanctioned by Hinduism.
Concept of Secularism in the Constitution
Secularism is one of the ideals of the Indian constitution.
Preamble of our Constitution provides for India to be a secular state. It secures social justice, liberty of belief faith and worship and equality of status and of opportunity to all its citizens. These values make credential for India to be a secular country.
There are several provisions in the constitution that provide for the state to act in a secular manner.
• Article 14 of the Constitution of India provides for the equality before the for all the law to all its citizens
• Article 15 prohibits the discrimination on ground of religion, race, caste, sex or place of birth. It is essential that these public services are secular at the point of use so that no-one is disadvantaged or denied access on grounds of religious belief (or non-belief.)
• Article 16 of our constitution defends this right for all its citizens, while Article 18 addresses the issue of Intra religious inequality by abolishing the untouchability.
• Secularism ensures that the right of individuals to freedom of religion is always balanced by the right to be free from religion.
• Article 25 explicitly mention about religious freedom for individual i.e. freedom of conscience and free profession, practice and propagation of religion, similarly religious minorities also have a right to exist and to maintain their own culture and educational institutions.
• Article 26 defend the right of a religious community to manage its religious affairs.
• Article 29 and 30 ensures the collective freedom of religion i.e. minority’s right to protect their culture and establish and administer educational institution. This is very different from western secularism which interprets freedom and equality in an individualist manner.
• Indian Constitution does not favour complete separation of the religion from the state. In India as per Article 27 of the constitution, state cannot favour any particular religion however it can promote all religions equally.
• Certain Duties mentioned in Article 51A make the secular thread stronger by the participation of citizens. These include to abide by the constitution and respect its ideals and institutions, to uphold and protect the sovereignty, unity and integrity of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities, to value and preserve the rich heritage of the country’s composite culture and to develop the scientific temper, humanism and the spirit of inquiry and reform.
• Article 326 of the constitution ensures the democratic participation of the entire citizens so that the democracy should be truly representative. This article provides that no person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on ground of religion, race, caste or sex.
Steps needed for its establishment
• Justice to all citizens
• Affirmation of all reasonable religious identities
• Rejection of majority communalism
• The government should prevent religion-based violence, oppression and discrimination.