India is one of the countries which comprise Secularism. Indian society mainly speaks of the ‘Santana Dharma’ based on the scripts and sculptures found in history. With historical invasions and events on the land of India, the society also adopted various religions. With the French, Portuguese, Dutch, British and Mughal invasion and reign, Indian society even after the independence, was left with so many religions and their followers. Since India accepted all the then existing religions, the 42nd amendment to the Constitution of India added the term secular to the preamble in 1976, leading to India officially becoming a secular country in 1976. But if we compare the definition of Secularism with the Indian laws, can we count India as Secular? From the perspective of spiritual passions permeating political relationships, one might wonder whether India is a truly secular country or a theocracy.
Introduction
The idea of Secularism is not Indian but a western concept. It emerged after a long history of war based on religious motives and extreme political interference by the Church. However, the meaning of Secularism in India is contrasting with the western meaning. In Western society, secularism means to all people the complete separation of the state from religion and religious institutions. However, in Indian society, secularism means equal treatment of all religions and non-discrimination among followers of different religions, and all religions shall live with peace.
Definition of Secularism
As per the dictionary meaning, Secularism is the credence that religion shall not be involved with the standard social and political activities of a Country. In India, the definition of Secularism was first described by the Supreme Court in the case of S.R Bommai v. Union of India. The court, in this case, held that “Secularism” is the fundamental attribute of the constitution and any State Government which acts in opposition to that ideal can be dissolved by the President. In issues of State, religion has no place. Court further described Secularism as–
- Depletion of religious convolution particularly when such convolution adversely affects the other religion.
- Managing the non-religious activities associated with a particular religious practice.
- Assist the secular values in the society.
Brief History of Secularism in India
As per our first Prime Minister Jawaharlal Nehru, having a Secular State was a crucial mark of modernity. He said – we have solely done one thing that every country does, aside from a couple of misguided and backward Countries. The irony was, Nehru along with BR Ambedkar, chairman of the Constitution Drafting Committee, most opposed to the idea of including the word “secular” in the preamble of the Constitution. On November 15, 1948, during a heated debate in the Constituent Assembly about the nature of the Constitution in the newly Independent dominion of India, Prof KT Shah intervened, demanding that the word “Secular” be included in the preamble. While the members agreed on the nature of the Indian state adhering to secular principles during the subsequent debate, the word “secular” was removed from the preamble.
In May 1958, Jawaharlal Nehru stated at an open session of the All India Congress Committee in New Delhi that “Majority communalism is much more dangerous than minority communalism”. He argued that such communalism disguise as Nationalism. Therefore, communism has taken root in us quickly manifested under the slightest provocation. When this Communism was awakened within them, even decent people began to behave like barbarians. About twenty years later, the government led by Indira Gandhi included it in the document as a part of the 42nd Constitutional Amendment.
Is India a Secular Nation?
The major reason behind the conundrum of Secularism in India is its distinct meaning from other countries. Thus, in India, no one knows the literal and the exact meaning of Secularism. In India, the lay sense of Secularism is the government will treat Hindu, Muslim, Sikh, Christian, and all other religions equally. But, is the law treating all religions equally? The answer to it is, No. As in our legislature, there are separate laws for different religions. Such as, if a Hindu man marries more than one woman or has an extramarital affair, then it is illegal as per the law, but in the case of a Muslim man who marries more than one wife then it is completely legal as per law.
As per the critics, India’s form of Secularism is “pseudo-secularism”. Supporters believe that any attempt to introduce a Uniform Civil Code, that is to implement an equal law for all citizens, regardless of their religious beliefs, shall impose the sensibilities and ideals of the majority of Hindus. Critics also argue that India’s adoption of Sharia and religious laws violates the principle of Equality before law. The reasons, why we can’t consider India as Secular Country are as follows:-
The Discriminated Legislature
In India, Article 25(1) of the Constitution provides for freedom of religion, however, the Madhya Pradesh government passed an anti-conversion law in parliament for the first time during the era of Nehru in 1954. From that point, 7 state assemblies i.e. Gujarat, Chhattisgarh, Himachal Pradesh, Arunachal Pradesh, Rajasthan, Orissa, Tripura, and Uttar Pradesh have handed legal guidelines significantly limiting conversion from Hinduism to different religions at the same time as facilitating conversion to Hinduism.
Management of the Temples
The Government of India has control over the Temples but does not have any control over Mosques, Church, or other religious institutions. On 8 April 2019, Supreme Court asked that, after several devotees went to the Jagannath Temple in Puri and were persecuted, why did government officials manage the country’s religious sites and temples? Hon’ble Judge Venugopal said asked – how far the government, in a secular state, can control or manage a temple?
Different laws for different Religions
As per Article 44 of the Indian Constitution, India shall have a Uniform Civil Code that means uniform law for all religions. However, there are personal laws for Hindus, Muslims, Christians, Zoroastrians, and Jews. The only Indian religion that falls exclusively under the secular law of India is Brahmoism from Act III of 1872. But, India does not have a Uniform Civil Code. Goa is the only state in India, which has the Uniform Civil Code.
The system originated from Portuguese colonial rule and continues to this day. The Goa Civil Code is a series of Civil laws that regulate the lives of residents of Goa. In India, there are usually civil laws specifically to specific religions, respectively regulating believers of different religions such as Hindu Law or Muslim Law. Goa is an exception to this rule because a secular code/ law governs all Goa regardless of religion, race, or language.
Reservation in Employment
Politics and Religion
At the time of independence, religion was not used for political purposes. The strange thing is that local politics has gained power after 40 years of national rule. If it is fully constrained by traditionalism’s power, it emerged when the modern power of India becomes stronger in Indian Society and economy. Since the 1960s, the style, language, and behavior of Indian politics have undergone fundamental changes, reflecting the true cultural understanding of Indian rural society. It is not the ideal of the western elite who inherited power during Nehru’s rule. The Secularism of party politics that began 40 years ago is a shameful doctrine practiced by all political parties and even supposed Secular forces.
This Secularism eliminated all the values of the central idea and replaced them with opportunism. Their tacit slogan is an opportunistic distance (compliance or non-compliance), but mostly opportunistic alliances with religious communities, especially for winning the election immediately. Political parties are using Religion as their ticket for victory, for decades. In the case of Abhiram Singh v. C.D. Commachen, the court elucidates Section 123(3) of the Representation of the People Act of 1951, which penalizes the electoral act of “alluring people to vote or abstain from voting because of religion, race, community or language”.
Recently in the Bengal Elections, the Congress, the Leftaligned Parties, and the Trinamool Congress have all worked to secure the Muslim vote, which shows that politics in Bengal is driven by the belief that whoever Muslims vote for wins. In India, Majlis-e-Ittehadul Muslimeen (MIM), Indian Union Muslim League (IUML), Shiromani Akali Dal (represents Sikh ideology), are entirely religion-based parties. The only limitation to them is that once the electoral process has started, they cannot seek a vote on behalf of religion and their candidates must take an after winning the elections to abide by the Constitution. However, these limitations are not very effective.
Growth of Communalism in India as a threat to the religious peace and Secularism
Communalism is considered the main threat to religious peace and Secularism. With the development of nationalism at the end of the 19th Century and the beginning of the 20th Century, the communal feeling has also increased. It quickly became one of the threats to the national movement and unity of the Indian people.
In India, the number of religious organizations has increased drastically, especially the right-wing Hindu organizations such as Rashtriya Swayamsevak Sangh (RSS), Vishwa Hindu Parishad (VHP), and Bajrang Dal. Political parties such as BJP and Shiv Sena are also on the right-wing Hindu organizations. BJP has the support of RSS or the political cover of RSS. RSS is a politically sensitive organization. It has created local branches to encourage young people to unite as cadres, thereby disseminating its views throughout India. After Mahatma Gandhi was murdered, RSS was banned for several years, but after the ban was lifted, RSS developed rapidly. In the 1960s, RSS volunteers participated and initiated various campaigns across the country, from student organizations to trade unions. The Indian Nationalist movement began to invade the Religious peace and the stand of Secularism in India.
It is a mistake to assume that religion as an ideology or communism emerged after Independence and is a response to the politics of secularism. The British colonial government made significant contributions to enhance the differences between religious groups. As we call it the “Divide and Rule” policy of the British Government.
Existing jurisprudence where secularism won
In the landmark Judgment case of Mary Roy v. the State of Kerala, Mary won a long battle for equal rights over the property of her father, a Syrian catholic. In this case, she challenged the Travancore Syrian Christian Succession Act of Christian Personal Law.
In the case of M/S Shabnam Hashmi v. Union of India & Ors, a three-person jury of the Supreme Court chaired by the then Chief Justice of India, P. Sathasivam, held that Muslim women have the right to legally adopt children, although their personal rights do not give them this kind of right.
In the case of Abc v. State (NCT of Delhi), the Supreme Court stated that a single mother in India can become the sole guardian of a child without the father’s consent. In 1999, at Githa Hariharan v. Reserve Bank of India, the Supreme Court challenged the Constitutional validity of Section 6 of the Hindu Minority and Guardianship Act of 1956, which viewed the father as the natural guardian of a Hindu child. The Supreme Court argued that “the father cannot be given preferential rights over the mother in matters of guardianship”.
In the last year Judgment of Vineeta Sharma v. Rakesh Sharma, the Supreme Court ruled that daughters enjoy equal rights to coexist on the land of Hindu Undivided Family (HUF), even if they were born before the amendment of the Hindu Succession Act in 2005, regardless of whether their relatives and fathers died before the amendment.
Comparison with the Western Secularism
Initially, Secularism appeared within the west, in the classical philosophy and politics of ancient Greece, and later disappeared for a while after the fall of Greece. It is known that the word Secularism comes from late medieval Europe. While the historical legacy of Secularism has led Western civilization to develop a brand of Secularism that sought to emphasize the separation of Church and State, the history of India has led to a different conclusion. In India, both State and Religion can interact within the framework of laws and judicial norms as we can observe in the Indian personal law. Also, the 7th Schedule of the Indian Constitution lays down religious institutions, charities, and trusts into a Concurrent list, which means that both the Central government of India and various State governments can make their laws regarding religious institutions, trusts, and charities.
The expression secularism in India is also different from the French concept of secularism, namely ‘laïcité’. While the French Concept provides for the exclusion of state institutions in religion and the exclusion of religion in state institutions and schools, the Indian Concept, on the contrary, suggests religious support for religious schools and accepts religious law for government institutions. According to an article of the Outlook, ‘ a better term for Indian Secularism would be religious tolerance, rather than importing and redefining the Western concept of Secularism.
Conclusion
India is recognized worldwide as an extremely diverse country made up of different religions, castes, and races. It is almost difficult to live with religious appeasement in such a diverse country. However, India has been an exception as it exhibits religious peace for many years. The purpose of secularism is to adapt to different social groups and to overcome the tendency to destroy the social fabric of society. India has adopted many religions, sects, and communities since ancient times. These religions, sects, and communities have shown tolerance and a real sense of unity, creating a tolerant country with social continuity. But the argument about whether or not India is secular is almost endless.
According to most critics, India cannot, by its ideal definition, be considered ‘a secular country’. However, the Indian definition of secularism is different from the western one. While we adhere to our Indian laws, India doesn’t even qualify the definition of Indian secularism as, in India, some religions have their own personal laws, mostly related to marriage, adoption, and divorce. Often the Supreme Court has preferred secularism to personal law, but there is no Uniform Civil Code in India except in Goa. Having a unified law in a diverse country is a vital aspect of keeping the peace and reducing the confusion of the law. However, the involvement of politics and religion is diluting religious appeasement. The greatest threat to Indian secularism is the increasing pace of Communalism. India has traits of Secularism, however, without a Uniform Civil Code, Indian can never be truly considered a Secular Country.
Editor’s Note
The article focuses on the Religious Appeasement of Secularism and defines the term secularism as per laws governing India. It also gives us a brief history of secularism in India. The author has perpetrated upon the question that whether India can be considered as a secular nation or not and has looked into various factors while answering this question in detail. The author has further dealt with the concept of politics and religion and how communalism plays a role in destroying the peace in our country. Various judgments have been looked upon to understand the working of courts in this matter and a comparison has been made to understand the meaning of secularism in western countries. Finally, the author has concluded by answering the question that is India a secular nation or not.