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Secularism and Right to Religion in India

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This article talks about Secularism and Right to Religion, definition of secularism, whether it a danger, secularism and right to religion and a conclusion.

Introduction:

Secularism is defined as the divorce between the state and the religion, in the Western concept. The word Secularism was first used by a British writer, so we can say that secularism is a Western concept.[1]

But Whether India follow this concept of secularism? Yes, but some changes make it different and known as the Indian concept of secularism. Western concept of secularism defines that there is a divorce between the state and the religion and the state does not interfere with any type of disputes between the citizens related to the religion.

India is a secular state but has a different version of secularism. It was the year 1976 when the 42nd Constitutional Amendment Act came into force consisting of various new sanctions and laws that's why it is also known as the mini-constitution. Well, the important part related to the topic is that the word Secular is being added in the preamble by that amendment as well.[1]

Yes, not expressly but it implies. Attention towards the rituals and the Vedic belief, which originated in our country, gave a widespread aspect in a single word i.e. Dharm Nispeksh means there is no discrimination based on religion, and the ground-level secularism

India is just like a live example in implying secularism because it is not so easy in so much diversity. Indian secularism got its power from the fundamental right to religion as mentioned in Article 25 to Article 28. These articles empower the citizen to practice their religion without any compulsion and also empower the state to resolve disputes arising among religious communities. Provides freedom of religion which means the same

For example, Article 25(1) provides its citizens the right to propagate profess and practice their religion. So, a fable interpretation fabricating that the right to propagation includes the conversion of the religion of the peoples by any means, mainly in the Christian fathers they approach the court. In the case law of Rev. Stanislaus vs. State of Madhya Pradesh [5], the Supreme Court held that the right to preach does not include the right to conversion and the contentions of the father struck in toto.

Secularism in India does not mean the state will become hostile but instead, it will be neutral to religion and cannot interfere in its rituals until it will harm the public at large.

1.1 Is secularism in danger?

India is a country having the status of a secular state as its in the constitution. But some problems exist practically on the ground level and one of them is the politics.

Non-separation of the politics from the religion is a major issue because it is said that if politics and religion mix it will breach the neutral nature of the state.

Politics and religions cannot be mixed because if the state government is found doing so then it can be liable for the application under Article 356 of the Constitution of India. The main question is, does it happen in reality? The answer might be dissatisfying cause every political party has decided to vote bank based on certain community immaterial of the same religion or different.

India being home to large diversity it is difficult to manage them all because as an example when the state bans cow slaughtering in the name of the preservation of human life, it comes to freedom of profession, eating, and trade, and when the state continues it violates religious conscience. And now it is more complicated because India, a compilation of the large Hinduism history while following secular policy it is difficult to differentiate between the Hindu and India.

1.2 Secularism and Right to Religion:

The Constitution of India grants several fundamental rights of religion to its public. Articles 25 to 28 deal with the Right to freedom of Religion which serves several freedoms such as freedom of conscience, profession, and management of religious affairs. But it is a kind of stereotype in people's minds that the Granting of religious rights or freedom of religion is secularism. In reality, this is not the case. [6]

Secularism encapsulates a broader concept than simply granting religious freedom. It demands a conscious effort by the State to remain impartial in matters of religion, ensuring a level playing field for all faiths and safeguarding individual autonomy.

Understanding this difference is very important for upholding the true spirit of secularism in India. Focusing solely on religious freedom risks overlooking the importance of the State's neutrality. This can lead to situations where religious practices influence government policies and decisions, undermining the principles of equality and justice for all citizens.[3]

Secularism lies not just in the legal world of India's Constitution; it pulsates as the very heartbeat of our nation's social fabric. It embodies the profound principle of Dharma Nirpekshta, or religious neutrality, where the state, as an impartial entity, does not favor any specific faith. This neutrality takes root in two fundamental ways:

Firstly, the state refrains from favoring any particular religion. It treats all faiths with equal respect and without discrimination. This means no promotion or endorsement of any specific faith by the government, nor interference in the internal affairs of religious communities.[4]

Secondly, it guarantees individuals the right to practice and profess their religion without fear or hindrance. The Constitution enshrines the right to freedom of religion, empowering individuals to choose, follow, and propagate their faith without any restrictions from the state. [4]

On the world stage, India's secularism becomes a symbol of its commitment to democracy and human rights. This translates into a powerful tool of "soft power," enhancing India's image and influence within the international community. Moreover, a stable and secular environment serves as a magnet for foreign investment, paving the way for economic development that benefits both national and international stakeholders.

CONCLUSION:

While the Indian Constitution guarantees the fundamental right to religious freedom for all citizens, the responsibility for upholding secularism lies not solely with the public, but primarily with the government. After providing religious freedom, the real work begins. Building a truly secular society requires active intervention from the state, acting as the guardian of harmony. [6]

Neutrality demands non-discrimination. The government must treat all religions with equal respect, ensuring governance remains free from religious influence and that no faith receives preferential treatment. This includes avoiding any religious interference in policy decisions and ensuring justice prevails without regard for religious affiliation.

Impartiality requires upholding the law fairly, regardless of an individual's religion. Everyone must be held accountable for their actions, ensuring justice is blind to faith. Furthermore, the government can actively promote tolerance and understanding between communities through educational initiatives, awareness campaigns, and cultural exchange programs, fostering a sense of unity and breaking down religious stereotypes.

When conflicts arise, quick and decisive action is imperative. The government must act to maintain peace and order by impartially and thoroughly looking into the issue, fairly punishing offenders, and addressing the root causes of the conflict. This commitment to neutrality and impartiality is essential for a healthy secular society.

Ultimately, secularism in India transcends legal provisions and individual freedoms; it embodies the pursuit of justice and equality for all citizens. By upholding these principles, the government can create an environment where diverse religious communities can flourish, contribute to the nation's progress, and live in harmony with one another. This vision of a truly secular India requires a government committed to acting as the guardian of this delicate balance, ensuring that religious differences never lead to discrimination, violence, or chaos.


[1] Shukla V.N, Constitution of India

[2] Basu D.D, Introduction to constitution of India

[3] Christophe Jaffrelot,"The Fate Of Secularism In India" Carnigie Endowment For International Peace.

[4] Rajeev Bhargava,"The Future of Indian Secularism", The Hindu

[5] 1977 SCR (2) 611

[6] Nitesh Singh Kushwaha ,"Secularism and Right to Religion", Legal Services India E Journal

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