ABSTRACT
The expression Secularism signifies the principle of separation of the state from religious institutions. It explains that secularism means no discrimination in the name of religions or various religious practices of religion.
The term secular can also even be connoted with the atheism. Ultimately it looks upon a concept where all the citizens have their freedom of religion in India. It is also guaranteed by articles 25 – 28 of the Indian constitution[1]. One of the most striking features of Indian culture is undoubtedly, comes in the arena of religion. Due to the vibrancy of beliefs and traditions, India can be regarded as one of the most diverse nations in the world.
Objective of the article
The topic of secularism has been chosen, for a number of reasons. This brief article gives a clear cut views on the constitutional position of secularism in India. It also attempts to explain about the growth of communalism in India and its impact on public sphere, the extent of legitimacy in the actions of secularism, the complexity of judiciary and the role of supreme court and its discretionary powers in shaping the principles of secularism.
INTRODUCTION
The expression “secularism” signifies the principle of separation of the government’s or state’s interference in the country’s religious institutions. It means that a secular country will not discriminate any of its citizens in the name of religion and various religious beliefs. One of the most striking features of Indian culture is undoubtedly is the diversity in its religions. India can be regarded as one of the most diverse nations in the world. But in current scenario, there is an attempt to respect unequal religious laws which has eventually created a plethora of problems. The state has started to move from secular way to religiosity. The elements of communalism have already made its way by replacing the principle of secularism through various political parties and their ideologies. The stimulation of communal violence is on its peak and it is very essential to spread the essence of secularism.
CONCEPT OF SECULARISM
Secularism highlights a belief system where there is a rejection of acceptance of one particular religion as an earthly one and its separation from political affairs of the state. It neglects the idea of keeping religion and state bound together as in regard with its interference with each other. The term secular has a Christian root that is a word which find its original meaning in Christian context. This English word has derived from the christian latin word ‘saeculum’ which means century or more generally an age or the spirit of an age, took on special vicinity of time and through the time of natural succession, which human race lives through between fall and the paraousia.
Secularism as defined in the Merriam Webster dictionary “ is the difference to, or rejection or exclusion of religion and religious considerations.” The word secularism can also be connoted with atheism.
Cambridge dictionary defines secularism as the belief that religion should not be involved with the ordinary social and political activities of the country.
III. SECULARISM IN UNIVERSAL DECLARATION OF HUMAN RIGHT
Article 18 of the UDHR says we all have the right to our own beliefs, to have a religion, have no religion and secular beliefs should be able to live peacefully with their rights guaranteed by the state, while not presuming any national or state sponsored religion.[2] Article 18 of the UDHR ensures to protect theistic, non theistic and atheistic believers and their beliefs and also protects who do not practise any religion or any other beliefs.
But there are instances where there were conflicts developed between human rights and religion which led to waging violence and causing communal tensions. Clearly UN does not support or favour any religion for any benefit but it stands up for protecting people from communal violence. To bring about a positive link between religion and human rights, the UN human rights office in 2017 introduced an initiative called “Faith for Rights” to promote religious leaders to create peaceful societies in order to promulgate human dignity, equality and to embrace and enrich the global diversity.
Asia Bibi is one of the world famous cases and is also an example to prove how blasphemy laws can be used as a personal vendetta towards the other people. Pakistan Supreme Court acquitted Asia bibi, who was accused of blasphemy charges. Different petitions were created for her release by an organization who raises an aid for persecuted Christians. Her death sentence was removed after determining that she was falsely accused by a group of co-workers. This decision of Supreme Court has led to many riots insisting Asia Bibi’s death.
- SECULARISM IN INDIA
Secularism when it comes to India, India is regarded as a secular country. Generally all modern democracies are regarded as secular in nature. The preamble of the Indian constitution, constitute India as sovereign, socialist, democratic republic. There has been secularization so that the religion will be out of the political ambit. Firstly, constitution of India did not contain the terms socialist and secular but they were inserted into the preamble by 42nd constitutional amendment as proposed by Prof. K.T Shah during constituent assembly debates, seeking to declare India as secular, federal, socialist nation. But speaking in regard with religion, articles 25-28 guarantees every citizen the freedom to practise and profess their own religion and beliefs. In fact freedom to practise and profess religion is one the basic fundamental rights of an Indian citizen. So it would be uncanny to say that there was no talk about religion before this amendment. It is just that with this 42nd constitutional amendment, the state has taken a strategic barricade when it comes to religion and its practices so there would not be any unnecessary infringement of state affairs into the arena of religion. But the state also has the very right to interfere when there is a violence brewing in the state in the name of religion wherein the public health and public peace of the state is severely affected.
Amidst all these, secularism being a sense of political ethics, there lies a question of how secularism is possible in a country like India. As guaranteed by the Indian constitution, secularism is the soul of India. But in this recent scenario, secularism is being tampered and strangled. Decline of secularism is paving way for the growth of communalism. Right from the infamous Gujarat pogrom to till date’s Delhi riots, India is burning down in communalism. Thousands of lives are being burned down in various brutal religion riots. History of communal violence can be traced back in time. The greatest of communal tension has always occurred between Hindus and Muslims. It includes a history wherein India was invaded by Muslims thousands of years ago, compelled conversion of Hindus to Islam, religious differences between both the religions, eventual establishment of Hindu political and ideological supremacy. England has also had a hand in altering the identity of people and their religion during the period of British colonialization which divided people according to their race, caste and other official records. These actions always had a permanent effect on the Indian society. Modern day communalism marked off from post independence period during the rule of Mrs Gandhi, is when she lost her support from the electoral base but with the help of conservative Hindus and by using their ritualistic symbols she gained a huge public support.
In new modern India ,communal tensions originates very much from identity politics which focuses on race, religion, caste and class etc. The governing bodies who are responsible to protect the state, themselves indulge in religious affairs and profess monolithic identity and use them to influence people who are devoted to that particular religion. Such forms of violence and communalism makes it harder for the citizens to relate to each other as Indians. It is very essential that governing bodies should not favour any particular religion. But it is seen that such bodies of the state are indulged in various practises which is eventually smouldering people to cause riots and communal violence.
Hinduism is the main weapon which is being used towards the society. But the grave mistake in here is that Hindutva is often mistook as Hinduism. There is a deviation of Hinduism to Hindutva. The sole concept of Hinduism is related to ethics and values wherein it talks about the concept of moksha and guides people to lead a much more meaningful life whereas Hindutva is a principle wherein they adhere to beliefs and practises. It is also regarded as a political movement to have gains. Constitution of India still remains unaltered especially the basic structure. Despite of being it unaltered, it has been accepted by various human activists that India is no longer a secular country due to its communal conduct and it does not seem to be a country where its legacy is from the blood-shed freedom struggle done by the freedom fighters but from just a Hindu majoritarian country. The recent authenticated reports shows that people of minority religions and gender class are suppressed under the majority of the people who view India as a Hindu nation. Their dignities are being questioned by them. Their safety and means of life are under the foot of dictates, violently agitates and adheres with the policies of Hindutva. - COMPLEXITY OF JUDICIARY IN SECULARISM.
Judiciary is the one of the essential and independent organ of government. Judiciary is looked upon when there is a mishap in laws or violation of constitutional laws. But due to the complexity of personal laws which governs certain religion in our country, it implies a feeling of unequal protection of laws and creates an air of discrimination. For instance, Supreme court addressed a case which was related to Hindu’s prohibition against bigamy and Muslim men’s right to polygamy. It was alleged to be void according to article 13 of the Indian constitution. Article 13 of the Indian constitution talks about the validity pre constitutional laws and post constitutional laws. But the Supreme Court held that article 13 does not apply to personal laws. There are various judicial decisions which have challenged the relationship between law and religion. The landmark cases include Shah Bano’s case and Rahmat Ullah’s case. In Shah Bano’s descision, where the fight stood for the cause of social justice for women. It had a sharp impact on the community and it was taken that court had interfered in personal laws and rights of the Muslim men. Even though there was a call for Uniform civil code, court in favour of destitute women, it went in vain thus saying that their rights according to the Islamic law were being questioned and denied.
Similar reaction was invoked for this case’s decision wherein Rahmat Ullah divorced his wife by using triple talaq which is considered as an unlawful means to divorce. These cases had a severe impact on the Muslim community. There are also instances where the government was unable to prosecute seven militants from the Hindu political wing who said to have been responsible for the destruction of Babri Masjid but eventually the government instituted proceedings against the terrorist acts which said to have been responsible for the Bombay blast. These events create a feeling wherein the government is inclined towards religious majority and such waffling causes to strife communal violence in the society.
- CONCLUSION
India is a sensitive country when it comes to religions, traditions and its practises. It is very important for the judiciary to interpret law and decide without interrupting the ethics and morality. It is very important to note that India is a secular democratic country as guaranteed by the constitution of India. The emerging communal politics, religious militancy, mob lynching and various religious demarcations are posing serious threats to India. So it is essential to come up with various peaceful democratic strategies to tackle with such turmoil.
The real challenge lies in abruption and curbing of such communal disorders and to replace secularism with its own essence and beauty and also to bring back the tranquillity. As a shared culture, judiciary has a great role to maintain a balance between religiosity and secularism by using its discretionary powers in a lawful manner. It is of extreme necessity to know the realms of a secular system for its effective and efficient implementations of its principles. It is very incumbent on us as well as for the state officials to create a conducive environment for the growth of secularism and to erase the socio-communalistic elements.
It would foster the confidence in the power of diversity and it would bring back the sense of what Indians always had and also imbibe for a better democracy.
[1] Durga Das Basu, Introduction to the constitution of India 133, 23rd ed, 2018
