Secularism-
The term “Secular” means being “separate” from religion or having no religious basis.
The concept of secularism emerged in the context of the European societies. Often, one of the
earliest manifestations of secularism can be seen in the French Revolution, 1789-to curtail the
authority of the church and domesticate religion.
With the 42nd Amendment of the Constitution of India (1976), the Preamble to the Constitution
asserted that India is a “secular” nation.
In India, secularism means equal status to all religions-sarva dharma sambhav
1. Manifestations of Secularism
• The term secularism includes a separation between the state and religion.
• Thus, it has 3 manifestations:-
o Differentiation:
Religion will no longer be all encompassing and its presence will only be restricted to the cultural
domain.
o Privatisation:
Since religion is a matter of faith, it will be confined to the domestic space.
o Decline in the social significance of Religion:
The presence of religion in public space will be prohibited and hence its social significance will
decline.
• Furthermore there can be forms in which Secularism emerges. For instance: Soft & hard
secularism:
a. Soft secularism -
• argues for a legal separation of Religion & the State.
• State shall not discriminated on the grounds of religion.
• Religion is private.
• It is tolerant of religion and religious differences, and favours political
accommodation of the religion while rejecting the state interference that
may undermine religious freedom. Seen in USA. Eg: No school prayer, No
Government funds to religious bodies, etc.
b. Hard secularism -
• Militates for complete separation of Religion and the State. It may even be
seen as hostility towards organized religion in general. Seen in France. E.g.
Banning of face covering niqabs and burqas in France.
• Positive and Negative secularism:
o Positive secularism means mutual and equal recognition of all the religions whereas
o negative secularism connotes non-recognition of any religion.
2. Difference between Western Concept of Secularism and Indian Secularism -
Armed length Vs Principled Distance
• There exists a fundamental difference between the Western concept of secularism and the
Indian concept.
o the complete separation of religion and state is not applicable in the Indian
interpretation of the term.
• In our polity, the state seeks to protect all religions equally.
▪ For example,
• the secular Indian state declares public holidays to mark the
festivals of all religions.
• Religious reforms
• In the west, strict church and state separation is the main area of focus; while in India
peaceful co-existence of all religions is the focus.
• The ‘Sarva Dharma Samabhava’ concept is deeply entrenched in the Indian mindset which
embody the equality of the destination of the paths followed by all the religions.(i.e., equal
treatment of all religions)
3. Distinctive Features of Indian Secularism -
• The Indian idea and practice of secularism, was firmly rooted in India’s own unique
socio-historical circumstances- i.e. the remarkable religious diversity in contrast to
the mono-religious nature of western societies.
• the freedom struggle advocated an equal support & equal respect for all religions.
Secularism was turned into an basic feature of constitution.
• the term itself was reinvented to allow intervention of state into religious matters
when it was being done to promote not only inter religious equality but also intra
religious equality.
o For example, the abolition of untouchability, sati, dowry, the amendment of
Hindu marriage & inheritance laws & the demand for establishing the
uniform civil code etc. can be seen as an application of this concept.
• At the same time, the Indian ideal of secularism clearly cautions against allowing
religion to interfere in state matters, thereby disallowing mobilizing the electorate on
religious lines for winning elections on one hand while strictly spelling out that the
Indian nation-state shall have no state religion.
Understand the difference between secularism and fundamentalism-Both are modern terms but,
one advocates legal rational authority and other traditional rational authority.
4. Contemporary Issues
• In contemporary times, various issues regarding secularism and freedom to practice religion
have come to the forefront.
• These include the following:
o Uniform Civil Code (UCC) -
o Article 44 of the Constitution states that the State shall endeavour to secure for citizens a
uniform civil code throughout the territory of India. It essentially means a common set of
laws governing personal matters for all citizens of the country, irrespective of religion.
• Pros -
▪ will ensure equality in terms of justice to both men and women regardless
of the faith they practice.
▪ There will be uniform laws for all Indians with regard to marriage,
inheritance, divorce etc.
▪ It will help in improving the condition of women in India.
▪ Various personal laws have several loopholes -Due to uniformity, such
loopholes will cease to exist or will be minimised
▪ Informal bodies like caste panchayats give judgements based on traditional
laws. UCC will ensure that legal laws are followed rather than traditional
laws.
▪ Reduce the burden on judiciary
▪ Constitutional Moralist preferred customary morality
▪ Challenges pseudo secularism
▪ It can help in reducing instances of vote bank politics.
▪ It will help in integration of India as a lot of animosity is caused by
preferential treatment by the law in favour of certain religious communities.
• Cons -
▪ personal laws of certain minority communities are quite divergent from the
majority belief systems.
▪ Any attempt at bringing about a common law would lead to fear that any
attempt at homogenization would result in their customs getting
overshadowed by the majority custom--- promote melting pot
• Therefore, some challenges being anticipated and also advocated are:-
▪ Implementation of UCC might interfere-
• particularly with the provisions of Articles 25 and 26, which guarantee
freedom relating to religious practices.
▪ Conservatism by religious groups, which resist such changes as it interferes with their
religious practices.
▪ Generating consensus will be difficult
▪ Lack of framework what constitutes UCC
o Entry Movements to Places of Religious Worship Led by Women’s Organizations
o Shani Shignapur Temple- women entry in sanctum.
o Sabarimala Temple-
• The Supreme Court in a 4:1 judgment gave the verdict that women were to be allowed entry
to the temple and that there should be no discrimination on grounds of religion. The court
found such a ban on women entry to the temple to be a violation of Article 17 (form of
untouchability).
o Haji Ali Dargah -
• the Dargah Trust barred women from entering the sanctum sanctorum of the Haji Ali
Dargah. Eventually, the Bombay High Court lifted the ban saying it contravenes the
Constitution and women should be allowed entry “at par with men”.
o Issue of Instant Triple Talaq- (Doctrine of Essential Religious Practice)
• In Shayara Bano vs Union of India case (2017), the Supreme Court declared the practice of
triple talaq as unconstitutional.
