SECULARISM NEEDS TO BE REVISED IN INDIA

Published By: Jasmeet Kaur

Student of Asian Law College, Noida.

ABSTRACT:

By upholding national integrity and unity, the principle of secularism is incorporated into the advancement of democracy. The constitutional and legal foundation of religion’s place in India are ignored, despite the fact that the role of religion in the public realm is constantly debated in India. It is helpful to examine them in order to learn more about how religion and state interact. The study’s goal is to not only expose the tragedy it causes, but also to examine how this idea may be changed so that the foundations of true secularism are strengthened and a secular way of life is fostered.

INTRODUCTION

The fundamental principle of the Indian constitution is secularism; however, it is questionable whether the concept can be achieved in the country today with the increased significance that religion plays in the social structure of ethnic, communal, and formal political engagements. Constitutional secularism has merely experienced a setback and can still be restored; thus it is premature to declare its demise. Secularism, when followed by a country, could of either positive or negative. For example: India, follows positive secularism by acknowledging, treating and respecting every religion While on the other hand, France follows negative secularism, wherein France doesn’t recognize any religion. This article examines the development of secularism in India and places special emphasis on the crises of secularism, which include communal riots and hatred between various ethnicities. Additionally, we’ll explore the revival of secularism, which prevents inequalities based on caste or religion, includes no room for communalism, and necessitates political parties to have a national identity.

DEFINITION

According to secularism, a secular state is the one which doesn’t discriminate on the basis of the religion and treats everyone equally. It involves embracing personal issues and letting them manage themselves in accordance with their religious beliefs and practices. Secularism is not atheism; rather, it has equal faith in all religions or no faith in any of the religions and denies the idea of a state-sponsored religion. The fundamental tenet of a secular state is that religion shouldn’t interfere in society as a whole and vice versa.

SECULARISM IN THE HISTORY OF INDIA

In India’s past, secular traditions have a very long history. The foundation of Indian culture is the combination of numerous spiritual practices and social movements. Up until the British adopted the Divide and Rule policy, the ethos of secularism was supported and strengthened by the Indian freedom movement.

British forces divided Bengal in 1905 in accordance with this approach, and separate elections for Muslims were made possible by the Indian Council Act of 1909^[1]; this provision was extended further to include Sikhs, Indian Christians, and Anglo Indians in some provinces by the Government of Indian Act of 1919^[2].

While J.L. Nehru’s secularism was based on devotion to scientific humanism tinted with a progressive view of historical developments, Gandhi’s secularism was based on commitment to the brotherhood of religious communities based on their respect for the search of truth.
The “Sarva Dharma Sambhava” (meaning, “that the destination of the paths followed by all religions is the same, though the paths themselves may be different”) is an Indian philosophical concept that refers to equal respect for all religions.
Even when Buddhism, Islam, and afterward Christianity arrived in India and coexisted, the search for religious tolerance and harmony continued to arise.[1]

India became independent and embraced the following secularist principles:

The right to practice any religion freely is guaranteed by the state.
No religion shall be associated with by the state.
The state shall honor all the faiths of equality.

SECULARISM AND THE INDIAN CONSTITUTION

The achievement of secularism in India is severely threatened by the insecure circumstances of religious minorities and political formations ties to religious fundamentalists. The idea of secularism was not explicitly spelled out in the Indian Constitution at the time it was being written. However, the following provisions are outlined in the Indian Constitution:

Article 14 ensures equal protection to everyone and equality before the law.
Article 15 broadens the definition of discrimination based on race, caste, gender, or place of birth.
Article 16 (1) reiterates that there will be no discrimination based on religion, race, caste, sex, descent, place of birth, or residency, and assures equal opportunity to all citizens in areas of public employment.
Article 25 guarantees “Freedom of Conscience,” which states that everyone has the same right to religious freedom, including the ability to profess, practice, and spread one’s religion.
Every religious group or individual has the right, as stated in Article 26, to create and operate institutions for religious and humanitarian factors as well as to regulate its own affairs with regard to religion.
According to Article 27, no citizen may be required to pay taxes in order to support or maintain a certain religion or religious institution.
Article 28 permits the teaching of religion in educational institutions run by various religious groups.
Articles 29 and 30 grant minorities rights to cultural and educational opportunities.
Article 51A, or “Fundamental Duties,” requires all citizens to advance peace and the spirit of common brotherhood to value and preserve the rich heritage of Indian culture.

SECULARISM CRISIS IN INDIA

During the 1947 Indian split, the idea of secularism started to face serious problems. When the Indian state failed to protect minority populations despite the Constitution’s declaration of complete neutrality toward all religions, our society has become increasingly religious.

The merging of politics and religion, or the mobilization of votes based on racial, caste, and religious identities, has endangered Indian secularism.
The communalization of social space, the propagation of myths and stereotypes about minorities, the attack on rational values, the use of divisive ideological propaganda and politics.
The politicization of any one religious group all contribute to the competitive politicization of other groups, which results in inter-religious conflicts, are all examples of how communal politics operate.
Communal riots are one of the main causes of communalism. The secular foundation of Indian society has been severely eroded by communalism in recent years as well.
The partition of India in 1947 resulted in the formation of Pakistan and widespread communal violence.
A dispute over the demolition of the Ram Janm Bhumi-Babri Masjid, 1992 in Ayodhya resulted in acts of communal violence that claimed lives and destroyed property^[3].
Anti-Sikh riots in 1984 when Prime Minister Indira Gandhi was assassinated by her Sikh bodyguard.
The Shah Bano case controversy,1985^[4].
Gujarat experienced violence against Muslims in 2002 after a mob murdered 59 Hindu activists.
Violence in Muzaffarnagar, 2013
Communal violence in the Haryana district of Nuh, 2023.[2]
Further strengthening of communal inclinations occurs as a result of forced slaughterhouse closures, anti-‘love jihad’ campaigns, forced conversion of Muslims to Hinduism (ghar-wapsi)^[5], etc.
Islamic revivalism or fundamentalism advocates for the establishment of an Islamic State based on sharia law, which is directly at contradictions with ideas of a secular and democratic state.
• There have been isolated incidents in recent years of Muslim youngsters being radicalized and inspired by organizations like ISIS, which is unacceptable for the nation and humanity.

REASONS FOR INDIA’S GROWING COMMUNALISM

Legacy of the past: By enacting the Divide and rule policy, British authorities strengthened their hold on India by sowing seeds of mistrust among diverse communities.
Administrative blunder: Political groups’ improper management of intercommunal riots.
Political doctrines that use religious and cultural differences for political benefit are referred to as divisive politics. Indirect contributors to the rise of communalism include the Muslim League, Akali Dal, and Vishwa Hindu Parishad.
Media’s Role – The media is frequently accused of sensationalism and spreading rumors as “news,” which has occasionally sparked riots between opposed religious groups.
Socio-Economic Factors: The unemployed youth of various communities can be easily trapped by religious fundamentalists and fanatics, that promote conflicts throughout communities. [3]

CONSEQUENCES OF COMMUNALISM

We are all aware of how disastrous communalism has been in India. Due to communalism, people fail to uphold their national obligations, which endangers the nation’s integrity and unity and only serves to further the nation’s division along racial and ethnic lines. People are being killed on a large scale, but in reality it is the poor who suffer the most as they lose their properties, jobs, and even their means of survival. Even kids lose their families and homes. Due to the harm these actions cause to the nation’s economy and human resources, they are corrosive to society and prevent it from developing.

METHODS FOR RESTORING SECULARITY

The Communal Violence (Prevention, Control, and Victim Rehabilitation) Bill, 2005 defines:
Communal violence prevention and control
Quick investigations and prosecutions
Victim rehabilitation [4]

This serious issue cannot be resolved with a single approach. In addition to governmental and administrative help, citizens must take steps to prevent intergroup conflict. Even though it is not a permanent fix, only by taking these actions will the required change materialize.
Although a religious community may have excellent teachings, its followers should be aware that nationalism is eminent. They will become isolated from the national movement if they refuse to acknowledge nationalism.
The next phase should be to eradicate youth unemployment, illiteracy, and poverty problems and to educate people about the value of national interests.
Transitioning to a secular political system: The community party structure needs to be eliminated. All political parties that capitalize on religious preferences ought to be outlawed. [5]

CONCLUSION

In order to achieve a concept of secular nation, we must stop identifying ourselves primarily through our religion, caste, or language and begin to see ourselves as equal members of one country, both in fundamental and in reality. Secularism is under attack from communal politics, religious extremism, poverty, illiteracy, and political corruption. But the present turmoil will certainly fade away if sincere efforts with more stable secular policy are made.

REFERENCES:

[1]Secularism in the history of India:

https://www.legalserviceindia.com/legal/article-6954-secularism-in-india-judicial-and-constitutional-perspective.html

https://www.drishtiias.com/to-the-points/paper1/secularism-1

[2] Crises of Secularism:

https://www.drishtiias.com/to-the-points/paper1/communalism

https://timesofindia.indiatimes.com/readersblog/know-your-rights/communalism-in-india-37421/

[3]Causes of communalism: