Secularism

Indian Secularism

• Equal Protection of all Religions: Indian secularism upholds the principle of providing equal protection to all religions, without favouring one over the others or adopting any religion as the state religion.
• Inter-Religious and Intra-Religious Equality: Indian secularism emphasises both inter-religious equality and intra-religious equality, addressing religious freedom for individuals as well as minority communities.
•  State-Sponsored Reforms: It promotes state-led reforms within the religious sphere on an equal footing, allowing for principled state intervention in all religions. For eg. Abolition of Untouchability, ban on practice of Tripple Talaq.

Western Secularism

• Separation of State and Religion: Western secularism advocates for the mutual exclusion of the state and religion, with each operating in separate spheres.
• Individual-Centric Approach: It interprets liberty, freedom, and equality primarily in terms of individual rights, with less emphasis on community-based or minority-based rights.
• Intra-Religious Equality: The focus of Western secularism is more on intra-religious equality rather than inter-religious equality, maintaining an arm's length distance between the state and religion in all matters.
• Homogeneity and Individual Freedom: The Western model of secularism emerged from a relatively homogeneous society, emphasising strict separation of the state from the church to safeguard individual freedom.

Constitutional Provisions on Secularism in India

• Freedom of Religion (Article 25): Ensures the right to freely practise, propagate, and profess any religion.
• Religious Freedom for Denominations (Article 26): Grants religious denominations the autonomy to manage their religious affairs.
• Freedom from Religious Taxation (Article 27): Prohibits the promotion of any specific religion through taxation.
• Freedom of Religious Instruction (Article 28): Grants the freedom to attend religious instruction or worship in educational institutions.
• Prohibition of Discrimination (Article 15): Forbids discrimination based on religion, race, caste, sex, or place of birth.
• Equality in Public Employment (Article 16): Ensures equal opportunity for all citizens in matters of public employment, irrespective of religion or other factors.
• Protection of Minority Language and Culture (Article 29): Safeguards the distinct language, script, or culture of minority communities.
• Minority Educational Rights (Article 30): Recognizes the rights of minorities to establish and administer educational institutions of their choice.
• Secular Nature of India (Preamble): Declares India as a secular country (added through the 42nd Amendment Act in 1976).

Judicial Pronouncements on Secularism in India

• Secularism as Basic Structure (Keshavananda Bharati case, 1973): The Supreme Court held that secularism is an integral part of the "Basic Structure of the Indian Constitution" and cannot be altered by Parliament.
• Explicit Recognition of Secularism (S. R. Bommai vs Union of India case, 1994): The Court affirmed that although the terms "Socialist" and "Secular" were added to the Constitution in 1976, the concept of secularism was already embedded in the constitutional philosophy.
• Limitations on Right to Propagate Religion (Stanislaus vs State of Madhya Pradesh case, 1977): The Court clarified that the right to propagate religion (Article 25) does not include the right to engage in forcible conversions that may disrupt public order.
• Non-Interference with Religious Essentials (Ratilal vs State of Bombay case, 1954): It was established that state regulations should not interfere with the essential practices of religion.
• Maintaining Public Order in Religious Practices (Church of God vs K.K.R Majestic Colony Welfare Association case, 2000): The Court emphasized that while the right to religion is protected, prayers or religious activities should not disturb the peace of others or violate public order.
• Autonomy of Minority Educational Institutions (St. Stephen's College vs University of Delhi case, 1992): The Court upheld the autonomy of minority educational institutions, stating that it is essential to preserve their right to establish and administer educational institutions

Positive Secularism

This approach of secularism is generally more proactive and interactive. In positive secularism, the state takes an active role in ensuring religious harmony and respect for all religions. It doesn't advocate the total separation of religion from the state. Instead, the state acknowledges and respects all religions equally without favoring one over the other.

Example: India's approach to secularism often falls under positive secularism. The Indian constitution provides every citizen the right to practice, preach, and propagate any religion of their choice. The state often intervenes to maintain religious harmony, protect minorities, and ensure that religious institutions are free from discrimination. India's approach of positive secularism is reflected in its motto of 'Unity in Diversity', where diverse religions co-exist and are respected.

Negative Secularism

This type of secularism emphasizes the complete separation of religion from the state. In negative secularism, the state neither recognizes nor intervenes in religious affairs. Religion is considered to be a private matter that should have no influence on state affairs.

Example: The French concept of "laïcité", often falls under negative secularism. The French state maintains a strict separation between the state and religious affairs, aiming to keep public life and public institutions secular. This principle is so rigidly applied that it often leads to policies like banning religious symbols in public schools and prohibiting public employees from displaying their religious beliefs at work.

“Welfare without discrimination is true secularism” - Prime Minister of India Narender Modi

·       "Secularism and Harmony” is not "political fashion" but it is "perfect passion" for India and Indians. This inclusive culture and commitment has united the country with fabric of “Unity in Diversity” – Former Union Minister for Minority Affairs Shri Mukhtar Abbas Naqvi

Current Developments on Uniform Civil Code (UCC)

• Recently, the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice called a meeting on the Uniform Civil Code (UCC) during which it said it will hear the views of stakeholders.

• Also, on June 14, 2023, the Law Commission of India solicited the views and ideas of the public and recognised religious organisations to examine the Uniform Civil Code.