‘India’ is a Union of states in which people from different states belong to different castes, creeds, communities, and religions. It is, therefore, rightly quoted that India is a country of ‘unity in diversity’. Though the people of India follow their own culture and religion distinct from each other, the sense of respect towards each other religions is well maintained among the people.
The concept of secularism is a philosophical phenomenon rightly embedded in the preamble of the Constitution of India. The word ‘secular’ was added to the constitution by the 42nd Amendment, 1976 which clearly states that the state recognizes no religion as the state religion.
The sense of secularism is also embedded in the fundamental rights of the constitution i.e. Articles 25-28 which guarantees people to freely practice and propagate any religion of their choice.
Introduction:
India is a democratic nation and a land of diversity and this can be seen in terms of religion also. The very basis of this democracy lies in Secularism as it ensures all citizens are equal before the law.
Secularism is a positive concept of religious tolerance that expresses the notion of equal treatment of all religions. basically, means that the state does not authorize any particular religion, it is neither religious nor irreligious but maintains neutrality in matters of faith.[i]
Secularism And The Indian Constitution:
The word ‘secularism’ is not defined in the constitution of India but the constitution recognizes how important religion is in the lives of the people of India and hence, provides various provisions in the constitution of India itself which incorporates the basic principles of secularism.
As stated above, the 42nd Amendment,1976 of the Indian constitution added the word ‘secular’ to the preamble of the Constitution. Moreover, there are some articles in the Constitution of India that provide the fundamental principle of secularism which are as follows:
Article 14
guarantees giving equality before the law and equal protection of the law to all people against discrimination by law. It ensures equal rights without discrimination.
Article 15
bars discrimination on the basis of a person’s caste, race, religion, sex, or place of birth. Neither the state nor its citizens can discriminate against any other person on the basis of the said five grounds as it is necessary for the people to live peacefully.
The article also provides special provisions for women and children. It also enables the state to make and implement special [1] requirements for the upliftment of the Scheduled Castes, Scheduled Tribes, and other socially and economically backward classes.
Article 16
provides equality of opportunity in matters of public employment which states that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state.
Moreover, no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence, or any of them, be discriminated against, in respect of any employment or office under the state.
Article 25
provides freedom of conscience, that is, all persons have equal rights to freedom, to profess, practice, and propagate religion. This right is available to all citizens as well as non-citizens.
Article 26
provides freedom to manage religious affairs as it confers a right (subject to public order, morality, and health) on every religious denomination or any section of such religious denomination of establishing and maintain institutions for religious and charitable purposes; managing its affairs with regard to religion; owing and acquiring property (movable and immovable); administering the property in accordance with law.
Article 27
provides freedom from taxes for the promotion of any particular religion.
Article 28
prohibits religious instruction in any educational institutions that are maintained wholly out-of-state funds. Moreover, any person attending state recognised or state-funded educational institution is not required to take part in religious instruction or attend any workshop conducted in such an institution or premises of such an educational institution.
Article 29&30
provides for the cultural and educational rights of minorities.
The Supreme Court of India in the year 1994 case S.R. Bommai v. Union of India established that India was a secular country since the formation of the republic and ‘secularism’ is the basic structure of the Indian constitution.[2]
Secularism In The Present-day Scenario:
As mentioned above the word ‘secular’ was added to the constitution by the 42nd Amendment Act,1976 but the concept of secularism has always had great significance in India because religions played a vital role in Indian history.
There are many religions in India such as Hindu, Muslim, Sikh, Christian, etc. As we have seen above our constitution has given the right to profess, propagate, and enjoy the freedom of religion to all citizens and noncitizens in order to ensure harmony among the people so that every person can live peacefully in a society.
In order to maintain this harmony, respect, brotherhood, and tolerance are expected from every person so that no one can hurt the religious sentiments of one another.
Despite the concepts of secularism and religious harmony provided in the Indian constitution, India has witnessed immense religious violence which can also be traced from the history of India. India accepts all religions but due to different beliefs, traditions, ideologies, and superstitiousness, religions have caused a division among the people of different faiths.
For instance, in India conflict between Hindus and Muslims, historically, can be seen as there were several incidents such as the 1964 Kolkata incident, the 1983 Nellie massacre, the Gujarat riot1969&2002, the Hashim Pura massacre in 1987, the Anti-Sikh riot in 1984, the exodus of Kashmiri pandits in 1989, Babri masjid & Ayodhya case, etc.
In a recent instance, the statement given by Nupur Sharma, a BJP spokesperson, about the Prophet Muhammad incensed Indian Muslims and outraged Islamic nations.
Moreover, removing Mughal history from the NCERT books is another instance that shows an orthodox communal mentality. These instances are nothing but politically manipulative agenda which results in bias-motivated crime which occurs when a perpetrator targets a victim because of their membership in a certain social & religious group.[3]
Conclusion:
Religion is considered to be the base of life for every human being; each and every religious individual considers religion as an important aspect of livelihood.
As stated above, India is a secular country. Secularism promotes equality, freedom, and respect towards all religions as guaranteed by the Constitution.
Though secularism says India does not recognize any religion as a state religion it ensures to give freedom to propagate and profess any religion according to one’s own wish.
Suggestion:
It needs to be understood that though our constitution bars discrimination on the grounds of religion, race, caste, etc. people should have a sense of respect, tolerance, and brotherhood towards one another. This ideology should be gracefully implemented equally to all people. Each individual should be careful and act according to the law so that no religious sentiments are hurt by any other person.
[1] Constitution of India
[2] S.R. BOMMAI v. Union of India 1994 AIR 1918, 1994 SCC (3).
[3] https://www.insights on India.com