SECULAR-Constitutional sole

of a citizen in Democratic India

PAPER – CC2 [UNDERSTANDING INDIA]

UNIT-IV THE MAKING OF CONTEMPORARY INDIA
 MEANING OF SECULARISM
• Secularism is the belief that religion should not influence or be involved in the organization of society, education, government, etc.

• It is the separation of religion or the indifference towards religion in the affairs of the society and state.

• Secularism is also the practice of not having a state religion. It is essentially in contrast with a theocratic state.

• ‘secularism’ is akin to the Vedic concept of ‘Dharma Nirapekshata’ i.e. the indifference of the state to religion.

• Secularism calls for a doctrine where all religions are given equal status, recognition and support from the state or it can also be defined as a doctrine
that promotes separation of state from religion.

• Secularism stands for no discrimination and partiality on grounds of religion and equal opportunities to follow all religions.

• A secular person is one who does not owe his moral values to any religion. His values are the product of his rational and scientific thinking.
INDIAN SECULARISM
• Secularism and Democracy are two remarkable achievements of Independent India.
• Secularism is a positive, Revolutionary and comprehensive concept
• India survival as a multi religious, multi lingual, multi racial and multi culture society depends on the successful working of secularism
• Proclaimed in the amended preamble to the constitution of a country, it reads” we the people of India having solomony resolved to
constitute India into a sovereign, socialist, secular, Democratic Republic

• Indian philosophy of secularism is related to “Sarva Dharma Sambhava” (literally it means that destination of the paths followed by all
religions is the same, though the paths themselves may be different) which means equal respect to all religions.

• This concept, embraced and promoted by personalities like Vivekananda and Mahatma Gandhi is called ‘Positive secularism’ that reflects the
dominant ethos of Indian culture.

• Indian secularism is not an end in itself but a means to address religious plurality and sought to achieve peaceful coexistence of different
religions.
 INDIA AND SECULARISM
• Indian secularism is fundamentally different from Western secularism

• Indian secularism does not focus only on church-state separation and the idea of inter-religious equality is crucial to the Indian
conception

• In India, the concept of secularism means a number of different things

• India is a highly diverse country . India however has

• No state religion.

• All religions are treated equally and no discrimination is made based on any religion

• Indian secularism deals not only with religious freedom of individuals but also with religious freedom of minority communities.

• India's guiding principles is impartiality in religious matters

• The secular character of the Indian state is established by virtue of the fact that it is neither theocratic nor has it established any one or
multiple religions. Beyond that it has adopted a very sophisticated policy in pursuit of religious equality
• The State does not owe loyalty to any particular religion as such: it
is not irreligious or anti-religious; it gives equal freedom to all
religions- P B Gajendragadkar, Former Chief Justice of India
INDIAN VS WESTERN CONCEPT OF SECULARISM
• As per the western model of secularism, the “State” and the “religion” have their own separate spheres and neither the statenor the religion shall
intervene in each other’s affairs. It requires complete separation of religion and state.

• In India, neither in law nor in practice any 'wall of separation' between religion and the State exists. both state and religion can, and often do, interact
and intervene in each other's affairs within the legally prescribed and judicially settled parameters. Indian secularism does not require a total
banishment of religion from the State affairs.

• As per the western model, the state cannot give any financial support to educational institutions run by religious communities.

• Indian model has chosen a positive mode of engagement.

• In the western model, State does not intervene in the affairs of religion till the time religion is working within the limits of the law.

• On the other hand, in Indian secularism, state shall interfere in religion so as to remove evils in it by enforcing legislation against the practices of sati
or widow-burning, dowry, animal and bird sacrifice, child marriage, and preventing Dalits from entering temples.

• In western concept of secularism, religion is relegated entirely to the private sphere and has no place in public life whatsoever.
CONSTITUTIONAL PROVISIONS ON SECULARISM
• Article 25-28 - Right to freedom of Religion
• Freedom of conscience and free profession , practice and propagation of religion

• freedom to manage religious affairs

• freedom from payment of taxes for promotion of any religion

• freedom from attending religious instruction or worship in certain educational institution

Article 25- freedom of conscience and free
profession, practice and propagation of religion
• Freedom of conscience- in a freedom of an individual to mold his relationship with God

• Right to profess- declaration of one religious beliefs openly

• Right to practice- performance of religious worship rituals and exhibition of beliefs and ideas

• Right to propagate- transmission and dissemination of one religious belief to others. This however does not
include the right to convert another person to one’s own religion . no forcible conversion

• These rights are subject to public order, morality, health and other provisions relating to fundamental rights

• These rights cover not only religious belief but also religious practices

• These rights are available to all persons citizens as well as non citizens
A-26 freedom to manage religious affairs
• Right to establish and maintain Institutions for religious and charitable purpose

• write to manage its own affairs in matters of religion

• right to own and acquire movable and immovable property

• article 25 guarantees rights of individual while article 26 guarantees collective

rights

• they are also subject to public order, morality and health but are not subject to
other provisions relating to fundamental right
A-27 freedom from taxation for promotion of a
religion
• No person shall be compelled to pay any taxes for the promotion a maintenance
of any particular religion

• the state will not spend the public money collected by way of tax for promotion
of maintenance of any particular religion

• article 27 prohibit the state from favoring, patronizing and supporting anyone
religion over the other

• however article 27 prohibits only taxes and not fees

A-28 freedom from attending religious instruction
• under article 28 no religious instruction shall be provided in any educational
institution wholly maintain out of state funds

• however this provision shall not apply to an educational institution administered

by the state but established under any trust

• No Person attending any educational institution recognized by the state or

receiving aid out of state funds shall be required to attend any religious
instruction or worship without his consent
CHALLENEGES TO SECULARISM IN INDIA
• Problem of Uniform Civil Code

• Politics & Religion- if religion is not separated from politics, the religion of
the ruling party tends to become the state religion

• Failure of government machinery in evolving a Just Economic Order

• Communal Riots

• Parochial mindset of the people