Malcolm Rivera
India is a secular state with no official state religion, as declared by the Forty-second Amendment of the Constitution of India in 1976. The country's massive population is diverse and devout, with the Indian subcontinent being the birthplace of four of the world's major religions: Buddhism, Hinduism, Jainism, and Sikhism. These religions collectively represent approximately 83% of the total population of India. The country also has the largest number of followers of Zoroastrianism, the Bahá'í Faith, and the third-largest Muslim population in the world. The Indian Constitution guarantees freedom of religion as a fundamental right, with Articles 25 to 28 implying that the state will not discriminate against any religion and will allow individuals to practice and promote their religion peacefully.
| Characteristics | Values |
|---|---|
| Secular state | Yes |
| State religion | No |
| Freedom of religion | Guaranteed by Articles 25-28 of the Constitution |
| Religious tolerance | Central to the Indian identity |
| Religious instruction in government-supported schools | No |
| Caste-based discrimination | Prohibited by the Constitution |
| Religious demographics | 81% religious, 13% non-religious, 3% atheist, 3% unsure/no response |
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What You'll Learn
Freedom of religion in India is a fundamental right
India has a long history of religious pluralism. The inscription of King Ashoka in the 3rd century BC encapsulates this, stating that the king "honours all sects". The Indian subcontinent is the birthplace of four of the world's major religions: Buddhism, Hinduism, Jainism, and Sikhism. These religions are collectively known as native Indian religions or Dharmic religions and represent approximately 83% of the country's population. India also has the largest number of followers of Zoroastrianism and the Bahá'í Faith, and the third-largest number of followers of Islam in the world.
The Constitution of India, which came into existence in 1947, declares India to be a secular state with no state religion. The Preamble of the Constitution, amended in 1976, explicitly states the word "secular", and Articles 25 to 28 guarantee freedom of religion as a fundamental right. These articles imply that the state will not discriminate, patronise, or interfere in the profession of any religion. Article 25 states that "all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality, and health". Article 26 further adds that all denominations can manage their own affairs in matters of religion.
Despite the constitutional guarantee of freedom of religion, there have been instances of religious intolerance and violence in India. In recent years, concerns have been raised about the treatment of religious minorities, particularly Muslims, Christians, Dalits, and Sikhs. The enactment of the Citizenship (Amendment) Act (CAA) by the BJP-led government has been criticised for potentially exposing millions of Muslims to detention and statelessness. Additionally, several Indian states have passed Freedom of Religion Bills, primarily aimed at preventing conversions to Christianity, which has led to protests from Christian groups.
The Supreme Court of India has played a pivotal role in upholding the right to freedom of religion. In various cases, the Court has affirmed the secular nature of the Indian state and the fundamental right to practice and promote one's religion peacefully. However, the uniform civil code, suggested by the Constitution as a Directive Principle, has not been implemented due to concerns that its enactment may be counter-productive to national unity.
In conclusion, freedom of religion in India is a fundamental right enshrined in the Constitution. While there have been challenges and instances of religious intolerance, the Indian state officially recognises and protects the right of its citizens to practice their faith freely, contributing to the country's rich religious diversity.
Doctrines of the Indian Constitution: A Comprehensive Overview
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The Indian Constitution prohibits caste-based discrimination
The Indian Constitution, which came into effect in 1947, explicitly declares India a secular state with no state religion. Articles 25 to 28 of the Constitution guarantee freedom of religion as a fundamental human right, stating that all people are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion. This right is, however, subject to regulation by the state, with the Constitution shielding individual religions or groups by adding religious rights as fundamental rights.
While the Indian Constitution does not explicitly mention "caste-based discrimination", it does contain provisions that address the issue. Article 15 of the Constitution prohibits discrimination based on caste, and Article 17 declares the practice of "Untouchability" illegal, abolishing it and making its enforcement an offence punishable by law. The term "Untouchability" refers to the practice of denying people of lower castes equal treatment and opportunities, subjecting them to grievous caste-based oppression. Despite these laws, caste-based discrimination, segregation, violence, and inequality persist in India, with the system being practised and enforced rigorously during colonial rule, creating strict hierarchies and barriers within castes.
The issue of caste discrimination has gained prominence in recent years, with several high-profile cases in the United States, such as the lawsuit against Cisco and its employees for alleged discrimination against an Indian engineer from a lower caste. In response, organisations and governments are taking action, updating rules and regulations to explicitly prohibit caste-based discrimination and initiating enforcement actions. While addressing caste discrimination, governmental entities may reference religion where necessary, but they should refrain from making denigrating statements about any religion to avoid constitutional risks.
B. R. Ambedkar, a leader of human rights campaigns in India and a key person in drafting the Constitution, wrote extensively about the tragic effects of the caste system. He believed that the caste system originated from the practice of endogamy and was spread through imitation by other groups, eventually leading to the enclosed class system that defines caste today.
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India is a secular state with no state religion
India is a secular state, as outlined in its constitution, with no state religion. The Forty-second Amendment of the Constitution of India, enacted in 1976, explicitly declared India to be a secular state. The preamble to the Constitution proclaims India a "sovereign socialist secular democratic republic". This amendment added the word "secular" to the preamble, which already included articles 25 to 28, implying that the state would not discriminate, patronise, or interfere in the practice of any religion.
The Indian Constitution guarantees freedom of religion as a fundamental right. Articles 25 to 28 of the Constitution protect this freedom and ensure that all citizens have the right to practice and promote their religion peacefully. The Constitution also shields individual religions or groups by adding religious rights as fundamental rights. For example, Article 25 states that "all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality, and health". Furthermore, Article 26 gives all denominations the right to manage their own affairs in matters of religion.
The Supreme Court of India has affirmed the secular nature of the Indian state in several cases. In the 1994 case of S. R. Bommai v. Union of India, the Court ruled that India had been a secular state since the formation of the Republic on 26 January 1950. The Court also established that secularism was an integral tenet of the Constitution, mandating the separation of state and religion. This was further emphasised in the case of Pannalal Bansilal v State of Andhra Pradesh in 1996, where the Court held that a uniform civil code for all citizens, regardless of religion, should be implemented gradually to avoid counter-productive effects on national unity.
However, it is important to note that India's form of secularism differs from the Western practice of secularism. India's secularism does not completely separate religion and state, and the state has been allowed to interfere in religious affairs to some extent. The Indian Constitution permits partial financial support for religious schools and the financing of religious buildings and infrastructure by the state. Additionally, the 7th schedule of the Indian Constitution places religious institutions, charities, and trusts in the Concurrent List, allowing both the central and state governments to make laws regarding these entities. This overlap between religion and state has resulted in state support for religious schools and personal laws, which some critics argue violates the principle of equality before the law.
Despite being a secular state, India has a diverse range of religious beliefs and practices. The Indian subcontinent is the birthplace of four major religions: Buddhism, Hinduism, Jainism, and Sikhism, collectively known as native Indian religions or Dharmic religions. India also has the largest number of followers of Zoroastrianism, the Bahá'í Faith, and the third-largest number of followers of Islam in the world. While India is officially secular, the rise of Hindu nationalist ideology and movements, such as the Bharatiya Janata Party (BJP), has led to concerns about the evolving nature of secularism in the country and its relationship with religious minorities.
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Religious tolerance is a central part of Indian identity
India has a long history of religious tolerance and pluralism, with almost all major religions living together in harmony. This composite nature of Indian society is a result of the Indian way of thinking, which values plurality and respects minorities. The traditional Hindu religious philosophy of advait vad, or monism, asserts that the divine reality is one, manifested in different ways, and that all paths lead to the same summit. This belief in the "manyness of reality" fosters a culture of tolerance and mutual acceptance, as articulated by revered figures like Swami Vivekananda and Mahatma Gandhi.
However, it is important to acknowledge that India has also experienced religious intolerance and violence. Despite the constitutional protections, there have been instances of religious riots and mob violence, such as the 1984 Sikh Massacre and the 1992-93 Bombay Riots. Additionally, the rise of Hindu nationalist sentiments and controversial policies promoted by political leaders have contributed to tensions between religious communities, particularly between the Hindu majority and the Muslim minority.
Nevertheless, Indians across religious groups express the importance of respecting all faiths to be "truly Indian." A survey by the Pew Research Center found that a majority of Indians regard religious tolerance as central to their national identity. This tolerant and inclusive society is reflected in the borrowing of beliefs and practices across religious lines, such as the belief in karma and the sacredness of the Ganges River. While there may be preferences for religious segregation and differences in religious beliefs, the underlying value of tolerance remains a unifying aspect of Indian identity.
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Anti-conversion laws and Freedom of Religion Bills
India is a secular state with no state religion, as declared in its constitution. The constitution also guarantees the right to freedom of religion as a fundamental human right. Articles 25 to 28 of the constitution imply that the state will not discriminate, patronise, or interfere in the profession of any religion. These articles also shield individual religions or groups by adding religious rights as fundamental rights.
Despite this, anti-conversion laws, or "Freedom of Religion" laws, have been enacted at the state level in India. These laws are meant to regulate religious conversions that are not purely voluntary. The purpose of these laws is to prohibit conversions from one religion to another by force, allurement, or fraudulent means. The enactment of these laws at the state level began in the 1960s, after failed attempts to enact an anti-conversion law at the central level. As of now, such laws are in effect in eight out of twenty-nine states: Arunachal Pradesh, Orissa, Madhya Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, and Uttarakhand.
The first state to bring such a law was Orissa, with the Orissa Freedom of Religion Act, 1967. This was followed by Madhya Pradesh in 1968 and Arunachal Pradesh in 1978. These laws have been challenged by Christians, who argue that the propagation of their faith is an important part of Christianity. The All Indian Christian Council has also consolidated various anti-conversion or "Freedom of Religion" Laws. Several Indian states have passed Freedom of Religion Bills primarily to prevent people from converting to Christianity.
The specific provisions and penalties of these anti-conversion laws vary by state. For example, the Gujarat Freedom of Religion Act, 2003, was updated as the Gujarat Freedom of Religion (Amendment) Bill in 2021. This law specifies inter-religious marriage as a form of forced conversion, and offenders can be imprisoned for three years with a fine of up to INR 50,000. The Haryana Prevention of Unlawful Conversion of Religion Act, 2022, provides for a penalty of one to five years' imprisonment and a fine of INR 100,000. On the other hand, the Himachal Pradesh Freedom of Religion Act, introduced in 2006, was revised in 2022 with milder penalties.
It is important to note that there is no federal law in India regulating religious conversions. The federal government has no power to legislate anti-conversion laws, and they fall under the purview of state legislatures.
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Frequently asked questions
The Indian Constitution does not recognise any one religion. It declares India to be a secular state, guaranteeing freedom of religion as a fundamental right.
Articles 25 to 28 of the Indian Constitution guarantee freedom of religion as a basic human right. Article 25 states that "all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality and health". Article 26 adds that religious denominations can manage their own affairs.
Secularism in India means that the state maintains neutrality in the affairs of all religious groups and atheism, ensuring equal treatment and tolerance of all faiths. It does not mean a complete separation of religion from the state.
Yes, the Indian Constitution prohibits discrimination based on religion, including caste-based discrimination such as the practice of untouchability. Articles 25 to 28 imply that the state will not discriminate against any religion and will shield individual religions or groups by adding religious rights as fundamental rights.
