Omar Bennett
India has a long history of secular traditions, with the country's diverse culture blending various spiritual traditions and social movements. Despite this, the term 'secular' was notably absent from the Indian Constitution until the 42nd Amendment in 1976, when it was added to the preamble by the Indira Gandhi-led government. This amendment formally recognised the spirit of secularism that was always intended to be part and parcel of the Constitution. The definition of secularism in the Indian Constitution can be summarised as the separation of religion and state, with the state adopting a neutral stance towards all religions and ensuring equal treatment for all citizens, regardless of their religious beliefs.
| Characteristics | Values |
|---|---|
| Religious freedom | The constitution guarantees freedom of religion to individuals and groups |
| No state religion | The state has no religion and does not favour or patronize any particular religion |
| Equality | All citizens, regardless of their religious beliefs, receive equal protection under the law |
| Non-discrimination | The state does not discriminate against any citizen on the grounds of religion, race, caste, sex, or place of birth |
| Religious tolerance | The constitution promotes religious tolerance and peaceful coexistence of different religions |
| Minority rights | The constitution protects the fundamental interests of minorities |
| Separation of religion and state | The state and religion are separate entities with no interference between the two |
| Neutrality | The state is neutral in religious matters and provides equal treatment to all religions |
| Education | Education is a tool to effect change in the mindset of people and reduce prejudice and suspicion between communities |
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What You'll Learn
Religious freedom and the Indian Constitution
India has a long history of secular traditions, with ancient India witnessing the development of Santam Dharma (Hinduism) as a holistic religion that welcomed and integrated different spiritual traditions. Emperor Ashoka, as early as the third century B.C., proclaimed that the state would not prosecute any religious sect, appealing for the toleration and respect of all religious sects. This quest for religious toleration and coexistence continued even with the advent of Jainism, Buddhism, Islam, and Christianity in India.
The Indian Constitution, adopted in 1949, establishes India as a secular state, guaranteeing religious freedom for its citizens. The term "secular" was added to the preamble by the 42nd Constitution Amendment Act in 1976, emphasising that constitutionally, India is a secular country with no state religion. The constitution ensures uniformity in matters of religion for all people and groups, irrespective of their faith. Articles 25 to 28 of the Constitution, specifically, address religious freedom. Article 25 confers particular rights on all persons, while Article 26 guarantees certain rights to religious denominations or sections thereof. The Supreme Court has interpreted the term "religious denomination" broadly, protecting various religious sects under Article 26. Additionally, Article 27 guarantees freedom regarding the payment of taxes for the promotion of any particular religion, and Article 28 provides the opportunity to participate in religious institutions or worship in certain educational institutions.
The Indian concept of secularism, also known as "Positive secularism," is related to the Vedic concept of "Dharma nirapekshata," which translates to the indifference of the state to religion. It is akin to "Sarva Dharma Sambhava," meaning equal respect for all religions. This model of secularism adopted by India differs from the Western concept, where religion is relegated entirely to the private sphere. In India, the state is involved in religious affairs, such as setting up religious endowments and appointing trustees of religious boards. However, the state is neutral and provides equal treatment to all religions, not supporting or patronising any particular religion.
While India has made significant progress towards creating a secular society since independence, challenges remain. These include the exclusion and insecurity felt by religious minorities, the growing radicalisation of youth by extremist groups, and the increasing interference of religion in politics, with votes being cast based on religious sentiments. To strengthen India's secular fabric, steps such as social reforms and promoting religious tolerance through education are necessary.
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Separation of state and religion
The Indian Constitution declares the state to be absolutely neutral to all religions. The country has no official state religion and the state is not connected to any religion legally or formally. The Constitution guarantees freedom of religion to individuals and groups, and the state recognises and accepts all religions without favouring or patronising any particular religion. This is reflected in Articles 25 to 30 and Article 51A of the Constitution, which provide for religious freedom and prohibit discrimination on the grounds of religion.
The term 'secular' was added to the preamble by the forty-second constitution Amendment Act of 1976, which emphasises that India is a secular country. The preamble to the Constitution of India signifies that India is a secular state, providing justice, liberty, equality, and fraternity to all its citizens.
The concept of secularism in India is related to the idea of "Sarva Dharma Sambhava", which means equal respect for all religions. This concept, promoted by personalities like Vivekananda and Mahatma Gandhi, is called 'Positive secularism' and reflects the dominant ethos of Indian culture. Indian secularism is not an end in itself but a means to address religious plurality and achieve the peaceful coexistence of different religions.
The Indian model of secularism differs from the Western model, where religion is relegated entirely to the private sphere and has no place in public life. In India, the state is involved in setting up religious departments and appointing trustees of religious boards. However, the mingling of religion and politics, such as the mobilisation of votes based on religious identities, has posed challenges to Indian secularism.
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The history of secularism in India
Secularism in India is derived from the constitution under Freedom of Religion Articles 25 to 28. It ensures uniformity in matters of religion to all people and groups, regardless of their faith, and emphasises that there is no state religion. The term 'secular' was added to the preamble by the 42nd Constitution Amendment Act of 1976, marking India's official transition into a secular nation.
However, the concept of secularism in India is not a recent development, and the country's history is deeply rooted in religious tolerance and pluralism. Ancient India witnessed the development of Santam Dharma (Hinduism), which evolved as a holistic religion by integrating various spiritual traditions. Emperor Ashoka, as early as the 3rd century BC, proclaimed that the state would not prosecute any religious sect, advocating for tolerance and respect towards all religious sects. The arrival of Jainism, Buddhism, Islam, and Christianity further enriched India's religious landscape, with different faiths coexisting relatively peacefully.
During the reign of Raja Ranjit Singh, his empire, consisting of Muslims, Hindus, Sikhs, and even Christians, celebrated festivals like Holi, Dipawali, Id, and Christmas with equal fervour and support. This spirit of inclusivity extended to his administration and army, which employed individuals from diverse religious backgrounds. The Parsees, fleeing Muslim persecution in Persia, found refuge in India around the 10th century and seamlessly integrated into Indian society. Similarly, the Jews, one of the first foreign religions to arrive in India, thrived without prosecution, except for a brief period in Goa under Portuguese rule.
Despite these historical examples of religious tolerance, India has faced challenges in fully realising secularism. Communal politics, religious intolerance, and the increasing interference of religion in politics threaten the secular fabric of the nation. Furthermore, the Western concept of secularism, which relegates religion to the private sphere, differs significantly from the Indian context, where religion is deeply intertwined with society and culture.
To strengthen India's commitment to secularism, various steps can be taken, including promoting education to foster mutual understanding and respect between communities. While India has made significant progress since independence, social reforms and religious tolerance need further reinforcement to achieve the vision set out by the Constitution.
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Secularism and the protection of minorities
India is a secular state, with the Indian Constitution guaranteeing legal equality to all its citizens, regardless of their religious beliefs and practices. It prohibits any kind of discrimination on the basis of religion. Secularism in India is derived from the Freedom of Religion Articles 25 to 28, with Articles 29 and 30 referring primarily to linguistic and religious minorities. The Constitution also guarantees freedom of religion to individuals and groups.
The Indian Constitution does not define the term 'minority', and the varying interpretations of 'secularism' create conflicts between minority rights and secular principles. The central government of India recognises six religious communities as minorities: Muslims, Christians, Zoroastrians, Sikhs, Buddhists, and Jains.
The implementation of affirmative policies for religious minorities has been argued to favour one community over another, going against the secular ideology of the nation. This has resulted in the exclusion of religious minorities from the benefits of such policies. For example, the Supreme Court ruled in 2015 that Dalit Muslims and Dalit Christians were entitled to reservations, but only if they reconverted to Hinduism.
The protection of minorities in a secular state is essential to maintaining religious freedom and democracy. However, India has faced challenges in this regard, with political leaders often inflaming Hindu-Muslim tensions to gain electoral support from the Hindu majority. The Bharatiya Janata Party (BJP), which came to power in 2014, has been criticised for promoting or tolerating attacks on minorities, centralising state power, and curtailing civil rights and liberties.
Furthermore, state policies have been ineffective in uplifting minorities, exacerbating the institutionalised deprivation of certain communities, such as Muslims. While India has made significant progress towards creating a secular society since its independence, more needs to be done to strengthen social reforms and religious tolerance to achieve the goals set out by the Constitution.
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Secularism in India and the challenges it faces
Secularism in India is derived from the constitution under Freedom of Religion Articles 25 to 28, with Article 29 also cited in one court case. It ensures uniformity in matters of religion to all people and groups, regardless of their faith, and emphasises that there is no state religion. The term 'secular' was added to the preamble by the forty-second constitution Amendment Act of 1976, confirming that India is a secular country.
The Indian model of secularism differs from the Western model, where religion is entirely separate from the state. In India, the state has policies relating to religion and is involved in appointing religious boards. The Indian philosophy of secularism is related to the concept of "Sarva Dharma Sambhava", which means equal respect for all religions. This is also known as 'positive secularism' and reflects the ethos of Indian culture.
However, Indian secularism faces several challenges. Communal politics, the mobilisation of votes based on religion, caste and ethnicity, has been identified as a significant threat to Indian secularism. This has resulted in violent riots, such as the anti-Sikh riots in 1984 and the Godhra riots in 2002, demonstrating the issue of communalism. There is also a perception of a lack of separation between religion and politics, with candidates selected based on religious considerations.
Another challenge is the exclusion of minorities, with religious minorities feeling insecure. For example, Muslims make up 14% of the population but only 2.5% of the bureaucracy. There is also a rise in religious intolerance, with recent incidents of youth being inspired by extremist groups, threatening the secular fabric of the nation.
To address these challenges, it has been suggested that secular politics should replace communal politics, and strong measures should be taken to combat religious extremism. Social reforms and education are also needed to strengthen religious tolerance and achieve the goal of a secular society as intended by the constitution.
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Frequently asked questions
Secularism in the Indian Constitution means that the state recognises all religions, but has no religion of its own. The state is expected to remain neutral in religious matters, providing equal treatment to all religions and not supporting or promoting any particular religious beliefs.
The term 'secular' was added to the preamble of the Indian Constitution by the 42nd Amendment in 1976. The amendment declared India to be a "Sovereign, Socialist, Secular and Democratic Republic".
Articles 14, 15, 25, 26, 27, 28 and 51A are key articles that elaborate on the concept of secularism in the Indian Constitution. These articles guarantee religious freedom and prohibit discrimination based on religion.
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