1
THE INDIAN CONSTITUTIONAL LAW:
NEW CHALLENGES
TOPIC
SECULARISM AND RELIGIOUS
FANATICISM
Prepare for your exams
Study with the several resources on Docsity
Earn points to download
Earn points by helping other students or get them with a premium plan
Guidelines and tips
Prepare for your exams
Study with the several resources on Docsity
Earn points to download
Earn points by helping other students or get them with a premium plan
Community
Ask the community
Ask the community for help and clear up your study doubts
University Rankings
Discover the best universities in your country according to Docsity users
Free resources
Our save-the-student-ebooks!
Download our free guides on studying techniques, anxiety management strategies, and thesis advice from Docsity tutors
Secularism and the religious fanaticism, Essays (university) of Legal and Social Theory
Secularism and the religious fanaticism is a concept covered under the law and social transformation. LLM first year first sem.
Typology: Essays (university)
2024/2025
1 / 16
This page cannot be seen from the preview
Don't miss anything!
Related documents
Partial preview of the text
Download Secularism and the religious fanaticism and more Essays (university) Legal and Social Theory in PDF only on Docsity!
THE INDIAN CONSTITUTIONAL LAW:
NEW CHALLENGES
TOPIC
SECULARISM AND RELIGIOUS
FANATICISM
SECULARISM AND RELIGIOUS FANATICISM
INDEX
S.NO CONTENTS PG.NO
1. Introduction 3
2. Secularism – Indian Constitution 3
3. Seperation of State from Religion 4
4. Religion and law 4
5. Religion in India 5
6. Religion as a Divisible Factor 5
7. Secularism Provisions under the Indian
Constitution
8. Freedom of Religion under A.25 9
9. Restriction on the freedom of Religion 11
10. The Superiority of proffesed religion 13
11. Religious Fanaticism 13
12. Secularism as a solution to the problem 15
13. Conclusion 16
14. References 16
addition of word “secular” to the Preamble of Indian Constitution in 1975. Thus, the Indian Constitution guarantees both individual citizen and the society as a whole, the freedom of religion through the articles 25 to 28 included in the Part III dealing with Fundamental Rights. The Article 15 and 16 have also protects the people from discrimination on religion basis. The Indian Constitution in its Preamble which deals Fundamental Rights and the Directive Principle has been based on the secular, equality and non – discrimination. The word “secularism” used in the preamble of the Constitution is reflected in provisions contained in Articles 25 to 30 and Part IVA added to the Constitution through the Article 51A which is on the fundamental duties of the citizens. It can be understood on the basis of more than 70 years experience of the working of the Constitution. The complete neutrality towards religion and apathy for all kinds of religious teachings in institutions of the State have not helped in removing mutual misunderstanding and intolerance inter se between sections of people of different religions, faiths and beliefs.
SEPERATION OF STATE FROM RELIGION:
The 42nd amendments of the constitution included the term “Secular” which created an environment of anti-religion due to the fear of religious of majority and even the attitudes towards the people of a particular religion among the educated youths in India. This mind set has resulted in sustained demand from such group for the separation of religion from politics. Contrary to the Constitutional provision, the politicians, the intellectuals, and others have created or so to say succeeded in creating a “rigid wall of separation between the state and religion” which is the aim of the founding fathers of our constitutions. Dr. S. Radhakrishnan, rightly said, “The secularism is embedded in our constitutional values. When India is said to be a secular State, it does not mean that that we exalt irreligion. India will not identify itself with a particular religion and more so, it cannot be controlled by any particular religion.”
RELIGION AND LAW:
India is a country consists of various religions such as Hinduism, Sikhism, Buddhism, Jainism, and some significant number of Muslims and Christians are living in the country. The Indian Constitution includes some aspects of religious laws, which
have been applied in the certain areas such as marriage, divorce, or property disputes. Religion is the very basis of human life also a way of living, with the moral duty of following rules of the religion which enters the boundary of law, whereby by making a person compelled to follow the rules that have been decided by the state. Before the concept of state, people were bound to follow religion. Thus, religion plays a vital role in maintaining the law and orders in ancient times and hence, it makes evident that religion and law are dependent on each other.
RELIGION IN INDIA:
The word ‘religion’ was always misinterpreted for interest of some people and later on misunderstood by whole society itself. We come to the conclusion after looking at various texts of religion, that none of the religions, allowed inhumane behaviour with anyone. One definition was given by one spiritual man when he was asked in foreign country as to what is the Indian religious tradition, the man replied “close your eyes and open the vision” the meaning is to be rich in relation with spiritual life and not make rich by materialistic approach. But, now looking into the above answer by the spiritual man, then we have to be agree whether we follow any religion, spiritually, the answer is no. They entered in variousism and sub-sects of religion. Then politics enter and it is more divided, so religion is divisible factor. Long time ago the Mughals invaded India and some of them plundered slaughtered and forcefully converted people into Islam. Therefore the British invaded India and plundered more and slaughtered less. But what they did best was they divided India along all sorts of lines by religion, caste, language and region etc. The British rulers were criticised by Indians for the same. But before learning India, they taught us to fight amongst ourselves and kill our own brothers. The Mughals got assimilated and the British left India to the dark skinned wogs (black person). But what doesn’t seem to have left us is the British policy. Not only in all public Spheres as economy, law, education and government do we ape them, but we also seem to have clung on to their very desirable policy of Divide and Rule.
RELIGION AS A DIVISIBLE FACTOR:
Divisible factor means some facts, which contribute to or has an influence in separating into different parts. A big country, just like India have various religions, under religion we have various castes and then sub-castes, regionally divided into 28 States and 7 Union Territories, as many as 22 Constitutional languages are spoken, and
uncompromising manner and to accelerate the pace of change in India. The rise of communalism, casteism, obscurantism and fundamentalism are warning signals that whip up emotions and cause strife in the name of religion and caste, threatening national integration and the very unity of the nation.
SECULARISM PROVISIONS UNDER THE INDIAN CONSTITUTION:
The constituent assembly which was constituted to frame a Constitution for India declared eight guiding principles of Indian Constitution. Among these eight basic and guiding principles of the Constitution Secularism is placed in fifth position. To that extent the Constitutional pundits gave importance for secularism. The idea of secularism is essential to maintain unity in diversity. Secularism is a basic ideology for the effective functioning of a healthy Democracy. When the Indian Constitution was adopted in January 1950, it has got sufficient provisions to promote secularism. The Constitution of India firmly believes in the principle of secularism. The founding fathers of the Indian Constitution never hesitated to build India on secular foundations. They opposed and defeated the amendment of Mr. H. V. Kamath to invoke the name of god in the preamble of the Constitution. Pandit Kunjru said that we invoke the name of God, but I am bold to say that while we do so, we are showing a narrow, sectarian spirit, which is contrary to the spirit of the Constitution. The Indian Flag consists of Ashoka Chakra in its center. The wheel has many spokes but, all are of equal length. It indirectly refers to the Indian stand on the principle of equal treatment of all religions. (Sarva Dharma Sambava). Although, the word 'Secular' was not there initially in the constitution.a mere perusal of the various articles of it would amply demonstrate that 'Secularism' is an integral part of the Indian constitution. At this juncture, it would not be inappropriate to have a glance at the relevant constitutional provisions pertaining to secularism. Article 14 of the constitution provides for equality before law for all people.^2 Article 15, inter alia, lays down that the state shall not discriminate any citizen on the ground of religion.^3 Article 16 provides for equality of opportunity in matters of employment under the (^2) INDIA CONST.art.14. (^3) INDIA CONST.art.15.
state, irrespective of religion.^4 Article 25 provides for freedom of conscience and the right to profess, practice and propagate the religion of one's choice.^5 The constitution not only guarantees a person's freedom of religion and conscience, but also ensures freedom for one who has no religion, and it scrupulously restrains the state from making any discrimination on grounds of religion. Article 26 provides freedom to manage religious affairs^6 and Article 27 prohibits compulsion to pay taxes to benefit any religious denomination.^7 The impact of Secularism can also be seen in Article 28, which states that no religious instruction shall be provided in any educational institution wholly maintained out of state funds.^8 The analysis of the above said constitutional provisions makes it amply clear that Indian secularism is unique and it treats all religions alike. In our country, judiciary is the guardian of the constitution and it has been held by the Supreme Court that secularism is a basic structure of the constitution and it cannot be altered by a constitutional amendment. Before looking into the Articles in the Constitution that are supposed to interpret the idea of secularism, it will be worthwhile to look into one important judgment given by the Supreme Court of India viz. Kesavananda Bharati vs. State of Kerala case which was decided by a full Constitutional bench of judges on April 24, 1973. By a water- thin majority of 7- 6, the Supreme Court held that the power to amend the Constitution under Article 368 couldn't be exercised in such a manner as to destroy or emasculate the fundamental features of the Constitution. In identifying the features, which are fundamental and thus non-amendable in the constitution was this statement - A secular State, that is, a State in which there is no State religion (5(vii)). This was (probably) the first time that the concept of secularism was interpreted by the Supreme Court. Here we get the first authorized interpretation of the word "secular" as mentioned in our Constitution. So our basic idea of being a secular state is that we do not have a 'State religion'. (^4) INDIA CONST.art.16. (^5) INDIA CONST.art.25. (^6) INDIA CONST.art.26. (^7) INDIA CONST.art.27. (^8) INDIA CONST.art.28.
Article therefore postulates that there is no fundamental right to convert another person one's own religion, because if a person purposefully undertakes the conversion of another person to his religion as distinguished from his effort to transmit or spread the tenets of his religion that would impugn on the freedom of conscience guaranteed to all citizens of the country alike; as decided in Rev, Stainialaus v. St. of Madhya Pradesh.^9 The Supreme Court in Punjab Rao v. D. P. Meshram,^10 expresses that, the right is not only to entertain such religious belief as may be approved by his judgment or conscience but also to exhibit his sentiments in overt acts as are enjoyed by religion. In the words of the Article, he may "profess a religion means the right to declare freely and openly one's faith." And in Ratilal Panachand Gandhi v. State of Bombay",^11 declares that he may freely practice his religion; "Religious practices or performance of acts in pursuance of religious belief are as much a part of religion as faith or belief in particular doctrines". Rituals and observances, ceremonies and modes of worship considered by a religion to be integrals and essentials part are also secured. What is integral and essential part of a religion religious practice has to be decided by the Courts with references to the doctrine of a particular religion include practice regarded by the community as part of its religion as put forth by the honourable Supreme Court in Seshammal v. state of Tamil Nadu^12. Again in Ratilal, the SC states that, he may propagate freely his religious views for the edification of others. It is immaterial also whether a person makes the propagation in his individual capacity or on behalf of some church institution. If one makes an attempt to look at the secular aura in our Constitution, the only point reach is Article 25, which refers "Right to freedom of religion". It reads thus "Freedom conscience and free profession, practice and propagation of religion (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion". (^9) AIR 1977 SC 908 (^10) AIR 1966 SC 1179 (^11) AIR 1954 SC 388 (^12) (1972) 2 SCC 11
In Bijoe Emmanuel v. State of Kerala^13 also known as National Anthem case, the Supreme Court has upheld the religious belief of the Jehovahs witness, a Christian community not to praise anybody but for his or her own embodiment of God. In case the children of Jehovahs witness were expelled from the school for refusing to sing National Anthem. The Supreme Court held their religious practice was protected under Article 25. Chinnappa Reddy, J., observed "that the question is not whether a particular religious belief or practice appeals to our reason of sentiment but whether the belief is genuinely and conscientiously held as part of the profession or practice of religion. Our personal views and reactions are irrelevant. If the belief is genuinely and conscientiously attracts the protection of Article 25 but subject, of course, to the limitations contained therein". The Indian constitution provides for the individual as well as collective freedom of religion. The basic guarantee of this right of individual freedom is in Art. 25 (1). This freedom extends to all persons including aliens underlined by Supreme Court in Ratilal Panchand vs. of Bombay. The Indian Constitution makes freedom of conscience as well as right to profess, practice and propagate religion subject to state control in the interest of public morality and health. But Supreme Court has made it clear that state can have no power over the conscience individual - this right is absolute. The Indian Penal Code (sections 295-8) makes it a crime injure or defile a place of worship or to disturb a religious assembly etc., even though these actions might be sanctioned by offender's own religion. Practices like devadasi, sati may have religious sanctions but the state still has constitutional power to ban them. Art. 25(2) grants to state broad, sweeping powers to interfere in religious matters. This reflects peculiar needs Indian society. The extensive modification of Hindu personal law has been by legislation based on this provision. Art. 25(2) thus authorizes the state to regulate any secular activity associated with religion, to legislate social reforms.
RESTRICTIONS ON THE FREEDOM OF RELIGION:
Restrictions to the enjoyment of Right to Religion: (^13) AIR 1987 SC 748
essential or required for religious purpose of Muslim. Article 25 deals with essential religious practices.
THE SUPERIORITY OF PROFESSED RELIGION:
All religions emphasize love and humanity. But in reality, religions make people hate each other. Religions install in people the idea that anyone who differs from their religious beliefs is evil, unworthy of association, or even lacking humanity, so people of a particular religion do not like those of another religion. This was one of the causes of the global bloodshed, splitting humanity.
RELIGIOUS FANATICISM:
Secularism in India is based on the rich heritage and culture steeped in its various religions. The secular fabric of the country is very well reflected in the phrase ‘Vasudhaiv Kutumbakam’ which means that the whole world is one family. India has always been an inclusive society, which has welcomed people of all religions and faiths with open arms, never discriminating among religions and never considering any religion or faith to be a threat. But this secular fabric has not meant that there is no communalism in India. In spite of a number of laws treating people of all religions at par, India has had a long history of communal riots, the worst of them being at the time of partition of the country when blood flowed as rivers. In a land where tolerance is byword for life, when did this hatred for fellow beings arise? The answer to this question lies in the British rule of the country, particularly post- 1857. Prior to 1857, the British rulers restrained themselves from interfering in the social structure of the country. Post -1857, they realized the importance of dividing the people of the country in order to weaken them. This gave rise to the divide and rule policy, which they used on religious lines thus distancing Hindus and Muslims. The persistence of this policy of the British is reflected in the painful partition of the country and the displacement of a large number of people from their hearths and homes. This has continued even after the independence of the country in spite of the government being neutral as far as religion is concerned and the constitution ensuring that there is no discrimination on the basis of religion as far as employment, education etc. are concerned. This is apparently on account of minimal social interaction between
various religious communities leading to a distorted view of other communities and its practitioners. Such a social interaction is especially important to heal the scars and pain of the partition. The delicate secular fabric could not withstand the body blow of the partition. This situation was sought to be remedied through the provisions of the constitution. The pain of the partition revisited the country in the form of communal violence riots from time to time, as if not to let people forget their wounds. The action or inaction of the political leaders and the administrative system at times also added to the communal frenzy. Some major events which changed the way world viewed India were based on communal frenzy viz. Babri Masjid demolition, the Gujarat riots, Delhi (Sikh) riots. Babri Masjid located at Ayodhya in Uttar Pradesh was demolished on December 6, 1992 by kar sevaks under the guidance of some of our leaders who are facing trial in the case. The demolition of the Babri Masjid made the fabled respect for all religions that Indians have a thing of the past. The fact, that a religious shrine of any religion could be demolished, raises questions about the secularity of the people of the country as also the conviction of the state towards secularism. The Gujarat violence in 2002 is a matter of great shame for the country. The fact, that people were massacred only on account of their belonging to a particular religion, is unacceptable in any secular nation. The fact, that the administration reacted late, also raises questions regarding the State's belief in secularism. A similar incident, which happened about two decades prior to the Gujarat violence was the riots of Delhi in 1984. Sikhs were brutally slaughtered on the streets of Delhi just because the person who assassinated the then Prime Minister of India, Smt. Indira Gandhi happened to be a Sikh. It is ironic that this killing happened to exact revenge for the death of the person who was instrumental in incorporating the word 'secular' in the Indian constitution. Needless to say it is totally unfair comparison. In fact one cannot take values of one religion and compare it with history of other. Values must be compared with values and history must be compared with history. While values are divine, humanitarian and common to all religions, history is full of violence perpetrated by various vested interests, power struggle within or two or more faith communities and often represents worst side of human behaviour. It should not be blamed on religion.
state and religion, and secularism is one of the concepts that separates the state and religion.
CONCLUSION:
Secularism and religious fanaticism represent two opposing approaches to the interaction between religion and society. Secularism emphasizes the separation of religion from state affairs, promoting equality, tolerance, and freedom of belief for all. It fosters a pluralistic society where diverse beliefs coexist peacefully, enabling the development of democratic and inclusive institutions. On the other hand, religious fanaticism often leads to intolerance, discrimination, and conflict by prioritizing rigid interpretations of faith over coexistence. It undermines societal harmony and can lead to violence, oppression, and the erosion of human rights. In conclusion, the balance between secular principles and respect for religious diversity is essential for fostering a stable, peaceful, and equitable society. Secularism, when implemented responsibly, acts as a safeguard against the divisive tendencies of fanaticism, ensuring freedom and harmony in a multicultural world.
REFERENCES:
BIBLIOGRAPHY:
- Constitutional law new challenges – Dr. G,P,Tripati ( 2nd Edition)
- Constitutional law of India – V.D.Mahajan ( 8th Edition)
- Constitutional law of India – Dr.J.N.Pandey (55th edition)
WEBLIOGRAPHY:
- https://typeset.io
- https://indiankanoon.org