Secularism in India

1
Right to Freedom of Religion Secularism in
India Secularism is the detachment of religious
affairs from the operation of political,
economic and social activities in a state. This
principle denotes that religion and state share
no nexus with one another.
In simple words, Secularism is a principle which
ensures that the political decisions of a state
are not influenced by religious institutions.
This principle also ensures that no religion is
considered superior and all religions are given
equal status. Every country exercises its own
form of Secularism in a different way. In a
nutshell, Secularism has two sides, one is
positive and the other is negative.
2
Today well learn about, what is Secularism in
India? And how it is different from the
secularism in other countries? Indian Definition
of Secularism We the people of India, having
solemnly resolved to constitute India into a
SOVEREIGN..and to secure to all its
citizensLIBERTY of thought, expression, belief,
faith and worshipadopt, enact and give to
ourselves this constitution. These are the very
first words of Indian Constitution. The Preamble
which is called the mirror of our constitution
declares India to be a Secular State, a state
which respects all religions and give them their
freedom of religion. India has adopted the
positive side of Secularism i.e. the state
neither supports the religion nor opposes the
religion it stays neutral, when it comes to
religion. In India, every religion is treated
equally, and every person is provided the
freedom to Practice, Profess or Propagate his
religion. In the case of St. Xaviers College v.
State of Gujarat, AIR 1974, the Supreme Court
explained Indian Secularism as- Secularism is
neither anti god not pro god, it treats
devotees, antagonist and atheist in the same
manner. It removes religion from the state
3
matters and ensures that no one is discriminated
on the ground of religion. Therefore, India
practices that form of Secularism, where the
religious and political lines do not cross each
other. The state favors no religion but respects
every religion. Why India is Secular? Technically
the word Secularism was inserted in the
42nd
Constitution by way of Amendment in 1976.

• However, secularism was in the roots of this
  country way before this amendment. We often ask
  that why India is Secular? Well! Lets discuss
  the answer in the following points-
• The Forty Second Amendment- This amendment was
  brought in year 1976 when it added three new
  words to the preamble. One of these words was
  Secularism. This step ensured a constitutional
  significance of the fact, that there is no state
  religion in India and every religion is equal in
  India.
• Article 14- this article enshrines that every
  person shall enjoy equality before law and equal
• protection of laws within India. This is the
  ideal
• principle ensuring Secularism because it provides
  that no one shall be treated unequally. As per
  this article, every religion in India is equal
  before law.

4

• Freedom of Religion-Article 25-28 of the
  Constitution of India provides that every citizen
  shall have a Right to Freedom of Religion. these
  articles denote the secular character of India-
• Article 25 provides Freedom of Conscience and
  the Right to freely practice, profess and
  propagate religion. Basically, this article
  grants every citizen the freedom to worship his
  god in the manner he likes.
• Article 26 provides that every religious group
  has a right- to establish and maintain religious
• institutions, to manage its own religious
  affairs and to own movable and immovable
• property. This article ensures the economic
• and administrative freedom of religious groups
  in India.
• Article 27 provides that no one shall be
  compelled to pay any taxes for the promotion or
  maintenance of any religion. This article
• denotes secularism because it also makes sure
  that the money collected by way of tax will
• not be spent by the state for the promotion of
  any religion.
• Article 28 provides that if any educational
• institution is managed by state funds, no
  religious activity would take place in that
• institution. This article prohibits influence of
  religion over educational activities.

5

• Article 15- This article provides that no one
  shall be discriminated on the basis of religion.
  No restrictions or conditions shall be placed
  upon any person on the ground of Religion.
• Article 16- this article ensures that every
  citizen is provided equal opportunity in public
  employment irrespective of his religious or
  spiritual orientation.
• Directive Principles of State Policy- The part IV
  of the Constitution deals with the DPSPs. There
  are provisions ensuring religious harmony and
  spirit of brotherhood in this part. These
  principles are widely refereed to, when the
  legislative makes any legislation. Therefore,
  these principles reflect in the laws of the
  country.
• Indian Secularism v/s Western Secularism
• India follows the positive concept of Secularism,
  whereas the West follows the negative concept.
• In West, state and religion are completely
  separate and they do no interfere in the
  functioning of the other. However, in India state
  is not completely ignorant towards religion, it
  stays neutral for every religion and intervenes
  when required.
• In West, a single uniform code of law is used for
  all regions, but in India we have the law which
  is

6

• equal for everyone, but we have personal laws for
  religions.
• In West, a wall that separates region and state
  exists, but in India, both the state and religion
  can interact with each other by lawful means.
• In Western Countries, the state does not offer
  any aid or economical help to religions, however
  in India state does help of religious
  minorities and groups for their betterment.
• Western Countries do not interfere in the
  religious
• affairs, unless they violate any law, but in
  India, the state can interfere in religious
  matters to stop them from doing any evil. For
  example- India has abolished- triple talaq,
  sati, animal sacrifice etc from religions.
• Conclusion
• Indian Secularism can be understood with an
  example of Solar System. Like every planet in
  solar system has its own place and they do not
  interfere with the sun or with other planers
  similarly all religions mutually exist in their
  sphere without any state interference.
  Secularism is the basic structure of Indian
  Constitution that cannot be altered or removed.
  This principle connotes the basic moral and
  social value that we, as Indian possess. There
  is no religion in India that is treated as
  superior to others. However like every right,
  this principle also has some limitations. You can
  wave

7
your hand in the air freely until you injure
someones nose. Every religion has right to
exercise their freedom until and unless they
interfere with the freedom of any other
religion. More information you can get from E
learning Platform in India