Secularism
What is secularism?
Secularism as a concept has four things,1. Neutrality
2. This-worldliness
3. Scientific temper
4. If something is done in the name of religion is not always right or If something is done under the purview of religion is not always wrong.
Relationship between a country and religion:
There are basically four types of models here:
1. Theocracy
2. country under the influence of religion
3. secular country
4. Anti-religious country
What is a Theocracy?
Attributes of theocracy:
1. Religious book of a particular religion is also their constitution.
2. Religious leader is the head of the country or under the religious leader, the head of the country works.
3. There are certain privileges for the people of that religion under which the country works.
Examples of Theocracy:
1. Vatican city (Pope is the head)
2. Tibet (Dalai Lama is the head)
3. Mount Ethos (Greece)
4. Iran (It has a supreme leader)
What is a country under the influence of religion?
Attributes of a country under the influence of religion:
1. Less rigid than theocracy
2. A particular religion is given more preference
3. country is influenced by religion but the religious book is not the constitution.
4. People of this particular religion get privileges.
Examples:
Countries influenced by Christianity => are Denmark, Scandanavian countries, and England.
Countries influenced by Islam => Pakistan, Brunie.
Countries influenced by Buddhism => are Bhutan, Sri Lanka, Cambodia, and Laos.
The country under the influence of Hinduism => a Few years back Nepal was a Hindu country.
The country under the influence of the Yahudi religion is Israel.
What is an Anti-religious country?
Attributes of an Anti-religious country:
1. Based on Marxist ideology
2. Totally against religion
3. Here there are two types of countries- Rigid & Less rigid or flexible.
Under rigid countries, there are,
- USSR
- China ( 1966-1976 ) under Mao Zedong,
- Cambodia (pol pot ideology 1966-76),
- North Korea ( after 1945 Juche ideology).
Under a less-rigid country, we again have china, after 1978, The people of china can follow any religion, but only the members of the communist party of china cannot do that.
What is a secular country?
Attributes of a secular country:
1. NO country religion also NO oppose to any religion.
2. Country (gov) and religion do not interfere in each other's works.
3. A person can profess any religion.
4. No preference is given to any religion specifically. There are basically two models of secular countries:
- 1. Rigid/ Negative secularism
- 2. Liberal/ Positive secularism.
Under rigid/ negative secular countries there is no relation with any religion, for example, France.
Under a liberal/ Positive secular country, The country respects every religion but no preference is given to any religion or equal preference is given to every religion.
Is India a secular country?
Yes.
Reasons:
1. There is no country religion.
2. Our nation's flag, currency, etc have no religious denominations.
3. Constitution:
- Preamble: The word 'Secular' is mentioned here.
- Fundamental rights: Articles - 14,15,16,23,25,27,28,29,30.
- Directive principles of state policy: Article 44 (Uniform civil code).
- Fundamental duties: Article 51A.
- Article 325: Equal voting rights to every religion.
4. Laws in India:
- Representation of people's act 1951: sec 123(3) says, If any politician asks the citizens to vote based on religion and is proved in the court then that election is stated as illegal.
- IPC, Crpc, and Indian evidence act are the same for all religions. Then we have laws such as the civil procedure code, the special marriage act, the Indian succession act 1925, Juvenile justice care and protection of children act 2021. ( any person of any religion can adopt a child of any religion ) , Oath act 1969 ( No religious book is used to take an oath).
Exception in the Indian constitution and laws:
1. Uniform civil code not yet implemented even after being present in the constitution ( We have different civil laws for different religions in our country).
2. Article 30: If the government takes the land of a minority institution then it has to pay them compensation at the market price, On the other hand, If gov takes the land of a majority institution then it can give compensation as per their wish/will.
3. Citizenship amendment act: Citizenship will be given based on caste lines.
5. Subsidies: subsidy for religious pilgrimage.
6. Holidays are given based on religious festivals.
Secularism in the context of judiciary:
India follows the concept of positive secularism.
Reasons:
1. Basic structure doctrine (SR Bommai case)
2. SC judgments:
- 1974 (St Xavier's College Ahmedabad)
- 1992 ( Atheist society Karnataka)
- 1994 ( Santosh Kumar case)
- 2002 Aruna Roy case ( National education curriculum)
The judgments of the SC that make secularism stronger in the country:
- Shah Bano case (1985)
- Shayara Bano case (2017)
- Shabnam Hashmi case (2014)
- Sabrimala judgment (2018).
- Bigamy for Hindus is not allowed
- cow slaughter on Eid is not allowed
Secularism in other countries:
- France had five constitutions. France follows negative secularism or a rigid form of secularism.
- Act of secularism 1905 ( secularism in France is called Laïcité.
- Examples:
- 1) 2004 - No religious symbols/attires allowed in schools.
- 2) 2011 - No religious symbols/attires are allowed in hospitals.
- 3) No religious symbols/attires are allowed in public places.
- 4) 2021 - France strengthened oversights on mosques to safeguard its country from radical groups.
- England follows positive or liberal secularism.
- Exceptions:
- 1) Prayers in schools ( 51% or more should be Christian prayers ).
- 2) Crown ( Head of the state is also the head of the church).
- 3) Coronation of the crown ( It is done by the church ).
- 4) House of lords i.e their Lok sabha ( has approximately 26 members of parliament are people from the church called as lord's spiritual ).
- 5) House of Lords (Its session starts with Christian prayer ).
- The USA follows the concept of positive secularism.
- 1) The third president of the USA initiated the concept of the " Wall of separation " between the government and the church.
- 2) 1952 - 'Doctrine of accommodation' was adopted in the united states.
- Exceptions:
- 1) The motto and the currency of the united states has the phrase " In God we trust ".
- 2) The oath of the judges is taken in the name of god.
- 3) The parliament of the USA ( Congress ) starts with prayer.
- Turkey has the concept of a state under the influence of religion.
- 1) Hagia Sophia
- 6th century - It was a church
- 15th century - Became a Mosque
- 1934 - Under the rule of Kemal Atatürk it became a museum
- 2020 - Again became a mosque
- Iran is a theocracy.
- 1) 1925 - Reza shah took turkey on the path of secularism.
- 2) 1979 - Ayatollah Khomeini stated shariyat as the law of land.
- 3) 2021 - Ali Khamenei is now the supreme leader of Iran, the supreme leader is above the head of the state.
Crux:
Secularism is of two types: 1) Positive and 2) Negative secularism. In India, Secularism is a part of the basic structure of the constitution. So, even if the preamble of our constitution did not have the word secular in it still India would remain a positive secular country.
My opinion:
There is actually no good Hindi word for secular. Some people think that it means 'opposed to religion. But this is not the correct notion of secularism. Secularism means a state ( country ) that honors all faiths equally and gives them equal opportunities, that as a state does not allow itself to be attached to one faith or religion, which then becomes the state religion. "Dr. Ambedkar asked for strict control over religion, because religious conceptions in our country he said, are so vast that they cover every aspect of life from birth to death. We should strive to limit the definition of religion so that it does not extend beyond beliefs and rituals of ceremonies ". At the core of secularism is the belief that no one will be given an advantage or be disadvantaged for reasons outside their control, for instance, one's birth into a particular religious community. Secularism is therefore a companion concept of democracy. Non-discrimination can only be ensured when the state does not adopt a religion. Secularism is derived from the Hindu principle of Sarva dharma samabhava ( Justice Sawant ). The secular state is essential for the working of democracy. It is also a precondition for the realization of social and economic needs for material prosperity and political justice. Secularism will succeed in achieving its objectives if people comprehend the significance of tolerance in their relationships with others. Though secularism has generally been viewed as the binary opposite of religion, it is the binary opposite of theocratic states that gather religious and political power in one set of hands. The challenge to political secularism has not come from personal faith or religion but from religious groups that struggle for power and domination. Secularism does not tell people how to lead their lives or what to strive for, the principle of secularism contributes to the construction of a normative structure where people can pursue their faith, or any other substantive conception of the good, unburdened by discrimination. We cannot get our minds and lives to be ghettoized and partitioned, we cannot lose the ability to accept others because of their beliefs. We as a country will cede to be a great civilization if we continue to turn inwards and stop being sensitive to the pain and humiliation of our fellow citizens. The moment we conceptualize the projects of civil coexistence based on democracy, living together civilly, The concept of secularism as a political policy will map itself in the claim that India was a great civilization, is a great civilization, and will have a great future.
