Q. Analyse critically the dynamic secularism in India. [68th BPSC]
Ans:
Secularism, in general, refers to the principle of separating religion from the affairs of the state. In a secular state, the government remains neutral concerning religious beliefs and treats all religions equally, allowing individuals the freedom to practice their religion without any interference from the state.
Dynamic secularism in India imply that secularism is not a rigid or static principle but rather a concept that evolves to accommodate the ever-changing dynamics of a diverse Indian cultural, religious, and social fabric.
- India’s Constitution guarantees religious freedom to all its citizens and ensures that the state remains equidistant from all religions. The government is prohibited from promoting or favoring any particular religion. e.g. Article 27 of the constitution provides that no person shall be compelled to pay any tax or fee for the promotion or maintenance of any particular religion or religious denomination.
- Within the Constitutional Assembly, there existed a conflict between two differing visions of secularism: one that called for a complete wall of separation between state and religion, and another that demanded that the state treat every religion with equal respect (sarva dharma samabhava). A study of the Constitution and the debates that went into its framing reveals that ultimately it was the latter vision that prevailed.
- In K.M. Munshi’s words “we had to evolve a characteristically Indian secularism… We are a people with deeply religious moorings. At the same time, we have a living tradition of religious tolerance — the results of the broad outlook of Hinduism that all religions lead to the same god… In view of this situation, our state could not possibly have a state religion (as in UK), nor could a rigid line be drawn between the state and the church (as in the U.S)..”
- According to Rajeev Bhargava, the secularism in the Indian setting calls for is the maintenance of a “principled distance” between state and religion. This does not mean that the state cannot intervene in religion and its affairs, but that any intervention should be within the limitations prescribed by the Constitution.
- Sometimes this might even call for differential treatment across religions, which would be valid so long as such differentiation, as Mr. Bhargava explains, can be justified on the grounds that it “promotes freedom, equality, or any other value integral to secularism.”
- Our Constitution doesn’t acquire its secular character merely from the words in the Preamble, but from a collective reading of many of its provisions, particularly the various fundamental rights that it guarantees. Provisions of constitutions e.g. Freedom of religion Art 25-28, rights of minorities Art 29-30, directive for uniform civil code Art 44 indicates towards dynamic secularism in India.
- Dynamic secularism in India emphasizes the accommodation of this diversity by recognizing and respecting the plurality of religious beliefs and practices. It seeks to promote a harmonious coexistence of various religious communities.
- Although, the Indian state endeavors to remain neutral in matters of religion. It does not interfere with religious practices, rituals, or beliefs. However, dynamic secularism is displayed when it intervene in religious affairs to ensure social justice, gender equality, and protection of individual rights. e.g. abolition of triple talaq, The Hindu code bills etc.
- While maintaining secular principles, the Indian government provides financial and administrative support to religious institutions, such as temples, mosques, gurdwaras, and churches. This support is intended for the welfare of the communities and the preservation of their heritage.
- India’s secularism aims to protect the rights of religious minorities and prevent any discrimination or persecution based on religion. Special provisions have been made in the Constitution to safeguard the interests of minority communities. e.g. Art- 29, 30.
- India has witnessed several religious disputes involving places of worship and sacred sites. Dynamic secularism encourages efforts to find amicable and legal solutions to these disputes, taking into account the sentiments of all concerned communities. e.g. resolution of the Ram Janmbhumi dispute.
- India’s judiciary plays a crucial role in interpreting and upholding secular principles. The Supreme Court of India has delivered landmark judgments on issues related to secularism, religious freedom, and the protection of minority rights. e.g. in S. R. Bommai v. Union of India, the Supreme Court held that Secularism is one of the basic features of the Constitution.
- Dynamic secularism may focus on balancing the protection of religious freedoms with the prevention of religious discrimination. Striking this balance is a complex and ongoing process that may require periodic adjustments.
Issues with such dynamic secularism in India:
- It is debatable up to what extent the state should intervene in religious practices and customs, and whether that falls foul of the Constitution’s guarantees.
- There has been debates whether an enactment of a Uniform Civil Code would be in keeping with Indian secularism or not.
- During the Shah Bano case, the Supreme Court held that “It is also a matter of regret that Article 44 of our Constitution has remained a dead letter.” It emphasised that “A common Civil Code will help the cause of National Integration by removing disparate loyalties to law which have conflicted ideologies.
- Some experts argue that the lack of a Uniform Civil Code perpetuates disparities and inequalities among different religious communities.
- Communalism- Some political parties and groups have attempted to exploit religious sentiments for electoral gains, leading to polarization and violence between different religious communities. It remains a major obstacle in the national integration and create division within society.
- Despite constitutional protections, religious minorities in India have at times faced discrimination and marginalization.
- Critics argue that the government’s financial and administrative support for religious institutions is not evenly distributed among all religions, leading to perceptions of preferential treatment for certain communities.
- Some critics argue that laws related to religious conversion or blasphemy have been misused to target individuals or communities, infringing upon their right to freedom of religion and expression.
- Resolving religious disputes involving places of worship has been a long-standing challenge. These disputes often lead to communal tensions and present difficulties in finding acceptable and lasting solutions. e.g. Gyanvapi dispute.
No nation can continue to grow if its central concepts become fossilised and it loses the capacity for creative reinterpretation of its philosophical roots. The capacity of periodic reformulations of basic ideas is a great secret of the continued Indian civilisation, which has survived so long despite numerous adversities. So, a diverse, plural society such as India cannot thrive without constantly evolving fluid secularism. ©crackingcivilservices.com
