What is Secularism? Secularism in Indian Society

1. What is context?

The words ‘Secular’ and ‘Socialist’ were added in Preamble by 42nd constitutional amendment act 1976. However, time and again the demand has been raised to remove these words from preamble. It is because these words were added during internal emergency. This year (June 2025) 50 years completed to the emergency event. Again the demand to remove these words is being made by leaders including Vice President of India Jagdeep Dhankhar.

2. Definition of Secularism

Secularism is the principle which advocates the separation of religion from the state. It also ensures that government treat all religions with equal respect without discriminating or favouring any particular religion.

3. History of Secularism In India

1) Ancient India: Maurya king Samrat Ashok in his 12th rock pillar edict appeal for the religious tolerance towards all religions.

2) Medieval India: Mughal king Akabar tried to introduce faith ‘Din-e-Illahi’ which had the teachings from all religions.

3) Modern India: Nehru Report of 1928 had the provision to remove separate electorate provision which was introduced by Government of India Act 1909 and strengthened further through subsequent acts. (Separate electorate is the mechanism where each candidate vote only for candidate of their religion, caste or faith. For Example, Muslim voters would give votes only to Muslim candidate).

4. Constitutional Provisions Regarding Secularism

1) Article 15: No discrimination on the basis of religion, race, caste, sex or place of birth.

2) Article 16: Equal opportunity to all in terms of public employment irrespective caste and religion.

3) Article 25: Freedom of conscience, to profess and practice any religion.

4) Article 26: Freedom to manage religious affairs.

5) Article 27: No tax for the promotion of religion.

6) Article 28: No religious instructions in the educational institutions entirely funded by the state (Union government or state government).

7) Article 44: Uniform Civil Code for the citizens of India. (Uttarakhand became first state after Goa to implement Uniform Civil Code). This provision is given in the Directive Principles of State Policy.

8) Article 51(A)(e): Promoting harmony and spirit of common brotherhood ignoring religions, linguistic and regional differences.

5. Important Court Cases Regarding Secularism

1) Shirur Mutt Case (1954): Only those religious practices are protected which are necessary, just and humane. For example, unnecessary practices like Instant Triple Talaq has been banned.

2) Keshvanand Bharati Case (1973): Secularism is the basic structure of the constitution and thus even constitutional amendment under article 368 can not be used to alter this.

3) Stanislaus v/s State of Madhya Pradesh (1977): Propagation of religion under article 25 does not include forced conversions.

3) S.R. Bommai v/s Union of India (1994): Even before inclusion of ‘Secular’ and ‘Socialist’ words into preamble these are embedded in our constitution.

6. Indian v/s Western Secularism

A. Indian Secularism:

1) Sarv Dharm Sambhav: Equal respect to all religions.

2) No official religion of India.

3) No intervention in respect of any one particular religion.

4) Freedom to practice any religion to anyone in India.

5) India has Positive Secularism meaning there is no strict separation of religion from the state.

B. Western Secularism:

1) There is strict separation between religion and state (Negative secularism).

2) No intervention of state in the matters of religion.

3) No intervention of religion in the affairs of the state (Political affairs).

4) Equal justice through uniform law. In India, for example, Sharia for Islamic religious affairs, Hindu Marriage Act for Hindu religious affairs.

7. Challenges

1) Communalism: The incidences of communalism such as Hindu-Muslim riots are threat to spirit of secularism. E.g. Godhra Riots of 2002.

2) Forced Conversions: Christian missionaries take the benefit of poor people by offering them incentives to convert them to Christian faith. This practice comes within forcible conversions.

3) Secularism has not been given much significance in the school education.

4) Religious intolerance is on the rise which includes hate of other religions and pride in one’s religion.

5) Less representation of minorities in Politics and Economic sphere.

8. Solutions To Above Challenges

1) Promote Constitutional Morality: Encourage adherence to the values enshrined in the preamble such as Justice, Liberty, Equality and Fraternity.

2) Civic Education: Integrate secular and constitutional values in school curricula to build culture of tolerance and pluralism from young age.

3) Government policies should be need based and not based on religious identity. E.g. Welfare schemes should be secular intent and delivery.

4) Uniform Civil Code: Promote discussions and consensus building on Uniform Civil Code while respecting religious and cultural diversity.

5) Strict Enforcement of Laws: Implement laws to penalize hate speech and religious incitement.

6) Accountability of Public Figures: Political and religious leaders must be held accountable for inflammatory statements.