India is home to eight major religions of the world. Therefore, there must be a necessary concomitant for peaceful co-existence of all the religions in the country. The 42nd amendment to the Indian Constitution inserted the word “secular” in the Preamble of the Constitution. The word ‘Secularism’ is derived from the Latin word saeculum meaning “age” or “generation”. The term “secularism” was coined by George Jacob` Holyoake in Europe, in the year 1648.  In S.R. Bommai v. Union of India, 1994 SCALE (2) 37 Case, the Court said that secular nature is one of the basic features of the Constitution. In this article, we shall discuss secularism as solution to communalism.

There are two possible models of secularism. In the first one, there is a complete separation of religion and state to the extent that there is an ‘impassable wall’ between religion and secular spheres. In such a model, there is no state intervention of religious matters and vice versa. In the other model, all religions are to be treated equally by the state; in other words, the state is equi-distant from all religions. This model is also referred to as ‘non-discriminatory’ and is particularly relevant for multi-religious societies. In contrast to the former model, the latter allows for state intervention on grounds of public order and social justice. India adopted the later form of secularism.

The principle of ‘secularism’ as understood in the United States means that the state and the church co-exist in the same human society without having to do anything with each other. In Europe, the vision of secularism evolved as the negation of all things religious, particularly in political functioning. A ‘secular state’ in the Indian context means one, which protects all religions equally and does not uphold any religion as the state religion. The Sanskrit phrase ‘Sarva Dharma Sambhava’ is the most appropriate Indian vision of secular state and society.

Distinction Between Indian and Western Concept of Secularism:

Indian Concept of Secularism	Western Concept of Secularism
All religions get equal protection from the state.	State is separate from the religious groups or institutions functioning.
There is no clear demarcation between religion and state in India	In this case, secularism refers to the complete separation between religion and state
State provides partial financial support for religious schools.	In the Western model, state doesn’t give financial support to any religious institution
Rights of religious community and individuals are protected	Focus given to the Individual rights
The role of religious bodies are big and contribute to Indian politics	The role of religious bodies is small in national politics.
No one religion dominates Indian society	Christianity is the most reformed and single dominant religion in the state.

India being a secular country promotes equal faith towards all religions. Secularism does not mean that State is hostile to a religion. The State is not partial towards any religion and this helps in maintaining co-existence between different religious groups. However, if religion becomes a threat to the peace and harmony of the Nation, State may intervene in religious matters and act as a reformist. Similarly, Law may protect and preserve certain precepts of religion like humanity, togetherness, harmony etc. Society is the common ground for both religion and State and for orderly development of the society a balance between the values preserved by religion and those preserved by State must be reached.

Features of Secularism:

The features of Indian Secularism are as follows:

• Equal respect and recognition of all religions by the state.
• No interference in the functions of any religion by the state.
• No discrimination by the state based on religion,
• There is no official religion in India
• As per Article 25 of the Indian constitution, an individual has the right to practice, profess and propagate any religion in India.

In Ahmedabad St. Xaviers College Society v State of Gujarat, 1974 AIR 1389 case, where question was raised regarding the secular nature of the Constitution. The Court observed that the secularism in India is perceived differently from the Western practice of secularism where there is a clear division between church and the State. Justice Chandrachud and Mathew wrote: “Our Constitution has not erected a rigid wall of separation between church and state. We have great doubts whether the expression ‘secular state’ as it denotes a definite pattern of church and state relationship can with propriety be applied to India. It is only in a qualified sense that India can be said to be a secular state. There are provisions in the Constitution which make one hesitate to characterize our state as secular…”.

In M P Gopalakrishnan Nair v. State of Kerala, (2005) 11 SCC 45 case, the Court held that secularism under the constitution does not mean the constitution of an atheist society but merely that all religions enjoyed equal status without any preference in favour of or discrimination against any one of them.

Constitutional Provisions:

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.

• Article 14 of the constitution provides for equality before law for all people.
• Article 15, inter alia, lays down that the state shall not discriminate any citizen on the ground of religion.
• Article 16 provides for equality of opportunity in matters of employment under the state, irrespective of religion.
• Article 25 provides for freedom of conscience and the right to profess, practice and propagate the religion of one’s choice. 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 and
• Article 27 prohibits compulsion to pay taxes to benefit any religious denomination.
• Article 28 states that no religious instruction shall be provided in any educational institution wholly maintained out of state funds.

Article 25 of the Constitution of India:

The Constitution of India guarantees six fundamental rights to its all citizens, and one of these rights is freedom of religion. These rights are available for citizens and non-citizens as well. Article 25 provides

• Freedom of Conscience
• Right to Practice any Religion
• Right to Propagate any Religion
• Right to Profess any Religion

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.

In Rev Stanislaus vs Madhya Pradesh, 1977 SCR (2) 611, case, where the Supreme Court of India considered the issue whether the fundamental right to practise and propagate religion includes the right to convert, held that the right to propagate does not include the right to convert and therefore upheld the constitutional validity of the laws enacted by Madhya Pradesh and Odisha legislatures prohibiting conversion by force, fraud or allurement.

In Mohd. Hanif Quareshi vs. State of Bihar, AIR 1958 SC 731 case, where the challenge was to three laws banning the slaughter of certain animals, passed by the States of Bihar, Uttar Pradesh and Madhya Pradesh. The Court observed that the right to religious freedom is however subject to public order, morality and health.

Although freedom of religion is granted to all people as a fundamental right under Article 25 of the constitution, Article 44 directs the state to enact a uniform civil code applicable to all irrespective of their religious faith and beliefs. Further, the directive principles contain a special provision-enunciating ban on cow-slaughter as a desirable policy.

Article 51(e) and (f) talks about fundamental duty of the citizens to promote harmony and common brotherhood transcending religious, linguistic diversities etc. It also hints at religious tolerance.

Penal Provisions:

Chapter XV of the Indian Penal Code (Sections 295 to 298) helps the state in maintaining religious harmony in the country and provides punishments in case religious beliefs of individuals become causes of hostility or violence amongst people. The offences under these sections include injuring places of worship or object with the intention to insult the religion of any class, outraging or wounding the religious feelings of persons and trespassing burial grounds or disturbing religious assemblies. The sections punish deliberate acts of verbal or visible representation. It also punishes persons who voluntarily cause disturbance to religious assembly and persons who physically or materially affect the religious properties or places of worship.

Criticisms of Indian Secularism:

Anti-religious: It is often argued that secularism is anti-religious. We hope to have shown that secularism is against institutionalised religious domination. This is not the same as being anti-religious.

Threats to Secularism:

Electoral Politics:

The Supreme Court had observed in the Bommai case that if religion is not separated from politics, the religion of the ruling party tends to become the state religion. It is very often seen that in the time of elections most of the political parties completely forget this noble ideal of secularism and woo the voters even on communal or cast lines. Communal politics operates through communalization of social space, by spreading myths and stereotypes against minorities, through attack on rational values and by practicing a divisive ideological propaganda and politics.

In Shah Bano case while Supreme Court allowed secularism to triumph; the govt. succumbed to vote bank politics and enacted a law, which set aside this decision.

Non-Implementation of the Uniform Civil Code:

The vulnerable point in India is the deep religious sentiment prevailing among its different religious communities. Till now no progress has been made in the evolution of a uniform Civil Code and today its adoption appears to be more problematic than it was at the time when the Constitution was framed. Minority community compelled the Government to enact legislation closer to its Personal Law and, therefore, religiously more acceptable. Such limitations indicate that the path leading to a truly secular society in India is strewn with numerous hurdles.

Failure to Eradicate Poverty:

The failure of the government to evolve a just economic order and eliminate poverty also gave a serious setback to secularism.

One of the manifestations of communalism is communal riots. In recent past also, communalism has proved to be a great threat to the secular fabric of Indian polity. ▪ Rise of Hindu Nationalism in recent years have resulted into mob lynching on mere suspicion of slaughtering cows and consuming beef. ▪ In addition with this, forced closure of slaughterhouses, campaigns against ‘love jihad’, reconversion or ghar- wapsi (Muslims being forced to convert to Hinduism), etc. reinforces communal tendencies in society. ▪ Islamic fundamentalism or revivalism pushes for establishing Islamic State based on sharia law which directly comes into conflict with conceptions of the secular and democratic state. ▪ In recent years there have been stray incidences of Muslim youth being inspired and radicalized by groups like ISIS which is very unfortunate for both India and world.

Mohammed Ahmed Khan v. Shah Bano Begum Case, 1985 SCR (3) 844

The question of secularism in India was brought into public debate during the litigation in this case. Shah Bano was given the irrevocable Muslim form of divorce, as a result of which she filed a petition against her husband under section 125 of the criminal procedure code asking for maintenance at the rate of Rs. 500 per month. Her husband contended that he was under no obligation to pay her the same, as Shah Bano had ceased to be his wife (as per the Islamic definition) by virtue of the divorce and as, according to Muslim personal law, a divorced woman is entitled to payment only during the period of iddat. The Indian Judiciary, under Justice Chandrachud, in interpreting Muslim personal law said that the criminal procedure code overrides all personal laws and indicated that his judgement sought to make Muslim personal law progressive. It was suggested that a Uniform Civil Code be instituted. The Congress government under Rajiv Gandhi was keenly aware of these resentments and felt the pinch to their popularity. In order to mitigate the situation and thereby caving into communal pressures, the Muslim Women’s (Protection of Rights on Divorce) Act was enacted, which explicitly went against the Shah Bano judgement and provided for the maintenance to be given to a Muslim woman only during the period of iddat. This too faced violent reactions from society as people expressed concern about the rights of the Muslim woman being restricted, encouragement of divide and rule and the relative marginalization of the interests of the Hindu man who was still obliged to maintain his wife for indefinite periods. The debate was sought to be resolved in Danial Latifi v. Union of India, (2001) 7 SCC 740 3. case where the Supreme Court analysed the constitutionality of the Act. In an attempt to balance competing interests, it was held that the legislation was valid but the effect of the legislation was tempered as the court stated that Muslim law did not preclude a divorced women’s right to maintenance beyond the iddat period and that providing any protection short of S. 125 protections would be unconstitutional.

Conclusion:

Secularism and Democracy are two remarkable achievements of independent India. These two achievements have stood the test of time and set the goal of the nation on religious and political fronts. India is a multi-religious society and the survival of such a society is possible only it all religions are given equal treatment without any favour or discrimination. The partition of the country was apparently based on religion and this was an eyeopener for the makers of the constitution when they were engaged in the task of giving a concrete shape to the constitution of our country. The best way to nurture secularism is to expand religious freedom rather than practicing state neutrality. There is a need to identify a shared set of values that allows diverse groups to live together. Education is the best way to educate the younger generation about the value of their own religious traditions and also other religions in the country.