Context:
Recently, the French government announced that the practice of wearing abaya (burqa) would be banned in state-run schools as it violated the principle of Laïcité.
More on News:
- According to the French Government, secularism means the freedom to emancipate oneself through school and one shouldn’t be able to identify the person’s religion just by looking at them.
- Abaya is seen as a religious gesture, aimed at testing the resistance of the republic towards the secular sanctuary that are schools.
About Laïcité:
- Coined in the 19th century, Laïcité is understood as a formal separation of the State and Church.
- The first article of the French constitution explicitly states that the republic shall be “indivisible, laïcité, democratic and social.”
- It involves the complete removal of religious values from the public sphere and their replacement with secular values such as liberty, equality, and fraternity.
- The underlying goal of Laïcité is to implant tolerance and assimilate people. As per the principle, religion is to be confined to the private sphere.
- The state plays an important role in ensuring that affairs are run according to the principle of Laïcité.
- In the history of laïcité, three dates stand apart from all others:
- 1789: Laïcité, a product of the struggle of anti-clerical Republicans against the power of the Catholic Church, was an abstract idea following the French Revolution in 1789.
- 1905: It took a concrete shape in the form of The Law of 1905 in the Third Republic when state-run secular schools were established.
- 1989: Three Muslim girls at a middle school in north of Paris, refused to take off their headscarves and the principal suspended the girls. For the first time, Islam entered the national conversation in a significant way.
Similarities and Differences Between Indian and French Secularism
Similarities:
- Freedom of Religion: Both Indian and French secularism uphold the principle of freedom of religion.
- For example, Article 25 of the Indian Constitution and France (under certain restrictions) guarantee citizens the right to practice their religion without discrimination or persecution.
- Equality before the Law: Discrimination on the basis of religion is neither allowed in India (under Article 14) nor in France.
- State Neutrality: State should not favor any particular religion. For instance, the 42nd Constitutional Amendment Act added the word “Secular” in Preamble to the Constitution of India.
- Protection of Religious Minorities: India (under Article 29) and France have a commitment to protecting the rights of religious minorities.
- For example, there are safeguards to prevent the majority religion from oppressing minority religions.
- Secular Education: In both India and France, there is a focus on secular education. Religious education is generally kept separate from public education.
- Freedom of Expression: Freedom of expression, including the right to criticize or question religious beliefs, is protected in both Indian (Article 19(1)(a)) and French secularism.
- Legal Framework: Both countries have laws and legal mechanisms to enforce secularism.
- In France, for example, there are laws like the 1905 Law on the Separation of Churches and State, while in India, the principle of secularism is enshrined in the Constitution.
Despite these similarities, it’s important to note that there are also significant differences between Indian and French secularism. For instance:
| Basis |
Indian Secularism |
French Secularism |
| Principle |
Sarva Dharma Samabhava means equal respect for all religions. This allows for a more accommodating approach to religion in public life. |
France follows a strict form of secularism known as Laïcité which emphasizes the complete separation of religion from public life. |
| Religious Symbols |
India generally allows religious symbols in public spaces. For example, Sikhs who wear turban are exempt from the helmet requirement while riding a two-wheeler. |
France has faced controversy over its policies regarding religious symbols, such as the ban on the wearing of conspicuous religious symbols in public schools and face-covering veils in public spaces. |
| State Funding of Religious Institutions |
India allows state funding for religious institutions. |
France strictly prohibits it as part of its laïcité principle. |
| Religious Personal Laws |
There are separate personal laws for different religious communities, governing matters like marriage, divorce, and inheritance. For example, the Hindu Succession Act (1956). |
France has a unified civil code that applies to all citizens regardless of their religion.
|
| State Neutrality |
The state often engages with and supports various religious communities and their institutions. |
Public institutions are expected to remain entirely secular and avoid any endorsement or involvement in religious affairs. |
Famous Extremist Incidents in France:
- The shooting of journalists at Charlie Hebdo.
- The killing of three people at a church in the city of Nice.
- The beheading of a high-school teacher, Samuel Paty outside Paris.
- A network of jihadists went on trial for the 2015 attacks in Paris that killed 130 people, including 90 inside the Bataclan concert hall.
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Challenges Associated with Laïcité:
- Right to Freedom of Religion: Muslim women choose to wear the headscarf and abaya as a matter of personal religious faith and identity. They argue that the ban on headscarves and abayas is an infringement on their right to practice their faith and cultural identity.
- The Weaponization of Laïcité: Opponents argue that laïcité is utilised to exploit the fear of the people and vilify the French Muslim minority. Policies are created to further stereotype all Muslims as terrorists which further isolates an already marginalized minority and push them towards extremism.
- Change in Demographics: In the 1950s and 1960s, there was large-scale decolonisation in North Africa, which led to an influx of immigrants from predominantly Muslim. The change in demographics caused tensions with the principle of Laïcité.
- Stasi Commission Recommendation: Prohibiting the wearing of “ostentatious” symbols that have a clear religious meaning, such as a Catholic dress, a Jewish kippah, or a Muslim headscarf, in public spaces in line with Laïcité.
- Increase in Radicalisation and Religious Fundamentalism: Laïcité is seen by various religious groups as against their religion, and this internal feeling is further exploited by religious and political leaders, who use this apparent threat towards their religion to incite masses against such principles.
Learnings for France from Indian Secularism
Indian secularism tends to emphasize pluralism and accommodation, while French laïcité leans towards strict secularism and state neutrality in religious matters. France and other countries can learn valuable lessons from India’s approach towards Secularism like:
- Tolerance and Inclusivity: France could learn from India’s emphasis on tolerance and inclusivity towards diverse religious communities. Promoting an atmosphere of mutual respect and understanding among various religious groups can help maintain social harmony and cohesion.
- Recognition of Religious Diversity: France can benefit from recognizing and appreciating the contributions of different religions to its cultural fabric.
- Dialogue and Engagement: France could consider adopting a more inclusive approach that involves religious leaders in discussions on religious freedom and secularism.
- Protection of Minority Rights: France could review and strengthen its legal framework to ensure that minority rights are adequately safeguarded.
- State Support for Cultural Festivals: In India, the government often provides support for cultural and religious festivals celebrated by various communities. France could explore ways to support cultural and religious events that promote unity in diversity.
- Balancing Secularism with Religious Freedom: France could examine ways to strike a balance between its strict form of secularism and the freedom of religious expression and practice.
- Finding common ground that respects individual religious rights while maintaining state neutrality can be a complex but worthwhile endeavor.
Conclusion
It’s important to note that each country’s secularism is shaped by its unique historical, cultural, and social context, and there is no one-size-fits-all approach. France can adapt and incorporate elements from India’s secularism that align with its own values and objectives while respecting its historical and legal framework.
News Source: The Hindu
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September 5, 2023
