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.
About Laïcité:
- Laïcité is understood as a formal separation of the State and Church.
- It involves the complete removal of religious values from the public sphere and their replacement with secular values such as liberty, equality, and fraternity.
Similarities between Indian and French Secularism:
- Freedom of Religion: Both uphold the principle of freedom of religion.
- 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.
- Protection of Religious Minorities: India (under Article 29) and France have a commitment to protecting the rights of religious minorities.
- Secular Education: There is a focus on secular education in both countries.
- Freedom of Expression: Freedom of expression 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.
Differences between Indian and French secularism:
| Basis |
Indian Secularism |
French Secularism |
| Principle |
Sarva Dharma Sambhava |
Laïcité |
| Religious Symbols |
Allowed |
Not allowed |
| State Funding of Religious Institutions |
Allowed |
Prohibited |
| Religious Personal Laws |
Separate personal laws for different religious communities. |
Unified civil code |
| State Neutrality |
Engagement and support to religious communities and their institutions. |
No interference. |
Challenges Associated with Laïcité:
- Right to Freedom of Religion: It is an infringement on their right to practice their faith and cultural identity.
- The Weaponization of Laïcité: It is utilised to exploit the fear of the people and vilify the French Muslim minority.
- Change in Demographics: The change in demographics influx of immigrants caused tensions with the principle of Laïcité.
- Stasi Commission Recommendation: Prohibition in wearing ostentatious symbols having religious meaning in public spaces in line with Laïcité.
- Increase in Radicalisation and Religious Fundamentalism: Religious and political leaders, utilise the sentiments to incite masses against such principles.
Learnings for France from Indian Secularism
- Tolerance and Inclusivity: India’s emphasis on tolerance and inclusivity towards diverse religious communities.
- Recognition of Religious Diversity: Recognizing and appreciating the contributions of different religions to its cultural fabric.
- Dialogue and Engagement: Adopting a more inclusive approach that involves religious leaders in discussions on religious freedom and secularism.
- Protection of Minority Rights: Review and strengthen its legal framework to strengthen minority rights.
- State Support for Cultural Festivals: Support cultural and religious events that promote unity in diversity.
- Balancing Secularism with Religious Freedom: Strike a balance between its strict form of secularism and the freedom of religious expression and practice.
Conclusion
- 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
6 Sep 2023
