| Core Demand of the Question:
● Discuss India as a secular state
● Discuss similarities between Indian secularism and the secular principles of the US constitution
● Discuss differences between Indian secularism and the secular principles of the US constitution |
Answer
Secularism is fundamental to modern democratic governance, guaranteeing the separation of religion from the state. This principle promotes equal treatment of all religions, safeguards individual rights, and nurtures social harmony. In India, secularism is constitutionally enshrined, ensuring that no religion is favoured by the state, as seen in the 42nd Amendment (1976), which officially added the term ‘secular.’
India as a Secular State
- Constitutional Guarantee: The Indian Constitution emphasises secularism, ensuring religious freedom, equality, and the state’s neutrality toward all religions to cultivate a balanced, inclusive society.
For example: Articles 25-28 of the Indian Constitution ensure the right to freedom of religion and the right to manage religious affairs.
- Pluralistic Society: India’s secular state embodies pluralism by embracing diverse religious communities thus promoting equality, respect for individual beliefs, and strengthened national unity.
- Personal Laws: India respects the religious autonomy of its citizens by allowing separate personal laws based on religious customs, guiding civil matters like marriage, divorce, and inheritance.
For example: The Hindu Marriage Act, 1955, and the Muslim Personal Law (Shariat) Application Act, 1937, regulate family matters according to religious customs.
- Judicial protection: Key legal cases in India highlight the ongoing tension between religious customs and civil rights, showcasing the judiciary’s role in balancing secularism and personal faith.
For example: The Shah Bano case (1985) and the Sabarimala Judgment (2018) reflect conflicts between religious practices and constitutional rights.
- Secular Policies: Indian government programs ensure equitable access to education, health, and welfare services, irrespective of religion, supporting the nation’s secular commitment.
For example: The Midday Meal Scheme (1995) and Sarva Shiksha Abhiyan (2001) deliver benefits to all religious communities without discrimination.
Similarities with the US Secular Principles
- Constitutional Enshrinement and Political Neutrality : Both India and the US emphasise the separation of religion from state through their constitutions, reinforcing the state’s neutral position in religious affairs.
For example: The First Amendment in the US and Articles 25-28 in India prohibit the establishment of a state religion.
- Freedom of Religion: Both countries guarantee the protection of individual religious freedoms through constitutional safeguards, ensuring citizens can freely practise their religion without interference.
For example: In India, Article 25 of the Constitution guarantees individuals the right to freely practice and propagate their religion, paralleling the First Amendment of the U.S. Constitution, which safeguards religious freedom for all citizens.
- Judiciary’s Role: Courts in both India and the US play a critical role in upholding secular values and resolving conflicts between religion and constitutional principles.
For example: The US Supreme Court’s Engel v. Vitale (1962) and India’s Kesavananda Bharati (1973) reaffirm secularism in governance.
- Protection Against Discrimination: Both India and the US have legal frameworks that protect citizens from religious discrimination in public life, ensuring equal rights irrespective of religious beliefs.
For example: The Civil Rights Act in the US and various provisions in the Indian Constitution like Article 14 & 15 protect citizens from discrimination based on religion.
Differences with the US Secular Principles
|
Aspect
|
India |
United States
|
| Explicit Mention of Secularism |
The term ‘Secular’ was explicitly added to the Constitution through the 42nd Amendment (1976). |
Secularism is implied through the First Amendment, but the word ‘secular’ is not explicitly mentioned. |
| Separation of State and Religion |
India practises a more flexible model where the state sometimes sponsors religious festivals. |
The US maintains a strict separation of church and state, preventing state-sponsored religious activities. |
| Religious Symbols in Public |
Religious symbols are commonly seen in public institutions and government offices. |
Restriction on religious symbols in public and government establishments. |
| Religious Education |
Religious teachings can be included in private and minority institutions under specific circumstances. |
The US prohibits religious education in public schools and ensures the secular nature of public education. |
| Political Influence |
Religion has a strong influence on politics and elections, with visible religious undertones in campaigns. |
The US enforces a more rigorous separation, limiting the overt influence of religion on political campaigns. |
As Sarva Dharma Bhava emphasises, “equal respect for all religions” is key to maintaining harmony. India’s model of secularism seeks inclusivity, while the US focuses on strict separation. Together, these approaches highlight the diverse paths to achieving a balanced state-religion relationship.
