Secularism and Minority Rights in India

 “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
[SOVEREIGN, SOCIALIST SECULAR DEMOCRATIC REPUBLIC]…”
 These words mark the beginning of the world’s lengthiest Constitution, officially
known as the Constitution of India. The Constitution was enacted on the 26th of January
1950. At that particular time, the word “secular” was not present in the Preamble. It was
only in 1976, that the word “secular” was added along with several other additions
through the 42nd Constitutional Amendment Act.
 The term “Secular” means being "separate" from religion, or having no religious basis.
 A secular person is one who does not owe his moral values to any religion. His values
are the product of his rational and scientific thinking.
 Secularism means separation of religion from political, economic, social and cultural
aspects of life, religion being treated as a purely personal matter.
 It emphasized dissociation of the state from religion and full freedom to all religions
and tolerance of all religions.
 It also stands for equal opportunities for followers of all religions, and no discrimination
and partiality on grounds of religion.
 Positively, India advocates secularism by granting equal religious freedom to all
religions. It stands for all citizens’ right to freedom. Explaining the meaning of
secularism as adopted by India, Alexandrowics writes, “India as a secular state
guarantees constitutionally, freedom of religion to all persons and does not assign a
special position to any particular religion.”
Secularism in the History of India
 Secular traditions are very deep rooted in the history of India. Indian culture is based
on the blending of various spiritual traditions and social movements.
 In ancient India, the Santam Dharma (Hinduism) was basically allowed to develop as a
holistic religion by welcoming different spiritual traditions and trying to integrate them
into a common mainstream.
 The development of four Vedas and the various interpretations of the Upanishads and
the Puranas clearly highlight the religious plurality of Hinduism.
 Emperor Ashoka was the first great emperor to announce, as early as third century
B.C. that, the state would not prosecute any religious sect.

 In his 12th Rock Edict, Ashoka made an appeal not only for the toleration of all religion
sects but also to develop a spirit of great respect toward them.
 Even after the advent of Jainism, Buddhism and later Islam and Christianity on the
Indian soil, the quest for religious toleration and coexistence of different faiths
continued.
 In medieval India, the Sufi and Bhakti movements bond the people of various
communities together with love and peace.
 The leading lights of these movements were Khwaja Moinuddin Chisti, Baba Farid,
Sant Kabir Das, Guru Nanak Dev, Saint Tukaram and Mira Bai etc.
  In medieval India, religious toleration and freedom of worship marked the State
under Akbar. He had a number of Hindus as his ministers, forbade forcible
conversions and abolished Jizya.

 The most prominent evidence of his tolerance policy was his promulgation of ‘Din-i-
Ilahi’ or the Divine Faith, which had elements of both Hindu and Muslim faith.
 That this was not imposed upon the subjects is obvious from the fact that there were
few adherents to it. Along with this he emphasized the concept of ‘sulh-i-kul’ or peace
and harmony among religions.
 He even sponsored a series of religious debates which were held in the ‘Ibadat
Khana’ of the Hall of Worship, and the participants in these debates included
theologians from amongst Brahmins, Jains and Zoroastrians.
 Even before Akbar, Babar had advised Humayun to “shed religious prejudice, protect
temples, preserve cows, and administer justice properly in this tradition.”
 The spirit of secularism was strengthened and enriched through the Indian freedom
movement too, though the British have pursued the policy of divide and rule.

 In accordance with this policy, the British partitioned Bengal in 1905.

 Separate electorates were provided for Muslims through the Indian Councils Act of
1909, a provision which was extended to Sikhs, Indian Christians, Europeans and
Anglo-Indians in certain provinces by the Government of India Act, 1919.
 Ramsay MacDonald Communal Award of 1932, provided for separate electorates as
well as reservation of seats for minorities, even for the depressed classes became the
basis for representation under the Government of India Act, 1935.
 However, Indian freedom movement was characterized by secular tradition and ethos
right from the start.

 In the initial part of the Indian freedom movement, the liberals like Sir Feroz Shah
Mehta, Govind Ranade, Gopal Krishna Gokhale by and large pursued a secular
approach to politics.
 The constitution drafted by Pandit Moti Lal Nehru as the chairman of the historic Nehru
Committee in 1928, had many provision on secularism as: ‘There shall be no state
religion for the commonwealth of India or for any province in the commonwealth, nor
shall the state, either directly or indirectly, endow any religion any preference or impose
any disability on account of religious beliefs or religious status’.
 Gandhiji’s secularism was based on a commitment to the brotherhood of religious
communities based on their respect for and pursuit of truth, whereas, J. L. Nehru’s
secularism was based on a commitment to scientific humanism tinged with a
progressive view of historical change.
 At present scenario, in the context of Indian, the separation of religion from the state
constitutes the core of the philosophy of secularism.
Philosophy of Indian Secularism
 The term ‘secularism’ is akin to the Vedic concept of ‘Dharma nirapekshata’ i.e. the
indifference of state to religion.
  This model of secularism is adopted by western societies where the government is
totally separate from religion (i.e. separation of church and state).
 Indian philosophy of secularism is related to “Sarva Dharma Sambhava” (literally it
means that destination of the paths followed by all religions is the same, though the
paths themselves may be different) which means equal respect to all religions.
 This concept, embraced and promoted by personalities like Vivekananda and Mahatma
Gandhi is called ‘Positive secularism’ that reflects the dominant ethos of Indian culture.
 India does not have an official state religion. However, different personal laws - on
matters such as marriage, divorce, inheritance, alimony varies with an individual's
religion.
 Indian secularism is not an end in itself but a means to address religious plurality and
sought to achieve peaceful coexistence of different religions.
Constitutional aspect
We can see the traces of secularism in several Articles of the Indian Constitution. Let us
elaborate upon each of them.
Article 14
Article 14 ensures that every person is equal before the law. All persons are equal in the eyes
of law. There are two main rights:
Equal legal protection to all persons.
Equal subjugation of all people to the laws of the land.
Article 15
According to Article 15, a person who is a citizen of India cannot be discriminated against
based on religion, race, caste, sex, or place of birth. It ensures that a person cannot be denied
access to shops, public restaurants, hotels, wells, roads, etc.
Article 16
All the citizens of India have equality of opportunities in employment. Article 16 ensures that
no person is ineligible for employment based on religion, race, caste, sex, or place of birth.
Article 19
Article 19 guarantees six important fundamental rights to the citizens of India along with some
reasonable restrictions. These are basic rights and liberties which are recognized as the natural
rights inherent in the status of a citizen and are preconditions for a democratic state based on
the rule of law. These liberties include freedom of speech and expression, peaceful assembly,
forming associations, moving freely in the country, residing in any part of the country, and
lastly to carry on the profession of one’s choice. Since, complete freedom is bound to get an
anarchic rule in the country, also known as jungle rule, therefore, these freedoms are restricted.
Article 25
Article 25 ensures that all persons get the freedom of conscience and the right to profess,
practice, and propagate any religion of their choice. Religious conversion cannot be done
forcefully as it is a punishable offence. Due to the secular features of India, no single state gets
the title of state religion in India. All religions are treated equally in the eyes of law. People are
vested with religious freedom and can adopt or refrain from adopting any religion.
Article 26
Article 26 guarantees the rights of religious denominations or their sections. It protects
collective freedom of religion. It is also subject to public order, morality, and health but not
subject to other provisions relating to fundamental rights. The Supreme Court of India has held
multiple times that the religious denomination must assure three constraints which are as
follows:
 A group of individuals should believe in an ideology that they consider to be conducive
to their spiritual well-being.
 It should have a common organization.
 There should be a unique name designated to it.
Article 27
The Constitution states in Article 27 that no one shall be compelled to pay any taxes, of which
the proceeds are specifically designated for the promotion or maintenance of any particular
religious denomination.
Article 28
Article 28 forbids the teaching of religion in any educational institution that is entirely
supported by out-of-state finances or receives it from the state. This condition, however, does
not apply to any educational institution managed by the state but formed under any endowment
or trust that requires religious instruction to be delivered in such an institution. No one
attending an educational institution may be coerced to engage in any religious service that may
be held on the premises.
Article 44
Article 44 deals with Uniform Civil Code. It aims at administering people with the same set of
secular civil laws irrespective of their religion, caste, and tribe. This code is based on the
constitutional obligation to ensure justice and equality for all citizens. A uniform criminal code
applies to all citizens, regardless of religion, caste, gender, or place of residence in our country.
However, a corresponding code covering marriage, divorce, succession, and other family
concerns has not been implemented in India yet.
Indian vs. Western Model of Secularism
Over the years, India has developed its own unique concept of secularism that is fundamentally
different from the parallel western concept of secularism in the following ways:
 As per the western model of secularism, the “State” and the “religion” have their own
separate spheres and neither the state nor the religion shall intervene in each other’s
affairs.
 Thus, the western concept of secularism requires complete separation of religion and
state.
 However, in India, neither in law nor in practice any 'wall of separation' between
religion and the State exists.
  In India, both state and religion can, and often do, interact and intervene in each other's
affairs within the legally prescribed and judicially settled parameters.
 In other words, Indian secularism does not require a total banishment of religion from
the State affairs.
 As per the western model, the state cannot give any financial support to educational
institutions run by religious communities.
 On the other hand, Indian model has chosen a positive mode of engagement.
 In India, the state provides all religious minorities the right to establish and maintain
their own educational institutions which may receive assistance from state.
 In the western model, State does not intervene in the affairs of religion till the time
religion is working within the limits of the law.
 On the other hand, in Indian secularism, state shall interfere in religion so as to remove
evils in it.
 India has intervened by enforcing legislation against the practices of sati or widow-
burning, dowry, animal and bird sacrifice, child marriage, and preventing Dalits from
entering temples.
 In western concept of secularism, religion is relegated entirely to the private sphere and
has no place in public life whatsoever.
 The western model prohibits any public policy to be drafted on the basis of religion
therefore; state is absolutely distanced from the religious activities and practices of its
citizens.
 In India, state has the policy of setting up Departments of Religious Endowments, Waqf
Boards, etc. It is also involved in appointing Trustees of these boards.
Relevant Cases
Kesavananda Bharati v. State of Kerala
In 1973, in the Kesavananda Bharati v. State of Kerala judgment, the Supreme Court of India
held that secularism is a part of the basic structure of the Constitution. Further, it was held that
elements that constitute the basic structure cannot be amended by the Parliament.
S.R Bommai v. Union of India
The principle laid down in the Kesavananda Bharati case was reiterated in 1994 in the case
of S.R Bommai v. Union of India. The Supreme Court cleared the doubt over the word
‘secularism’ in the Constitution. The Court held that a secular nature of a society does not make
it an atheist society. Secularism makes society more heterogeneous. The law of a secular nation
provides equal status to all religions and does not favour or discriminate against anyone.
Ahmedabad St. Xavier’s College v. State of Gujarat
In the landmark case of Ahmedabad St. Xavier’s College v. State of Gujarat, the Supreme
Court held that secularism neither means anti-God nor pro-God. It ensures that nobody shall
be discriminated against based on religion. Secularism, therefore, eliminates the concept of
God in matters of the state.
Stainislaus Rev v. State of MP
The High Court of Madhya Pradesh, in Stainislaus Rev v. State of MP, explained that freedom
of ‘profession’ means one’s right to state in public the creed he belongs to. Moreover, the Court
said that freedom of ‘practice’ means one’s right to worship in private or public. It was further
explained that the right to propagate one’s religion gives one the right to convey his/her
religious beliefs to another individual but not to convert a person to one’s religion.
Indian Young Lawyers Association v. State of Kerala
In the case of Indian Young Lawyers Association v. State of Kerala, it was held that preventing
the women in their “menstruating age” from entering the Sabarimala temple as per the religious
custom, violates women’s constitutionally protected fundamental rights to equality. The dissent
of Justice Indu Malhotra has raised doubts regarding the extent to which established religious
practices can be challenged based on equality.
Threats to Secularism
 While, the Indian Constitution declares the state being absolutely neutral to all religion,
our society has steeped in religion.
 Mingling of Religion and Politics that is mobilisation of votes on grounds of primordial
identities like religion, caste and ethnicity, have put Indian secularism in danger.
 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.
 Politicisation of any one religious group leads to the competitive politicisation of other
groups, thereby resulting in inter-religious conflict.
 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.
 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.
Minority Rights in India
There has been moral and political theory in the 17th century that man has certain basic rights
which the state needs to take care of to have an effective democratic life. Part 3 of the Indian
Constitution provides for the basic fundamental rights. Article 15, 16, 19, and 29 are some
fundamental rights guaranteed to the citizens.
 Article 15 prohibits discrimination on grounds of religion race cast sex or place of birth.
 Article 17 Prohibits untouchability.
 Articles 25 to 30 preserve the right of minorities on grounds of religion.
 Article 25 provides the right to practice any religion.
 Article 26 allows religious institutions to be opened.
 Article 27 provides that no person shall be forced to pay any taxes which is not
mandatory.
 Article 28 provides that there shall be no religious instruction to be followed in any
particular educational institutions.
  Article 29 provides that no citizen shall be denied admission in any educational
institution on grounds of religion race caste.
 Article 30 provides that minority shall not be prohibited from any educational
institutions.
 Article 350-B: Originally, the constitution of India did not make any provision with
respect to the Special Officer for Linguistic minorities in India. However, the 7th
Constitutional Amendment Act, 1956 inserted Article 350-B in the constitution.

The Latin Word "minor" is the root of the word minority, which is combined with it suffix to
signify "little" in number." As reported by the United Nations. Minorities are any group or
community that is under represented in society on account of its social, political or economic
standing. The term "minority" is not specified anywhere in the Indian constitution.
Minority Commission
The "Minorities Commission" aimed to safeguard and protect the interests of the minorities,
was set up by the government of India in January. 1978 This commission become a statuary
body and was renamed as the "National Commission for Minorities" with the enactment of
National Commission for Minorities act, 1992 Under section 2(C) of this act, government of
India issued a wide notification and declare 5 communities as minor communities namely
Muslims, Christians, Sikhs, Buddhists, and Parsis.
The Sachar Committee
In 2005 Prime Minister formed a high-level Committee to assess the social, economic, and
educational status of Muslims in India. The committee also known as Sachar Committee. The
committee published its report in 2006 highlighted the poor socio-economic condition of
Muslims in comparison to general population.

Being alarmed by this Committee Government stepped up its commitment towards minority
to address the problem of inequality, deprivation and exclusion among the Muslims in the
11th five-year plan. This was undertaken through giving attention towards educational and
economic empowerment, strengthening of minority institutions, promoting madrasas.

The Sachar Committee report provides details of the Socio-economic and cultural status of
Muslims in India.
It includes the following:
 25% Muslim Children in the 6-14 age group have either ever attended school or
dropped out.
 Only out of 25 undergraduate and 50 postgraduates are Muslims in premier College.
 Workforce participation among Muslim Women is very Low that is Only 25% which is
in compared to Hindu women is very low whose workforce participation is approx.
80%.
 Only about 27% of the Muslims workers in urban area are engaged in regular work as
compared to 40% SC/ST, 36% OBC, and 49% Hindu upper caste workers.
  The share of Muslim Male Workers engaged in street wending is 12% as compared to
National average of street wending engaged worker is less than 8%.
 The share of Muslim among defence personnel is only 4% which is very low.

The Sachar committee report made several recommendations to the government to improve
the poor socio-economic status of Muslims. Based on the recommendation's government
started many educationally, socially, economically benefited schemes for minority.

Rang Nath Mishra commission On Minorities:

In October 2004 Government of India appointed The Justice rang Nath Mishra Commission
for Religious and Linguistic Minorities. The commission has presented its report and made
many recommendations to the centre for providing reservation to Muslims, Scheduled Caste,
and Other backward classes. In Government Jobs. The commission submitted its final report
to the government in May 2007.

Its main recommendations are:

 The Commission for Minority Educational Institutions set up under the National make
it broad based in its composition, powers, functions, and responsibilities. Further it
recommended that it should work as the watchdog for enforcement of all aspects of
minorities’ educational rights.
 Establishment of a national level Coordination Committee Consisting of representative
of all the nationalised banks and other financial institutions to work under the RBI for
monitoring credit which is flow to minorities.
 Ten percent of central government jobs should be reserved for Muslims and 5 for other
minorities.
 Fifteen Percent of posts in all cadres and grades should be reserved under central
government for minorities.
 Ten percent reservations for Muslims and 5 percent for other Minorities should be
reserved in all government schemes like the MNREGA etc.