Secularism in India

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India since its independence in 1947 has been a secular state. The secular values were enshrined in the constitution of India. India's first prime minister Jawaharlal Nehru is credited with the formation of the secular republic in the modern history of the country.[1][2] With the Forty-second Amendment of the Constitution of India enacted in 1976,[3] the Preamble to the Constitution asserted that India is a secular nation.[4][5] However, the Supreme Court of India in the 1994 case S. R. Bommai v. Union of India established the fact that India was secular since the formation of the republic.[6] The judgement established that there is separation of state and religion. It stated "In matters of State, religion has no place. Any State government which pursues nonsecular on policies or nonsecular course of action acts contrary to the constitutional mandate and renders itself amenable to action under Article 356".[6][7][8] Furthermore, constitutionally, state-owned educational institutions are prohibited from imparting religious instructions, and Article 27 of the constitution prohibits using tax-payers money for the promotion of any religion.[9]

Officially, secularism has always inspired modern India.[4] However, India's secularism does not completely separate religion and state.[4] The Indian Constitution has allowed extensive interference of the state in religious affair.[10] The degree of separation between the state and religion has varied with several court and executive orders in place since the establishment of the Republic.[11] In matters of law in modern India, personal laws – on matters such as marriage, divorce, inheritance, alimony – varies if one is a Muslim or not (Muslims have an option to marry under secular law if they wish).[12][13] The Indian Constitution permits partial financial support for religious schools as well as the financing of religious buildings and infrastructure by the state.[14] The Islamic Central Wakf Council and many Hindu temples of great religious significance are administered and managed (through funding) by the federal and the state governments in accordance with the Places of Worship (Special Provisions) Act, 1991, and the Ancient Monuments and Archaeological Sites and Remains Act, 1958, which mandates state maintenance of religious buildings that were created before August 15, 1947 (the date of Indian independence), while also retaining their religious character.[13][15][16] The attempt to respect religious law has created a number of issues in India, such as acceptability of polygamy, unequal inheritance rights, extra judicial unilateral divorce rights favorable to some males, and conflicting interpretations of religious books.[17][18]

Secularism as practiced in India, with its marked differences with Western practice of secularism, is a controversial topic in India. Supporters of the Indian concept of secularism claim it respects "minorities and pluralism". Critics claim the Indian form of secularism as "pseudo-secularism".[4][19] Supporters state that any attempt to introduce a uniform civil code, that is equal laws for every citizen irrespective of his or her religion, would not impose majoritarian Hindu sensibilities and ideals.[20][13] Critics state that India's acceptance of some religious laws violates the principle of Equality before the law.[21][22]

  1. ^ Haynes, Jeffrey (2021). Handbook on Religion and International Relations. Elgar Handbooks in Political Science. Edward Elgar Publishing Limited. p. 348. ISBN 978-1-83910-024-6.
  2. ^ Kohli, Atul (2014). India's Democracy: An Analysis of Changing State-Society Relations. Princeton Legacy Library. Princeton University Press. p. 148. ISBN 978-1-4008-5951-1. Indian secularism after independence was mostly articulated by leaders like Nehru, who used the formal instruments of the central government to impress an ideology of secular rationalization.
  3. ^ "The Constitution (Forty-Second Amendment) Act, 1976". Government of India. Archived from the original on 28 March 2015. Retrieved 1 December 2010.
  4. ^ a b c d Jaffrelot, Christophe (15 May 2011). "A skewed secularism?". Hindustan Times.
  5. ^ Rajagopalan 2003.
  6. ^ a b S.R. Bommai vs Union Of India on 11 March, 1994 Indian Kanoon
  7. ^ "When the Supreme Court Firmly De-linked Religion from Politics". 20 December 2017.
  8. ^ "Bommai Versus Union of India". www.lawteacher.net.
  9. ^ Smith 2011, pp. 126–132.
  10. ^ Smith 2011, pp. 133–134.
  11. ^ "How courts decide on matters of religion". 5 March 2019.
  12. ^ Smith 2011, pp. 277–291.
  13. ^ a b c Cite error: The named reference ddace was invoked but never defined (see the help page).
  14. ^ Smith 2011, pp. 126–134.
  15. ^ Subramanian Swamy (20 January 2014). "Freeing temples from state control". The Hindu.
  16. ^ Legislations indiaculture.nic.in [dead link‍]
  17. ^ Larson 2001.
  18. ^ Cite error: The named reference zoya was invoked but never defined (see the help page).
  19. ^ Pantham, Thomas (1997). "Indian Secularism and Its Critics: Some Reflections". The Review of Politics. 59 (3). Cambridge University Press: 523–540. doi:10.1017/s0034670500027704. S2CID 146188919.
  20. ^ Cite error: The named reference duncan was invoked but never defined (see the help page).
  21. ^ Cite error: The named reference mansfield was invoked but never defined (see the help page).
  22. ^ Cite error: The named reference dhume was invoked but never defined (see the help page).