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Case Study On Secularism

This case study explores the concept of secularism in India, highlighting its historical evolution, constitutional provisions, and practical implementation. It discusses the strengths and challenges of India's model of 'positive secularism,' including notable legal cases that illustrate the ongoing tensions between religion and state. The conclusion emphasizes the need to maintain a balance in secularism amidst rising religious nationalism and societal changes.

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46 views4 pages

Case Study On Secularism

This case study explores the concept of secularism in India, highlighting its historical evolution, constitutional provisions, and practical implementation. It discusses the strengths and challenges of India's model of 'positive secularism,' including notable legal cases that illustrate the ongoing tensions between religion and state. The conclusion emphasizes the need to maintain a balance in secularism amidst rising religious nationalism and societal changes.

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vishalarora0987123
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### Case Study on Secularism: India #### Introduction

Secularism, the principle of separation between government


institutions and religious institutions, varies significantly in
implementation across different nations. This paper shall seek to
understand the link with the country which is among the nations
that has a diverse population with different religions. Thus, it is
important to take India as an example because its position
concerning secularism is not a black and white question. ####
Historical Context India’s concept of secularism evolved significantly
during its struggle for independence from British colonial rule. The
problem with India is this… Earlier there were leaders like Mahatma
Gandhi and Jawaharlal Nehru who always made people of this nation
aware that it is a secular country. It is a constitutional provision of
India which was adopted in 1950, and according to which the state
will have no authority to favor any particular religion and all the
religions will be treated equally by the state. #### Constitutional
Provisions The Indian Constitution does not explicitly use the word
"secularism" in its original preamble, but it does incorporate the
principle through various articles: - **Article 25-28**: Guarantee
freedom of religion to individuals and groups and ensure the state’s
neutrality in religious matters. - **Article 14**: These constitutional
provisions make sure every person within the territory of India is
accorded equal protection of the laws without distinction. - **Article
15**: Section 375 of the IPC prohibits discrimination of people based
on their religion, race, caste, sex, or place of birth. Originally the
term ‘secular’ was added to the Preamble of the Indian Constitution
and the Indian state reaffirmation of secularism was made in 1976
through the Constitution 42nd amendment law>. #### Practical
Implementation India’s model of secularism, often termed "positive
secularism," involves maintaining an arm's length relationship with
all religions, as opposed to the Western model of "absolute
secularism," where the state and religion are completely separate.

Strengths:
Ensures religious tolerance in place since the society is a melting
pot of different religious beliefs.

It affords protection to minority and provides freedom of worship


and religious beliefs.

State interference with religious affairs to guarantee equality and


change such as the eradication of untouchability and attempts to
uplift the status of women.

Challenges:

Religious polarization, political parties using the religious card to


fuel tensions between the two major religious groups.

Tackling issues such as the Uniform Civil Code where on one hand,
India protects freedom of religion whereas on the other hand has
legal systems that treats everyone equally.

Examples of State prejudice or intervention in religious issues or


organizations.

Case Examples

Shah Bano Case (1985):

The famous case in which the Supreme Court of India sided with a
divorced Muslim woman Shah Bano claiming maintenance from her
ex-husband. It emphasized the battle between personal laws and
state’s duty to uphold the rights of an individual. The government’s
subsequent legislation to quash the judgment, at the behest of
conservative Muslim groups, also led to doubts being cast as to the
secularism of the state.

Ram Janmabhoomi-Babri Masjid Dispute:


A religious conflict which dates back to the year 1538 over the
demolition of the Babri Mosque by the Hindus who associated the
place with Lord Ram’s birthplace. The destruction of the mosque in
1992 resulted in massive riots on the basis of religious grounds.
While the 2019 Supreme Court judgment, which gave a green signal
for the construction of the Ram Temple at Ayodhya but provided an
assurance for the construction of a mosque at a nearby site, was
considered as an effort to assuage the religious feelings.

Sabarimala Temple Case (2018):

Finally, the Supreme Court annulled the ban of women of a certain


age group from entering the Sabarimala Temple in Kerala. This
decision provoked a lot of discussions and protests showing the
conflict between religious practices and women’s rights.

Contemporary Issues

India struggles with the contours of secularism to the growing tide of


religious nationalism. The CAA and the proposed NRC have
provoked criticism for discriminating Muslims and undermining the
principles of secularism in India. Besides, these cases of mob
lynching and violence in the name of cow protection have further
deteriorated the secular structure.

Conclusion

India being a secular state with its concept of ‘accommodation’


where instead of complete compartmentalization the state deals
with all religions has been both a strength and weakness. The
question then becomes how one can sustain this fine balance in a
constantly evolving socio- political context. These debates and legal
cases are indicative of the progress and evolution of secularism in
India as a concept and thus highlight its importance in Indian society
as an ongoing process.

References

Bhargava, Rajeev. The Future of India’s Secularism. Oxford


University Press, 2010.

Sen, Amartya. The Argumentative Indian: An Anthology of Articles


on Indian History, Culture, and Identity. Penguin Books, 2005.

The judgements of Supreme Court of India related to Shah Bano


case and Sabarimala temple entry case.

Government of India. Constitution of India. 1950.

In this case study, one gets a glimpse of secularism in India and the
debates around religion and state that are currently dominating the
international scene.

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