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The word secular is derived from the Latin word ‘secular’, which means the ‘prevent age or generation’. The word secular came to be associated with the social process of secularization. Secularization came into use in Europe, to describe the transfer of territories previously under the control of the church to the dominion of secular authority or the state.
Social thinkers have used the word secularization to indicate a process whereby the religious institutions and religious conceptions and understanding have lost control in worldly matters-economy, polity, justice, health, family and so on.
Secularism was an ideological goal of the new political philosophy and movement after the French Revolution. Still later in 1851 George Jacob Holyoake coined the term secularism. He declared it as the only rational basis of political and social organisation. Holyoake questioning the religious basis of civil society, recommended secularism as state ideology which promotes human welfare by material means and makes the service of others its duty.
Secularism as a programme ideology was a necessary qualification for a liberal, democratic state of the post French Revolution. These connotations are applied even to a modern democratic state now. A modern state by its definition and liberal and democratic policy makes no distinction between groups, classes etc. wthin society, irrespective of religious affiliation. The political philosophy on the part of the state required that the state shall not impose any religion on people and did not prohibit practice of religion by a section of the people.
India, as we all know is a home of many religions and is a multi-religious society. The secular ideas are enshrined in our constitution as well. In India, however, secularisation and secular has been used in the context of nature of the state. It has been conceived in this way keeping in view multi-religiousity of the society and the religious conflicts thereof.
In India, the term secularism implies that the state will not identify with any one religion but is tolerant of all religious practices. As Nehru declared in 1950 “the Government of a country like India with many religions that have secured great and devoted following for generations, can never function satisfactorily in the modern age except on a secular basis”
The secular ideal was adopted during the freedom struggle to unite the various communities against the colonial power. The maturing of secular concept is closely linked up with the development of nationalism during the long course of the freedom struggle. Later, the secular concept was incorporated in the constitution. And, for Nehru, the imperative of secularism was not only for detachment of religion in public life but progressive and modern outlook. It also meant that all the citizens enjoyed equal rights and statuses.
While fundamentalism and communalism are widely held to be problematic and disintegrative, the ideology of secularism is held to be a palliative solution to the above. The word secularism has a variety of connotations in India. These dimensions are.
The secular ideal enshrined in our constitution has a peculiar mix of ethnic identities and common citizenship. It tries to ensure pluralities within a democratic nation-state.
The British introduced the concept of equality before law, irrespective of caste and creed. Alongwith this break in tradition, modern education became in important factor of change.An important element in the political awakening in India was the growing liberalism which came with modern education. The Indian middle-class was the major beneficiary of British education and one of the first to initiate a nationalist struggle against the British.
By 1920 the leadership of the Congress passed into the hands of Mahatma Gandhi. Gandhi believed in pluralism and equal respect for all religions.However due to divide and rule policy of British, setting up of Muslim League and Hindu Mahasabha and the militant socio-religious organisation called the Rashtriya Swayamsevak Sangh (RSS) and other other developments led to religious divide.
India was partitioned in 1947 into India and Pakistan amidst communal riots.
Secularism is both a model of society and an ideology and, especially in the Indian context, has come to mean all things to all people. Broadly we can describe the following conceptions or models of secularism in India.
India is formally a secular democratic state. The Indian Constitution spelt out in several articles the main provisions regarding the secular state even before the term secularism was introduced into in 1976 . It is true that the word 'secular' did not first occur either in Article 25 or 26 or in any other Article or Preamble of the Constitution.3y the Constitution (42nd Amendment) Act, 1976, the Preamble was amended and for the words 'Sovereign Democratic Republic' the words 'Sovereign, socialist, secular, Democratic Republic' were substituted.
The various elements include
First, it guarantees freedom of religion to individuals as well as to religions.The Constitution guarantees freedom ofconscience, freedom to profess, practice and propagate religion and also freedom to establish religious institutions and manage or administer their affairs..
Second, it guarantees equality of citizenship, that is, no discrimination on grounds of religion (Art 15.1) equality of opportunity in public employment (Art 16.1,2), no discrimination in educational institutions (Art 29.2), and no communal electorates (Art 325), although there is special provision for reservation of seals for scheduled castes and scheduled tribes.
Third, it provides for separation of state and religion, that is, no special taxes for promotion of religions ( Art 27). No religious instruction shall be provided in any educational institution wholly run by state funds.Even though religious instruction be imparted in educational institutions recognised by state or receiving aid from the state, no person at lending such institution shall be compelled to receive that religious instruction without the consent of himself or of his guardian. In short, while religious instruction is totally banned in state-owned educational institutions, in other denominational institutions it is not totally prohibited but it must not be imposed upon people of other religions without their consent (Article 28).
The Constitution also guarantees religious minorities the right to establish and administer educational institutions of their choice and to conserve their script, language and culture.
It is clear that the intention of the Constitution is neither to oppose religion nor to promote a rationalization of culture, but merely to maintain the neutrality and impartiality of the state in matters of religion.
This model of secularism is premised on at least a certain degree of secularization of civil society, in the sense of dissociation between religion and society and the relegation of religion if not entirely into the private sphere at least into some very limited domains of public life.
Secularism in this sense is also seen as a protector of minority rights. It is instructive that minorities in India despite being intensely religious and sometimes even fundamentalist are among the most ardent
liberal-plural theory of secularism operated in the pre and post-Independent politics of India. In the closing decades of the 19th century the “liberal-plural” theory was advanced by the moderate nationalists. This approach believed that religion should not be mixed with politics. Its proper sphere was that of private belief. This would preserve both religious sentiments and those towards the nation would remain intact. This theory demanded sophisticated understanding but the wider society could not grasp it. This was replaced due to its obvious shortcomings by the “orthodox plural” theory of secular nationalism. This was forwarded by Gandhi. He picked up religion as basic to political action and national identity.
The ‘nation-to-be’, argued Gandhi, should draw from Hindu, Muslim, and all other communities based on mutual coexistence with brotherhood between different communities. The idea was to draw popular symbols into the political mainstream creating a national identity. This ideology which was successful in political mobilization has certain problems so far as the post-independent 1947 era was concerned.
Is India secular ?
The process of secularization stared with the advent of British rule but is got accelerated with industrialization and urbanization. It has affected the various aspects of life. The areas most affected by secularization are caste system family and rural community:
In the urban areas th impact of secularization is quite obvious, but the rural India also is not immune to this influence.
The challenges of casteism, communalism and religious fundamentalism, involving separatism and violence in India, are the major threats to our secular polity.
On a highly politicized issue like secularism it is difficult for the judiciary to play a conclusive role. However, it is important to examine a few cases and judgments made by the Supreme Court which highlight the issue of secularism versus communalism.
The constitution of India vests the Election Commission of India with the authority to hold free and lair elections and to take preventive steps to control malpractices. Section 123(3) of the Representation of the People Art, 1951, declares appeals on the grounds of religion, race, caste, community, language or the use of religions or national symbols by the candidates or their election agents or by any other persons with the consent of the candidates or their election agents as corrupt practice. In the R.K. Bukhari vs. R. Mehra Case (AIR-1975, SC 1788), the returned candidate and the other contesting candidates were both Muslims. It was argued that one of the candidates had criticized Mr. Chagla of the Congress party for not living a true Muslim as he had supported a change in the Muslim Personal law and that such criticism on religious grounds amounted to a corrupt practice under section 123(3). The Supreme Court upheld the view that propagandatill grounds of religion, profession and practice is not merely an undignified personal attack on candidates but also an attempt to get votes by arousing the religious sentiments of electors. It further upheld the view that the unity and integrity of the nation and public peace and order cannot be allowed to be disturbed in the name of religion, for that would violate the secular democratic character of Constitution.
In the Harcharanpo Singh vs Sajjrrn Singh Case (AIR 1985 SC 236), it was alleged that the returned candidate, his election agent and other persons with his consent had appealed to the electors in the name of Sikh religion. The tried court dismissed the petition and justice Mukherji speaking further court held that mere distribution of tickets and sponsorship by a religious body like the would not itself constitute an appeal on the grounds of religion. In a similar vein in Kin tar Singh vs Muktiar Singh (AIR 1965 SC 141), the Chief Justice Gajendra Gadkar speaking for the unit observed: "so long as, law does not prohibit the information of such parties and in fact recognizes them for the purpose of election and parliamentary life, it would be necessary to remember that an appeal made by such candidates of such parties (or votes may, if successful, lead to their election and in an indirect way may conceivably be influenced by consideration of religion, race, caste, community or language. This infirmity cannot, perhaps, be avoided so long as parties are allowed to function and are recognised, through their composition trap be predominantly based on membership of particular communities or religion.
Thus, the courts have failed to strike a balance between the requirements of secularism in the country and the right of a candidate of political party having religious affiliation to exploit his affiliation for winning the election. This separation is essential for the unity and integrity of the nation since election propaganda whether based on linguistic or communal rivalry can be quite poisonous and disturbs the whole democratic polity. However, courts come into the picture only when a particular Act is alleged to have been committed. There is an inherent limitation which prevents the courts from going beyond the judicial circumference and therefore the courts cannot be the appropriate forum for preventing the use of such practices.
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