Introduction :- 

The discrimination of one community or its members by another community or its members on account of their religious identity are the instances of religious persecution and they reflect inter- religious domination. Secularism is the first and foremost doctrine that opposes all such forms of inter- religious domination.

Separation, loss and sufferings are endemic to the human condition, while large part of our suffering is man-made and hence eliminable, at least some of our suffering is not man made. Religion, art and philosophy are responses to such sufferings. Secularism too accepts this and therefore it is not anti-religious.

Religion has its own share of some deep-rooted problems. In religions such as Hinduism, some sections have been persistently discriminated. For example- Dalits have been barred from entering Hindu temples. In some part Hindu women cannot enter temples. When religion is organised, it is frequently taken over by its most conservative faction, which does not tolerate any dissent.

Religious fundamentalism in parts of US has become a big problem and endangers peace both within country and outside. Many religions are fragmented into sects, which leads to frequent sectarian violence and persecution of dissenting minorities. This religious domination is known as inter- religious domination. As Secularism is opposed to all forms of institutionalised religious domination, it challenges not merely inter-religious domination but intra-religious dominations. It (Secularism) promotes freedom within religions and promotes equality between, as well as within religions.

Models of secularism :- 

The western model of Secularism :- 

All secular states have one thing in common, they are neither theocratic nor do they establish a religion. Features of Western concept of secularism:-

• State and religion has a separate sphere of its own, with independent jurisdiction i.e. Mutual exclusion of state and religion, principled distance of state from religion and no illegitimate intrusion of religion in the state.
• The state cannot aid any religious institutions.
• State cannot hinder the activities of religious communities as long as they are within the broad limits setup by the law of the land.For example – if religious women forbids a woman from becoming a priest, then the states cannot do anything. Like this, if a particular religion forbids the entry of some of its members in the sanctum of its temple, then the states has no option but to let the matter rest exactly where it is.
• So here the religion is private matter, not a matter of state policy or law. This model interprets freedom and equality in an individualist manner. Liberty is the liberty of individual. Equality is the equality between individuals. There is little scope for community based rights or minority rights.On the other hand drawbacks of this model can be seen as, such states focus on intra-religious domination by strict separation of state from church to realise among other things individual freedoms, issues of inter-religious (and therefore minority rights) equality are often neglected. This model leaves no scope for the idea of the state supported religious reforms.

 Kemal Ataturk’s Secularism :-  

• It is not about the principled distance from organised religion, instead it involved active intervention in and suppression of religion. This version of secularism was propounded and practised by Mustafa Kamal Ataturk., who came to power after First World War in Turkey, after the defeat of Ottoman Empire.
• He was determined to put an end to the institution of Khalifa in public life of Turkey. He set out in an aggressive manner to modernise and secularise Turkey. He changed his own name from Mustafa Kemal Pasha to Kemal Ataturk (Ataturk means Father of Turks). The Fez, a traditional cap worn by Muslims was banned by the Hat law. Western clothing was encouraged for men and women. The western (Gregorian) calendar replaced the traditional Turkish calendar.

Indian model of Secularism :- 

• Nehru’s view was – “Equal protection by the state to all religion“. He wanted a secular state to be one that “protects all religions but does not favour one at the expense of others and does not itself adopt any religion as the state religion.”
•  Indian secularism is fundamentally different from western secularism. It does not focus only on Church- State separation and the idea of inter-religious equality is crucial to the Indian conception.

Comparison :- 

• There was already a culture of inter-religious ‘tolerance’ in India. Tolerance is compatible with religious domination. It may allow some space to everyone but such freedom is usually limited.
• The advent of western modernity, brought to the notice, neglected and marginalised notions of equality in Indian thought. It sharpened these ideas and helped us to focus on equality within the community. It also ushered ideas of inter-community equality to replace the notion of hierarchy. Its operation is done through three factors- Scientific and rational education, Legislation, social reforms, Urbanization and industrialisation.
• So, Indian secularism took on a distinct from as a result of an interaction between what already existed in a society that had religious diversity and the ideas that came from the west. It resulted in equal focus on intra-religious and inter-religious domination.
• Differences in Indian secularism:-  Indian Secularism equally opposed oppression of dalits and women within Hinduism. It also opposes the discrimination against women within Indian Islam or Christianity and the possible threats that a majority community might pose to the rights of the minority religious communities. Indian Secularism deals not only with religious freedom of individuals but also with religious freedom of minority communities i.e. individual has the right to profess religion of his /her choice.
• Likewise, religious minority also have a right to exist and to maintain their own culture and educational institutions. Indian Secularism has made room for and is compatible with the idea of state- supported religious reform. For example- Indian constitution bans untouchability under Article 17. There is also abolition of child marriage and lifting the taboo on inter-caste marriage sanctioned by Hinduism. The Indian state may engage with religion negatively to oppose religious tyranny. It may also choose a positive mode of engagement. Thus, the Indian constitution grants all religious minorities, the rights to establish and maintain their own educational institutions, which may receive assistance from the state.

Secularism as philosophy of the constitution :- 

The preamble of the Indian constitution reflects the philosophy of the constitution, starts

“WE THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR DEMOCRATIC REPUBLIC and to secure all its citizen…………………………
”

Though the term ‘secular’ was not initially mentioned in original constitution, but the Indian constitution has always been secular. As, we have already discussed how Indian secularism differs from western concept. So, in India, it is not mutual exclusion, rather it is principled distance, a complex idea that allows state to be distant from all religions so that it can intervene or abstain from interference, depending upon which of these two would better promote Liberty, equality and social justice.

Constitution reinforces and reinvents forms of liberal individualism through Article- 26, 28, 19, etc. Constitution upholds the principle of social justice without compromising on individual liberties. The constitutional commitment to caste based affirmative action program, shows how much ahead India was compared to the other nations (as in US it began after 1964 civil rights movements)

Against the background of inter-communal strife, the constitution upholds its commitment to group rights (the right to the expression of cultural particularity). So, our forefathers/ framers of the constitution were more than willing to face the challenges of what has to be known as multiculturalism.

The question of secularism is not one of sentiments, but one of laws. The secular objective of the state was expressed by inserting the word ‘Secular’ in the preamble by the 42nd constitutional amendment act, 1976. Secularism is basic structure of the constitution.

Fundamental rights (Article 12 to 35) guarantees and promotes secularism. Right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies are such six fundamental rights.

Secular attitude or attitude of impartiality towards all religion is secured by the constitution under several provisions. (Article 25 to 28).

• Firstly, there shall be no ‘state religion’ in India. The state will neither establish a religion nor confer any special patronage upon any particular religion. It follows from this, that-
• The state will not compel any citizen to pay taxes for the promotion or maintenance of any particular religion or religious institution, mentioned under Article-27 of the Fundamental rights.
• It should be noted that government of India provides Hajj Subsidy for pilgrimage and this issue was contested in supreme court for alleged violation of article 14 (equality), Article 15 (non-discrimination), Article 27.

But SC upheld constitutionality of hajj subsidy saying that Article 27 would be violated if a substantial part of the entire income tax collected in India, or a substantial part of the entire central excise or the customs duties or sales tax or a substantial part of any other tax collected in India, were to be utilized for promotion or maintenance of any particular religion or religious denomination.

In other words, suppose 25 per cent of the entire income tax collected in India was utilized for promoting or maintaining any particular religion or religious denomination that would be violative of Article 27 of the Constitution.

• No religious instruction shall be provided in any educational institution wholly provided by state funds.
• Even though religious instruction is totally banned in state-owned educational institutions, in other denominational institutions(as recognised by or receiving aid from the state) it is not fully prohibited but it must not be imposed upon people of other religions without their consent (Article 28)
• Secondly, every person is guaranteed the freedom of conscience and the freedom to profess, practise and propagated his own religion, subject only-To restrictions imposed by the state in the interests of public order, morality and health. So, that the freedom of religion may not be abused to commit crimes or anti-social acts. For example- to commit the practise of infanticide, etc.
• To regulations or restrictions made by the state relating to any economic, financial, political or other secular activity which may be associated with religious practise, but do not really concerned to the freedom of conscience.
• To measure for social reform and for throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
• Subject to above limitations, a person in India shall have the right not only to entertain any religious but also to practise the observances dedicated by such belief and to preach his views to others (Article 25).
• Thirdly, not only is there the freedom of the individual to profess practise and propagate his religion, there is also the right guaranteed to every religious group or domination –
• To establish and maintain institution for religious and charitable purposes;
• To manage its own affairs in matters of religion;
• To own and acquire movable and immoveable property; and
• To administer such property in accordance with the law (Article 26)
• It is to be noted that this guarantee is available not only to the citizens of India but to all persons including aliens.