What is Secularism?

• The Indian Constitution contains Fundamental Rights that protect us against State power as well as against the tyranny of the majority.
• The Indian Constitution allows individuals the freedom to live by their religious beliefs and practices as they interpret these.
• In keeping with this idea of religious freedom for all, India also adopted a strategy of separating the power of religion and the power of the State. Secularism refers to this separation of religion from the State.

Why is it Important to Separate Religion from the State?

• As discussed above, the most important aspect of secularism is its separation of religion from State power. This is important for a country to function democratically.
• Almost all countries of the world will have more than one religious group living in them. Within these religious groups, there will most likely be one group that is in a majority. If this majority religious group has access to State power, then it could quite easily use this power and financial resources to discriminate against and persecute persons of other religions. This tyranny of the majority could result in the discrimination, coercion and at times even the killing of religious minorities.
• The majority could quite easily prevent minorities from practising their religions. Any form of domination based on religion is in violation of the rights that a democratic society guarantees to each and every citizen irrespective of their religion.
• Therefore, the tyranny of the majority and the violation of Fundamental Rights that can result is one reason why it is important to separate the State and religion in democratic societies.
• Another reason that it is important to separate religion from the State in democratic societies is because we also need to protect the freedom of individuals to exit from their religion, embrace another religion or have the freedom to interpret religious teachings differently.
• To understand this point better, let us take the practice of untouchability. You might feel that you dislike this practice within Hinduism and therefore, you want to try and reform it. However, if State power were in the hands of those Hindus who support untouchability, then do you think that you would have an easy task to try and change this? Even if you were part of the dominant religious group, you might face a lot of resistance from fellow members of your community. These members who have control of State power might say that there is only one interpretation of Hinduism and that you do not have the freedom to interpret this differently.

What is Indian Secularism?

The Indian Constitution mandates that the Indian State be secular. According to the Constitution, only a secular State can realise its objectives to ensure the following:

1. that one religious community does not dominate another;

2. that some members do not dominate other members of the same religious community;

3. that the State does not enforce any particular religion nor take away the religious freedom of individuals.

The Indian State works in various ways to prevent the above domination :

First, it uses a strategy of distancing itself from religion.Indian State recognises that wearing a pugri (turban) is central to a Sikh’s religious practice and in order not to interfere with this, allows an exception in the law like wearing helmets on bikes.

The Indian State is not ruled by a religious group and nor does it support any one religion. In India, government spaces like law courts, police stations, government schools and offices are not supposed to display or promote any one religion. For example, Government schools cannot promote any one religion either in their morning prayers or through religious celebrations. This rule does not apply to private schools.

Sometime members of the same religion (‘upper-caste’ Hindus) dominate other members (some ‘lower castes’) within it. In order to prevent this religion-based exclusion and discrimination of ‘lower castes’, the Indian Constitution bans untouchability. In this instance, the State is intervening in religion in order to end a social practice that it believes discriminates and excludes, and that violates the Fundamental Rights of ‘lower castes’ who are citizens of this country. Similarly, to ensure that laws relating to equal inheritance rights are respected, the State may have to intervene in the religion-based ‘personal laws’ of communities. The intervention of the State can also be in the form of support. The Indian Constitution grants the right to religious communities to set up their own schools and colleges. It also gives them financial aid on a nonpreferential basis.

In what way is Indian secularism different from that of other democratic countries?

Some of the above objectives are similar to those that have been included in the Constitutions of secular democratic countries in other parts of the world. For example, the First Amendment of the U.S. Constitution prohibits the legislature from making laws “respecting an establishment of religion” or that “prohibit the free exercise of religion”. What is meant by the word ‘establishment’ is that the legislature cannot declare any religion as the official religion. Nor can they give preference to one religion. In the U.S.A. the separation between State and religion means that neither the State nor religion can interfere in the affairs of one another. There is one significant way in which Indian secularism differs from the dominant understanding of secularism as practised in the United States of America. This is because unlike the strict separation between religion and the State in American secularism, in Indian secularism the State can intervene in religious affairs. You have read about how the Indian Constitution intervened in Hindu religious practices in order to abolish untouchability. In Indian secularism, though the State is not strictly separate from religion it does maintain a principled distance vis-à-vis religion. This means that any interference in religion by the State has to be based on the ideals laid out in the Constitution. These ideals serve as the standard through which we can judge whether the State is or is not behaving according to secular principles. The Indian State is secular and works in various ways to prevent religious domination.

The Indian Constitution guarantees Fundamental Rights that are based on these secular principles. However, this is not to say that there is no violation of these rights in Indian society. Indeed it is precisely because such violations happen frequently that we need a constitutional mechanism to prevent them from happening. The knowledge that such rights exist makes us sensitive to their violations and enables us to take action when these violations take place.