The Idea of Secularism

I. What is secularism?

The term secular means "of this world" as opposed to religious "other-worldly beliefs." As a result, Secularism refers to any tendency in a culture that is steered away from otherworldliness and toward earthly life. According to Charles Taylor, "the modern era is not one without religion; instead, secularisation marks a shift from a society in which belief in God is unquestioned and uncomplicated to one in which it is seen as a choice among others." The result is a radical pluralism that offers unprecedented freedom while also posing new challenges and instabilities².

II. Interpreting secularism: Dive-rsity or Ambiguity?

George Jacob Holyoake, a British writer, was the first to coin the term "Secularism". According to him and a few others, Secularism means that religious factors should not be considered when drafting laws or political decisions. These thinkers see Secularism as an earmark of progress, while faith as a step backwards. They believe that in order to promote social order in the modern world, society must separate itself from religion³.

Secularism is a complex notion with a variety of ethical, philosophic, and socio-political implications. Its spiritual and ideological manifestations are based on straightforward but powerful principles. Secularism can be divided into two categories: hard and soft. "Hard" Secularism strictly forbids interference of religion in government affairs and vice versa. The "soft" variety promotes religious tolerance and liberalism. "Hard" Secularism strictly forbids interference of religion in government affairs and vice versa. The "soft" variety promotes religious tolerance and liberalism⁴.

III. Dynamism of secularism:

The definition of Secularism is ever-changing. Over the years, Secularism has been interpreted and adapted differently. Even in India, the Supreme Court has been analysing Secularism in the Indian Constitution differently from time to time.

As remarked by Mushir-Ul-Haq in 1972: “For the last two decades Indians have been talking of Secularism, yet the term remains vague and ambiguous. One may, therefore, be justified in asking: what does Secularism really mean- especially in the Indian context?" According to him, the idea of Secularism has undergone numerous discussions without yielding a precise definition⁵.

In its original nineteenth-century formulation, Secularism was not antagonistic towards religion; instead, it was pro-religion, allowing believers to decide moral dilemmas according to their own conscience without undue state intrusion. A lot has happened since then in matters of faith, ideologies, Secularism, and community as a whole. New problems have surfaced that reveal Secularism's vulnerabilities and flaws and its ability to marginalise and exclude people, raising issues about its utility in its current dominant form⁶.

Importance of Secularism:

Secularism aims to build a framework for a

peaceful and democratic society. Its purpose is to maintain the right to practise, profess, and propagate religion as long as it does not infringe on others' rights and liberties. It also assures that a person's right to religious liberty is constantly weighed against his or her right to remain free from any religious practices.

Secularism, in its various forms, strives to govern connections between opposing viewpoints in modern democracies that are incredibly different in order to create an ideal atmosphere for living⁷⁸.

Human rights abuses, assistance and welfare, resettlement and refuge, global warming, dispute resolution, and reconciliation, to name a few, are all addressed by secularism-based global governance institutions and frameworks⁹.

IV. Secularism in india

As correctly put by Salman Rushdie, a self-professed humanist, "Secularism for India, is not simply a point of view, it is a question of survival." India is characterised by its religious diversity. The expanse of the territory, inhabited by the large population, speaking languages of baffling diversity, and professing different faiths, has always posed a true barrier to any attempt at unification and coherence. This variety necessitates equal opportunity, equality before the law, and other factors that are only achievable through Secularism. Secularism in India is "religious tolerance," yet the exact definition seems uncertain and changing.

Religion plays a significant role in Indian culture and society. With its pluralistic, mediaeval, feudalistic, and caste-ridden foundation, the community's historical identity has been left without a decisive unifying factor all along.

The 42nd Amendment to the Indian Constitution guarantees Secularism. India's federal government and the state governments can pass laws to regulate the various religious institutions, non-profits, and trusts that are included in the Concurrent List as per the 7th Schedule of the Indian Constitution. Thus, India does not separate religion from State, much as it allows reforms in the former by the latter. The Indian Constitution allows the State to intervene in religious matters for reforms such as:

• The Constitutional abolition of untouchability ("Article 17¹⁰: "Untouchability" is abolished, and its practice in any form is prohibited. The enforcement of any disability arising out of it shall be an offence punishable as per the law.)¹¹,
• imposing restrictions on the triple talakh system,
• Abolishing child marriage,
• Abolishing sati system,
• Allowing the rightful entry of people from the so-called lower castes in all Hindu temples,
• Allowing the entry of women into the Sabarimala Temple, and so on.

Furthermore, neither the Constitution nor its statutes specify the relationship between the State and religions. The State supports the representation and protection of all expressions of religion. Minority religious organisations are granted privileges in order to help them develop. All citizens are protected by the same laws on the freedom to practise, profess, and propagate their religion. Still, each community has its own set of personal rules governing marriage and property rights.

For example, a Muslim male can be married to four women living at a time. In contrast, if a Hindu male marries again during the lifetime of his first wife while being married to her, he is Punishable under Section 494¹² for the offence of bigamy. Marriage is seen as a contract in Muslim law, but it is sacred under Hindu law. The laws are susceptible to changes or reforms by acts and amendments due to reforms in society or legislature. Nevertheless, all are given equal consideration under the Indian Penal Code.

The Indian concept of Secularism has both proponents and detractors. Supporters argue that it protects "minorities and plurality," and that enforcing a standard civil code like the West, i.e., equal rules for all citizens regardless of faith, poses a risk of imposing Hindu majoritarianism. On the other hand, critics call India's version of secularism "pseudo-secularism," claiming that the country's adoption of Sharia and differences in legislation based on religion undermines the principle of "equality before the law".

Notable Verdicts by the Indian Courts:

The Supreme Court of India had decreed that India has been a secular state since its foundation in S. R. Bommai vs. Union of India (1994)¹³.. It further stated that "Religion has no role in affairs of the State; and, if the Constitution called for the State to be secular in thought and action, the exact requirement attaches to political parties as well."

In the State of Gujarat and another vs. Islamic Relief Committee Gujarat and others¹⁴, the Indian Supreme Court directed the State of Gujarat to pay compensation to the aggrieved party under Articles 27¹⁵, 226¹⁶, and 136¹⁷ of the Indian Constitution. Under Articles 26¹⁸ and 27¹⁹ of the Indian Constitution, the state government's responsibility has been to provide equal treatment of all religions and faiths; religious property and places of worship require protection for national unity and integrity.

In the Gulam Kadar case²⁰, the honourable apex court held that that religious tolerance is the backbone of Indian secularism, and pluralism is the hallmark of Indian civilization. It is founded on the concept that all religions are equally excellent and effective means of reaching God. It refers to a complicated interpretive approach wherein religion is transcended as many ideologies are brought together. It serves as a link between religions in a multi-religious community, allowing them to overcome their differences. In addition to that, secularism as a guiding concept of governmental policy and activity is a fundamental aspect of the Constitution.

V. Secularism in the west:

Here, Secularism is the separation of Religion and State. It means a total non-interference of the State in Religion and vice versa. In Western society, Secularism prohibits the open exhibition of religion outside of religious institutions. Many nations, including France, Belgium, and Denmark, have outlawed the hijab because it is seen as an unwelcome religious symbol. Students are also barred from wearing religious symbols and attire in public primary schools, secondary schools, and lycées under the Secular Principle, 2004-228 of 15 March 2004 (the Act)²¹.

James Madison, the fourth U. S. president and the "Father of the United States Constitution," opposed military and senatorial preachers, feeling that they were equal to or represented the government's support of religions. He wrote that "Every step short of this 'pure religious freedom', 'would leave crevices at least thro' which bigotry may introduce persecution; a monster… feeding & thriving on its own venom²²".

Unlike India, the Western states do not provide any financial aid to institutions run by religious societies. Also, Western society adheres to a standard code of conduct. Religious engagement in government affairs, particularly religious influence in state politics, is discouraged under Article 1 of the French Constitution²³. It also forbids the government from interfering in religious affairs. In France, Secularism does not obstruct people from practising their faith freely.

VI. Conclusion:

"Secularism is more than a passive attitude of religious tolerance. It is a positive concept of equal treatment of all religions," as remarked by Justice Reddy in the Bommai case²⁴. Secularism is a multi-value doctrine, and the values that make it up don't always blend well. While secularism in the West generally denotes the government's autonomy from or impassivity to "religion", and subsequently, the alternative term for "secular" is "religious", in India, the State interferes in religion for the betterment of society (The Indian Constitution not only accepts the right to religion as a guarantee to individuals and spiritual sects, but it also incorporates State intervention for the transformation of socio-religious belief systems, or, to put it another way, the abolition of social evils and discriminations fomented in the guise of religion, such as "sati," "devdasi system," "child marriage," "triple talaq," "untouchability," and several other socio-cultural injustices.), and hence, the alternative term used for "secular" is "communal" and not "religious"²⁵. As a result, the “idea of secularism” will always necessitate new interpretations, contextual judgments, and reconciliation and compromise attempts²⁶.

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