Written by: Shubham Kumar, Galgotias University, 2nd year Law Student
Introduction
Secularism is the view that morality and education should not be based on religion. In a country run on principles of secularism, all religions are treated equally without favour or neglect. They are not interfered in but they are not also allowed to interfere in matters of administration or otherwise. Religion is concerned with the faith of an individual for the betterment of the spirit or the soul. It has nothing to do with administration or politics. Secularism does not mean absence of religion or indifference to religion. Religion is given full freedom to grow and flourish. But it is not allowed to interfere in matters of state. People belonging to a particular religion are not given precedence over people belonging to a different religion. With the 42nd amendment of the constitution of India enacted in 1976, the preamble to the constitution asserted that India is a secular Country.
"The 42nd amendment changed the description of India from 'sovereign democratic republic' to a 'sovereign, socialist secular democratic republic' and also change the words unity of the nation to unity and integrity of the nation".
Benefits of the secularism
With the multiple religion and problems arising out of the same secularism comes an answer to this with the following benefits:
A tool for religious harmony
Peace in India society
Inter-religious respect
Answer to the problems arising
Helpful in achieving constitutional goals
Works for progress towards the goals of the "welfare state".
Problems due to multiple religions
As it is very well known, India has no religion and all the citizens are free to exercise their religion in India which consequently results in multiple religions in Indian society. Following may be the problems due to the existence of multiple religions in Indian society:
communal riot
political backwardness
narrow-minded
slow development
Hindrance in way of achieving goals of development.
One's favour is the other's opposition - leading to the generation of problems in policy making.
Indian constitution and religion
Through the preamble, we declare India, a state i.e. there is no religion in the country and it respects all religions. Article 15. "Prohibition of discrimination on grounds of religion, race, caste, gender, place of birth".
The state shall not discriminate against any citizen on grounds only of religion, race, caste, gender, place of birth or any of them.
Article 25 "freedom of conscience and free profession, practice and propagation of religion.
Subject to public order, morality and health and the other provisions of this part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion".
Article 26. "Freedom to manage religious affairs subject to public order, morality and health, every religious denomination or any section thereof shall have the right to establish and maintain institutions for religious and charitable purposes, to manage its affairs in matters of religion, to own and acquire movable and immovable property and to administer such Property by law".
Article 27. "Freedom as to payment or taxes for promotion of any particular religion no person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of a particular religion or religion denomination".
Article 28. "Freedom as to attendance at religious instruction or religious worship in certain educational institutions, no religion instructions shall be provided in any educational institution wholly maintained out of state funds, no person attending any educational institution recognised by the state or receiving aid out of state funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or any premises attached unless such person or if such person is a minor, his guardian has given his consent cultural and educational rights".
Conclusion
Constitution Guarantees:
No discrimination on religion
Freedom to manage religious affairs
Payment to taxes to promote any religion
Freedom of religious attendance/ worship
"Religion" should be used for one's inner upliftment and moral support and not a divisive factor which works as a Hindrance in growth and development".
Indian history has witnessed a lot of backwardness and degradation in the name of religion, but now we are moving over these evils based on religion and related aspects. "Secularism"- the tool against this has helped Indian society to grow and develop ignoring the ill aspects based on religions. We should adopt secularism in its widest meaning to avail the optimum out of it.
Case Laws
S.P Mittal V. Union of India
Santosh Kumar and others etc. V. The secretary, minister of human
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