Concept of Secularism
Secularism in India is enshrined in the Constitution, which emphasizes a principled distance from religion while simultaneously allowing for a nuanced interaction between the state and various religious communities. The Preamble explicitly declares India as a "Sovereign Socialist Secular Democratic Republic," highlighting the importance of secularism as a foundational principle of governance. The 42nd Amendment in 1976 formally added the term "secular" to the Preamble, reinforcing the state's commitment to maintaining neutrality towards all religions.
Key Features of Indian Secularism
1. Non-Discrimination: The state must treat all religions equally and cannot favor one over another.
2. Freedom of Religion: Citizens have the right to practice, propagate, and profess their religion freely.
3. Reformative Approach: The Constitution allows for interventions in religious practices deemed socially unjust, exemplified by laws against untouchability and provisions for gender equality in personal laws.
The Supreme Court has played a critical role in interpreting these principles. In St. Xavier's College v. State of Gujarat (AIR 1974 SC 1389 at 1414) the Court affirmed that secularism does not equate to being anti-religion; rather, it encompasses the rights of atheists and agnostics as well. In the case of S R Bommai Vs Union of India (AIR 1994 SC 1918),Supreme court has held that secularism is a basic feature of constitution. The state treats equally all religions and religious denominations. Religion is a matter of faith and cannot be mixed with secular activities. Secular activities can be regulated by the state by enacting a law.
Religious Fanaticism
Religious fanaticism poses a significant challenge to India's secular framework. It often manifests through political mobilization based on religious identities, leading to communal tensions and violence.
Supreme Court Judgment Addressing Fanaticism
- National Anthem case, Bijoe Emmanuel v. State of Kerala (1984 SC) : This case highlighted India's tradition of tolerance, where the Court ruled against punitive actions taken against individuals exercising their right to religious expression.
Conclusion
The interplay between secularism and religious fanaticism in India is complex and fraught with challenges. While the Constitution aims to uphold a secular ethos by protecting individual freedoms and promoting equality, the rise of religious fanaticism threatens these ideals. The judiciary's role remains crucial in navigating these tensions, ensuring that secular principles are upheld while addressing the realities of communal politics.
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