Secularism / Right to religious freedom

Published on 16 Jan 2025

India has been a secular state since its independence with these secular values being part of fundamental rights, from Articles 25 to 28, and explicitly mentioned in the Preamble. The Indian version of secularism does not completely separate religion from the state, but the state only maintains a principled distance. The state can promote the healthy practices of every religion and also work against discriminating and inhumane practices associated with religion. Thus, the state plays a crucial role in balancing the rights of religion and the rights of citizens in India.

Threats to India’s secularism

• Religious extremism: Fundamentalism and religious extremism have been the hallmark of many political groups whose divisive agenda threatens India’s secularism.

• Example: Student Islamic Movement of India and Indian Mujahideen are some extremist groups that are placed on the UAPA list.

• Hate speech: The intolerance towards religious minorities and marginalised groups results in hate speeches that incite violence in the public.

• Example: A comment from Bihar BJP MLA for setting ablaze the Muslims shows the hate towards the minority group.

• Communal violence: The culmination of extremist ideas and hate speech is the frequent occurrence of communal violence where people seek to protect their religious ideas by overlooking human rights.

• Example: The recent Hindu-Muslim conflict in Nuh, Haryana killing 6 people.

• Political manipulation: Formation of religion-based parties, posting candidates based on their religion and other acts of vote bank politics enlarges the societal divide.

• Overboard state interference into religion: Certain policies by the state into the personal laws that are protected by religion might not be the need of the hour. These overboard actions can hurt religious sentiments.

• Example: 9 states in India have passed anti-conversion laws which widens the religious gap between the citizens.

• Online radicalization: Social media platforms have become fertile ground for the spread of extremist ideologies which threatens India’s secular credentials.

• Example: Even during a pandemic, Islamophobia was reflected through the popularization of terms like Corona Jihad.

• Inequitable resource allocation: The present developmental disparity between religious groups and the disparity in the allocation of resources by the government can cause turbulence.

How to address them

• Promotion of interfaith dialogue: The government, civil society groups and religious leaders can organise interfaith dialogues to foster harmony among different religious communities.

• Strict action against hate speech: Action against individuals and political leaders who incite violence or spread religious intolerance.

• Strengthen minority institutions: Promotion of educational and cultural institutions run by minority communities so that they have better resources to have a better life.

• Promotion of political accountability: Political leaders should be held accountable for their statements which raise the level of intolerance in the society.

• Promotion of secular education: Inclusion of secular values in the curriculum to promote tolerance and respect for diversity.

As mentioned in the Kesavananda Bharati case secularism is a part of the constitution’s basic structure which shall not be diluted at any cost. The Bommai case judgement points to the utility of secularism in making society more heterogeneous, which calls for protecting the ideas underlying secularism.

Tags:
Polity

Keywords:
Secularism Right to religious freedom fundamental right article 25 article 28 article 26. article 27

Syllabus:
General Studies Paper 2

Topics:
Indian Constitution