Al Haqeeqa
India, often lauded as the world’s largest democracy, presents a unique and complex relationship between religion and the state. Unlike many Western nations which follows secularism as per its strict definition, India’s approach to secularism is distinct, reflecting its rich cultural and religious diversity. While India may have a diverse religious landscape, its constitution explicitly mandates a secular state, indicating a clear separation of religion and government. The objective of the article is to offer India’s unique approach to secularism while analysing how it navigates the complexities of religion and state interactions within their respective societies.
India’s secularism is rooted in its historical context, where religious pluralism has long been a defining characteristic of the nation. The country is home to a diverse array of religious communities, including Hindus, Muslims, Christians, Sikhs, Buddhists, Jains, and many others. This pluralism has necessitated a different kind of secularism, one that does not insist on a rigid separation between religion and state but rather aims for equal respect and treatment of all religion. Unlike the United States, which adheres to the principle of non-establishment, India does not have a “wall of separation” between religion and state. Instead, the state maintains a stance of neutrality and equal treatment towards all religion. This model of secularism has often been praised as it allows for the inclusion of all religious communities in the public sphere, fostering a sense of belonging among diverse groups. While the Indian Constitution guarantees freedom of religion and prohibits discrimination on religious grounds, it also allows for a certain level of state intervention in religious matters. This is evident in several provisions that permit the state to regulate or restrict religious practices in the interest of public order, morality, and health. For instance, Article 25 of the Constitution guarantees the freedom to profess, practice, and propagate religion, but it also allows the state to impose restrictions on these rights. Moreover, the Indian state plays an active role in the administration of religious institutions. Laws governing religious endowments, temples, and shrines often include provisions for state oversight. For example, the management of Hindu temples in certain states, such as Kerala and Tamil Nadu, is regulated by laws that require state-appointed officials to oversee these religious institutions. This approach reflects India’s effort to balance religious freedom with the need for social reform and public welfare.
In comparing the rights enjoyed by religious minorities in secular India with those in neighboring religion-based states, stark differences emerge. India, despite its challenges, offers a constitutional guarantee of religious freedom and equal treatment under the law. Religious minorities in India, such as Muslims, Christians, Sikhs, and others, have the right to establish and manage their own educational institutions, administer their places of worship, and practice their religious customs, albeit with some state regulation. In contrast, neighbouring countries like Pakistan and Bangladesh, which are predominantly Muslim and identify Islam as the state religion, often place restrictions on the religious practices of minorities. In Pakistan, for example, religious minorities such as Hindus, Christians, and Ahmadis face legal and social discrimination. The blasphemy laws in Pakistan are notorious for being used to target religious minorities, leading to severe penalties, including death, for those accused of offending Islamic beliefs. Ahmadis, in particular, are constitutionally declared non-Muslims and are prohibited from calling themselves Muslims or practicing their faith openly. Similarly, in Bangladesh, while the constitution initially proclaimed secularism, Islam was later declared the state religion. Although religious minorities like Hindus and Christians do have some constitutional protections, they frequently face societal discrimination and violence. The Vested Property Act, for example, has historically been used to confiscate Hindu-owned property, contributing to the community’s economic marginalization. India’s model, though not without flaws, attempts to ensure that all religious communities have the freedom to practice their faiths without state interference or favouritism. The contrast with its neighbours highlights the challenges and complexities of maintaining a secular state in a region where religion often plays a central role in national identity.
India’s judiciary has played a crucial role in navigating the complex relationship between religion and the state. In the landmark SR Bommai v. Union of India case (1994), the Supreme Court reaffirmed the secular nature of the Indian state, ruling that “secularism is part of the basic structure of the Constitution” and cannot be altered by parliamentary amendments. However, the judiciary has also recognized the unique nature of Indian secularism, which does not completely exclude religion from the public sphere. For instance, in cases involving the regulation of religious practices, the Court has distinguished between “essential” and “non-essential” aspects of religion, with the former being constitutionally protected and the latter subject to state regulation.
India’s approach to secularism is a delicate balancing act between respecting religious diversity and maintaining a neutral, non-theocratic state. As India continues to evolve as a democracy, the debate over the appropriate relationship between religion and the state is likely to persist. The Indian model of secularism, though imperfect, remains a testament to the country’s commitment to managing its vast religious diversity within a democratic framework. The future of India’s secularism will depend on how it navigates these complex dynamics, ensuring that all religions are treated with equal respect while upholding the principles of democracy and justice.
- Altaf Mir,
PhD Scholar
Jamia Millia Islamia
