SECULARISM AND FREEDOM OF RELIGION IN CONTEXT WITH INDIA AND UNITED STATE BY - ANGEL YADAV
SECULARISM
AND FREEDOM OF RELIGION IN CONTEXT WITH INDIA AND UNITED STATE
AUTHORED BY - ANGEL YADAV
Abstract
Secularism can be defined as a separation of
state in strict manner from religion. There is no discrimination in the basic
of any religion. Religious freedom is a fundamental right in India, and one
cannot discriminate based on religion. Where religion has an important role in
individuals' personal lives, is quite different from Western ones this paper helps
to understand various theories of secularism in India along with the religious
freedom as mentioned in the Indian constitution. Fundamental values like
secularism and religious freedom are vital in determining how India and the
United States' socio-political landscapes will look in the future. These
principles are enshrined in the constitutions of both countries, but there are
significant differences in how they are fully implemented. A fundamental
constitutional value in India, secularism has generated debate and controversy
because of the diverse religious and cultural diversity of the nation. Directly
in opposition, while religious freedom has long been upheld in the United
States, disagreements over its boundaries still persist. Furthermore, it
highlights the importance of both secularism and religious freedom in India
with an overview.
The research will examine the legal
structure, historical background, and constitutional guarantees of secularism
and religious freedom in each nation. It will also look at the difficulties and
disagreements each country has in defending these ideals, such the emergence of
communalism and religious extremism. The study will look more deeply at how
marginalised groups, such as religious minorities, are affected by secularism
and religious freedom.
Keywords: Secularism, religious freedom, fundamental right, socialism,
Right to equality etc
Introduction
Secularism defined
as the separation of religion from civil affairs
and the state, and may be broadened
to a similar position seeking to remove or to minimize the role of religion in
any public sphere[1]. It derived from word secular which means that it is not
connected with any religion or spiritual matters Freedom of choosing religion
belief and practice of religion is called secularism it has roots in Greek and
Roman philosophy it is also defined as the modernization of religious belief
and traditional value and hence the term secularism provide religious freedom
and ensure the freedom of both beliefs and non-belief of secularism it gives
people of freedom of choosing religion any tradition and people can follow more
than one religion people misunderstood the secularism with the atheism it was
believed that it promotes atheism but this statements is right opposite to the
meaning of the secular it promotes the religion beliefs and give freedom to
choose our relation and believe and following the religion and traditional
value. The term "secularism" has a broad range of meanings, and in
the most schematic, may encapsulate any stance that promotes the secular in any
given context[2]
The motive of the secularism is to create a society in which people of all
religion and for the person who don't belong to any religion and believe in any
god can live in same society together and peacefully it states that no one
shall be discriminated by any state Institute group of person or person on the
ground of religion or other believes.
Secularism and it
also stands for equal opportunity for followers of all religion and
non-discrimination and partly on ground of religion means separate religion
from political economic social and cultural aspects of life religion been
treated as purely persona matter.it also stands for equal opportunity for
followers of all religion and non-discrimination and partly on ground of
religion.
According to The Universal
Declaration of Human Rights Freedom of religion or religious liberty is
a principle that supports the freedom of an individual or community, in public
or private, to manifest religion or belief in
teaching, practice, worship, and observance. It also includes the freedom to
change one's religion or beliefs[3]. Right to religion
means we have right to choose our religion. It is a matter of personal belief
and value and this is the reason behind we consider as right to religion as a
fundamental right in India under the act right to freedom of religion[4] if anyone believe in
any particular religion and tradition follow any tradition it do not affect any
other person there are many countries who follows and apply right to freedom of
religion in their country but there are many country also restrict religion and
support and forced to follow particular religion and they discriminate on the
basis of the religion
the people right to religion says that every
person has right to choose their own religion and belief no one can force to
follow any religion equal opportunities are given to the people who belongs to
any religion it doesn't mean that giving priority to a specific religion it
believes in giving the priority the religion and beliefs of the people choose
one religion or they are free to choose more than one religion or they can
choose to not to believe in any religion also
Historical background of secularism
and Right to freedom of Religion
Secular owns its birth to state
sponsored program against those denomination which were not acceptable to the state
aim to introduce the concept of secularism at first is in French revolution “keep the start apart from church “the state
interfere in the church’s matter so they can keep apart both of them but in
India there is no such problem because there is no interference of church so
state was always secular Secularism has very deep rooted in the history of
India Indian culture is based on blending of various ritual tradition and
social movements. Indian culture is blend of various religion traditions and
believes. In ancient India the Sanatan Dharma was basically allowed to develop
as an elastic religion by welcoming different spiritual tradition and trying to
giving acceptance in the society the development of four Vedas, upnyas and
Puranas clearly shows that the India has religious plurality of Hinduism there
is very old history of secularism present in India. It exist from the beginning
in the india the first great Emperor Ashoka as early as 3rd Century BC he 4announce
the state would not follow any specific religion even after the growth of
Jainism Buddhism and later Islam and Christianity in India the India do not
change the society or make any specific reason for the country in the middle
India the Sufi and Bhakti movement they
shows in there various books, poems they wrote about the society and people of various community together so
they can live with love and peace in the same society living light of these movements sant kabir das, khwaja
moinuddin chisti, baba farid, guru nanak dev etc the writing given impact in on
people to live peacefully in the society with the different religion and Faith
if you see in the historical time 500 years ago the King Akbar he had a number
of Hindus as his ministry we did not bound the people of his Kingdom to follow
his religion the most prominent evidence of right to religion and the people of
different religion live together is 'Din -i-ilahi' which means divine faith it
has the elements of both Hindu and Muslim faith this title is given by the
people of the kingdom to the King Akbar because he follows both the religion
and does not discriminate on the basis of the religion
Classic Judo
Christian traditions the idea of religious freedom in increase and grows in the
time of reformation it become the major social and political issue both
religious and secular is found a major issue of political expression from the
last past two centuries the idea of religious Liberty has been increased the
motive to stop the discrimination against a particular religious community in
the society freedom of religion is protected by the first amendment of the
United States constitution prohibits the national religion and discrimination
on the basic of religion. the world should has religious freedom the bills of
right was added to the United States constitution is 1791 there are many states
which are containing the “bills of right[5]”
put the Government of USA Federal and state government want to address the
concern and to encourage people and make changes in the constitution government would include the bill of freedom
of religion the first Congress freedom of religion is that how the state cannot
establish a religion men date and the specific prayer of any religion in the
school an state cannot prepare one religion over another the freedom of
religion was banned in fact on the freedom of freely worship.
Secularism in Indian constitution
The secularism was
not in the Preamble as enacted by the constitutional assembly the terms of
socialist and secular were added to it by the 42nd amendment the Abstract of
Constitution is in the Preamble if is the mirror of the constitution the
Preamble of India constitution in to constitute India into a sovereign in
socialist, Democratic, Republic[6]
the aim diversification to added secularism in the Indian Constitution is
Indian society is multi religious society it have different caste religion
along with several religion. The basic feature of the secularism was explain by
honourable Supreme court which held that secularism means “the state shall have
no religion of its own and all person of the country shall equal entitled to
freedom of their conscience and have right freely to follow and practice any
religion [7]
Secularism and help us to achieve the unity and integrity of
the nation it aims to secure to Citizen justice equality and liberty and to
promote fraternity while assuring unity and integrity of the nation along with
the individual dignity. It can change the effective relationship between the citizens
and there is not discrimination happens on behalf of religion, faith and belief
through the constitution provision the countries goal is to achieve equality
Liberty justice and fraternity. The Honourable Supreme Court uphold the sale of
the state government ruled by BJP and sad secular not only means that the state
should have no religion of its own and should be neutral as between different
religion, but the political party with demand to capture the power the religion
would not to capture the power the religion would come to acquire a secondary
or less favourable position[8]
In India as per the constitution India is a secular country
that means which is an associate it with one religion as a secular country's
government systems approach should be known religious it is very rare example
in world where 130 plus cores of population belongs to different religion,
caste, colour, language, and traditions are living in India under one
constitution. We are the second most populated country in the world and it's really
hard to achieve secularism in this population under the (Article 14 to 22)[9]
and (Article 25 to 28) [10]different
person group communities and parties have different opinion on secularism
of Indian constitution
The constitution of India guarantee the right to
freedom of religion to not only individual but also religious group in India it
is given in the (Article 25 to 28) of the Indian constitution. Freedom of religion
guaranteed under India constitution is not confined to its citizen but extends
to all person including alien[11]
These rights are claims of an individual over the society it
plays major role in development of the individual personality the fundamental
rights which are guaranteed in part third of the Indian Constitution these
rights starts from article 12 to article 35 of the Indian Constitution all the
fundamental rights are enforced by the supreme court and the High Court of
India forever state it is obligatory to treat all religion equally because our
constitution has provide with the concept of secular state has no right to have
its own religion Supreme court says that Delusion is matter of a with
individual or community it is not necessary a religion as is basic in a system
of belief of doctrine which is regarded by those two people that religion as to
their way down the code ethical rules for its followers to exact fit mind
describe ritual and observation[12]
Our constitution also provide freedom of religion to all the
people of country beyond the caste, sex, place of birth and religion
·
Individual have freedom
to practice their own religion of their choice
·
All religious community
are free to manage their religious affair
·
They are free for the
payment of any fund to promote any
religion
·
The people of country is
free to attend any religious instruction and functions
·
No tax can be imply on
the name of religion
Article 25 of Indian constitution
Article 25 of Indian constitution[13]
is subject to public order morality and health and to the other provisions for
all the part and every citizen of country is free to practice any religion and
tradition and moral values of that religion. It is related to the economical
financial political or other cellular activity which may be associated with the
religious practice provision of social welfare and Reform of drawing open Hindu
religion
Article 26 of Indian constitution
Freedom to manage
religious affair[14]
·
To establish and
maintain the institution regarding any religion
·
To manage any affair
regarding any religion
·
To acquire and own any
property(movable and immovable )
Article 27(Freedom
as to payment of taxes for promotion of any particular)
No person shall be compelled to pay any taxes on the name of
religion. But people are free to donate or provide funds to any religion.
Article 28 (Freedom
as to attendance at religious instruction or religious worship in certain
education institution)
No religion instruction shall be provide in any educational
institution wholly maintained out of state funds. No personal training in Educational Institute recognised by
the state or receiving out of state funds shall be required to take part in any
religion instruction that may be an institution to attend any religious worship
that we conduct institution or in any premises attach. There are useless such
person of such person is minor has given his consent.
Right to Freedom of
Religion in United State of America
Freedom of religion was first applied as a principle of
government in the founding of the colony of Maryland, founded by the
Catholic Lord Baltimore, in 1634[15]In
the United States freedom of religion is constitutionally protected rights over
the religion causes of the first amendment freedom of religion is interpreted
types of overtime in the United States and continues to be controversial issue
of major topic of George Washington farewell address several American sate has
their own official state touches both before and after the first amendment was
passed legally religion water nature close of (18902- 1891) the long-term trend
has been towards increasing secularization of government the remaining churches
was disabled in 1820 and teacher let Public School player was abolished in 1962
but the military remains to present day in recent years there have been an
attempt to replace the freedom of religion with the more Limited freedom of
worship also the freedom of religion include some from the recognition of
individual consequences of each citizen with the possibly object freedom of
religion in USA include building place of worship compulsory speech prohibition
counselling compulsory customisation workplace marriage and the family the
choosing of religion leaders dress education of praying ,medical care, worshipped
during quantity is use of government
land protection of grave body all the provision come under the freedom
of religion in which state
“no
man shall be compelled to frequent or support any religious worship, place, or
ministry whatsoever, nor shall be enforced, restrained, molested, or burthened
in his body or goods, nor shall otherwise suffer, on account of his religious
opinions or belief; but that all men shall be free to profess, and by argument
to maintain, their opinions in matters of religion, and that the same shall in
no wise diminish, enlarge, or affect their civil capacities”.[16]
The Fourteenth Amendment to the
United States Constitution guarantees the religious civil rights. Whereas the
First Amendment secures the free exercise of religion, section one of the
Fourteenth Amendment prohibits discrimination, including on the basis of
religion, by securing "the equal protection of the laws"[17]
for every person:
All
persons born in the United States, and subject to the jurisdiction of U.S., are
citizens of the United States and of the State where in they reside. No state
shall enforce any law which shall abridge the privileges or immunities of
citizens of the United States; nor shall any State deprive any person of life,
liberty, or property, without due process of law; nor deny to any person within
its jurisdiction the equal protection of the laws.
This amendment was cited in Meyer
v. Nebraska, striking down laws which banned education in the German language. These laws
mainly affected church schools teaching in German. Some laws, such is in
Montana, forbade preaching in German during church. A total ban on teaching
German in both public and private schools was imposed for a time in at least
fourteen states, including California, Indiana, Wisconsin, Ohio, Iowa and Nebraska.
California's ban lasted into the mid-1920s, and German was banned again in
California churches in 1941.[18]The Supreme Court of India held that secularism is a
part of the basic structure of the Constitution. Further, it was held that
elements that constitute the basic structure cannot be amended by the
Parliament.[19]
S.R
Bommai v. Union of India ([1994] 2 SCR 644 : AIR 1994 SC 1918 : (1994)3 SCC1)
The principle laid down in the
Kesavananda Bharati case was reiterated in 1994 in the case of The Supreme
Court cleared the doubt over the word ‘secularism’ in the Constitution. The
Court held that a secular nature of a society does not make it an atheist
society. Secularism makes society more heterogeneous. The law of a secular
nation provides equal status to all religions and does not favour or
discriminate against anyone.
It bound the
state so that state can’t interfere in the matter of religion; state can
support religion but doesn’t discriminate any specific community on the basic
of this. State cannot build any religious place but it can fund it not in
direct way
Example- Babri
Masjid – Ram Janmabhoomi case , the shriram janam bhoomi it was believe that at
the place where the babri masjid is situated in ancient time there is a temple
of lord shree ram and in Mughal era they destroy the temple and made bari
masjid at the same place where the temple is situated. This dispute become very
prominent and in February 2016 ,Subramaniam Swamy filed a case in the Supreme
court for the construction of temple (Ram Mandir) on disruptive land.[20]
The five
–judge bench of the Supreme Court without opposition pronounced its verdict on
9 November 2019.
·
The court
order the Government of India to create a trust to build the Ram Mandir temple
and form board of trustees within three months. The disputed law is govern by
the government of India and subsequently transferred to the Trust after its
formation
The state can
make trust for temples to support but it don’t mean the state is forcing to
follow and biased toward other religion
Conclusion
Secular means which is not connected with any religion or the
country which belief in any particular religion the preamble of the Indian
constitution has the word secular which added later by the 42 amendment of the
constitution ,the world secular and Article 25 to 28 of constitution imply that
the state will not discriminate patronise in the possession of any religion
secular and right to religion is similar and they share common aim they two
provisions are mandatory to mention the freedom of religion
The secularism restricted the interfere of state into the
religion .and force to follow any specific one freedom of religion is given in
the fundamental rights under the constitution
of India. It reflect the secular character where there shall be no
discrimination on the basic of the religion, there is a concept which is givin
by the mahatma Gandhi and jawahar lal Nehru is “Dharm nirpekshta andsarva
dharma sambhav” we have to follow these words if we want to understand and
achieve the true goals of secularisim an freedom of religion
[1] Luke W. Galen. The
Nonreligious: Understanding Secular People and Societies. Oxford University
Press, 2016. p. 22-23
[2] Bullivant, Stephen; Lee, Lois, eds.
(2016). "Secularism". A Dictionary of Atheism. Oxford
University Press.
[7] Indra V. Rajnarayan 1975 AIR SC
2299
[8] S.R Bommai V. Union of India
1994AIR SC1981
[9] Article 14 to 18 (Right to
Equality),Article19 to 22(Right to Freedom )
[10] Article 25 to 28 (Right to freedom
of religion)
[11] Ratilal Panchand V. State of
Bombay 1954 AIR 388,1954
[12] Commissioner H.R.E V. L.T.Swammiar
[13] Article 25 (Freedom of conscience
and free profession, practice and Propagation)
[17]
First amendment of united state constitution
[19] Kesavananda Bharati Sripadagalvaru & Ors. v.
State of Kerala & Anr. (Writ Petition (Civil) 135 of 1970)