What does legal dimensions of Indian Secularism means ?
The concept of secularism sparks intense debate. It encompasses two main concepts. Positive secularism, followed in India, involves the state recognizing religious coexistence and striving to foster a healthy relationship between religions and the state. It prioritizes minority rights and advRead more
The concept of secularism sparks intense debate. It encompasses two main concepts.
Positive secularism, followed in India, involves the state recognizing religious coexistence and striving to foster a healthy relationship between religions and the state. It prioritizes minority rights and advocates for religious pluralism.
Negative secularism, on the other hand, advocates for a strict separation between religion and the state. It dictates that religion should not interfere in state matters, and vice versa. All religions are considered equal in the eyes of the law.
Uniform Civil Code aims to establish a common set of laws for all citizens, replacing personal laws granted to specific religious communities. It ensures equal treatment of all citizens, regardless of their religion.
Indeed it can be inferred that implementation of UCC in India will be the first step towards achieving the ideal of Negative Secularism . Which is idealised as perfect equality .
Implications of implementing UCC in India can be different across different Communities as :-
It is opposed by some minority communities because it seeks to abbrogate their personal religious laws. And they think that this is unnecessary intervention of government in their religious matter.
While some people thinks UCC is necessary for national integration and Equal treatment of people before law .
It is also written in Directive Principles of State Policy in Constitution Article 44 that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
I think that UCC is necessary also for stopping illegal religious conversions and stopping the interference of government in all the religions. A uniform code is required to make a strong legal system which will also be effucient .
See less
The constitutional framework and judicial interpretations that guarantee the state's equal treatment of all religions embody the legal aspects of Indian secularism. Indian secularism entails the state actively defending the right to freedom of religion while upholding a principled distance from allRead more
The constitutional framework and judicial interpretations that guarantee the state’s equal treatment of all religions embody the legal aspects of Indian secularism. Indian secularism entails the state actively defending the right to freedom of religion while upholding a principled distance from all religions, in contrast to the Western understanding of secularism, which frequently suggests a rigid barrier between religion and state. Important clauses in the constitution including Articles 14, 15, 25, 26, 27, and 28 uphold the concepts of freedom of conscience and religion, nondiscrimination based on religion, and equality before the law. India’s devotion to these ideas is reflected in the Preamble to the Indian Constitution, which declares the country to be a secular republic.
Secularism has been reaffirmed by court decisions as a fundamental component of the Constitution, most notably in judgements such as S.R. Bommai v. Union of India and Kesavananda Bharati v. State of Kerala. This dedication is further demonstrated by the state’s laws and customs, which include acknowledging religious holidays and providing assistance to religious organisations. Notwithstanding obstacles such as intergroup violence and discussions surrounding a Uniform Civil Code, the legal system works to preserve secular values, guaranteeing a diverse and welcoming community.
See less