In what ways do legal systems in India reinforce or contradict the fundamentals of secularism?
Secularisation is the process where a society transforms from having a close identification with religious values and institutions towards non-religious values and institutions. It is a reflection of the fact that as a society undergoes modernisation, the authority of religion diminishes in all theRead more
Secularisation is the process where a society transforms from having a close identification with religious values and institutions towards non-religious values and institutions. It is a reflection of the fact that as a society undergoes modernisation, the authority of religion diminishes in all the aspects of social life and governance. Indian society with its economic and social growth has been experiencing a similar process of secularisation.
Key Features Of Secularized Society
- State independent of religion.
- Diminishing authority of religion and religious institutions.
- Fall in religion and caste-based oppression and violence.
- Rise of modern and secular institutions.
- Individuals do not primarily identify with religion, caste, language and region.
Secularization Of Indian Society
Secularisation in India has been a gradual process which started at the outset of independence and has been a key feature of Indian society since then.
1. Secularism and Constitution of India
- “We the people of India…” adopted the constitution not just as a legal document, rather it reflects the vision and mission of Indian society as a whole.
- It abolished all the discriminations based on religion and is committed to equality, justice and fraternity. To further validate the secular nature of India, the word “secular” was inserted by the 42nd constitutional amendment act.
- Constitutional provisions such as Article 15, 16, 17 and 25 etc are examples of secular expectations of Indian society.
2. Secularism and Laws & Acts of India
- Parliament is a congregation of representatives chosen by people of India. They make laws and acts fulfilling the aspirations of the people.
- Beginning from Hindu Code Bills in the 1950s till Muslim Women (Protection of Rights on Marriage) Act, 2019, hundreds of laws and acts were passed and implemented to transform Indian society.
3. Cases and Judgements
- People are filing PILs pleading to discard discriminatory practices of the religion. It indicates the increasing tendencies of questioning the religion, which is a secular trait.
- The Sabarimala and the Triple talaq judgement of the Supreme Court signalled precedence of women‘s rights over religious practices, thereby establishing the secular credentials of our society.
- Decriminalisation of adultery and Navtej Singh Johar judgement on Section 377 are also indications that Indian society is now more open and accepting of ideas which may contradict their religious beliefs.
4. Secularism in Public sphere
- Inter-caste and inter-religious marriages are on the rise, reflecting the vanishing religious barriers separating the communities within Indian society. More and more couples are preferring marriage under the Special Marriage Act.
- Globalisation and modernisation affecting the food habits and cultural practices of Indian society. A society which was predominantly vegetarian due to religion is now accepting all kinds of food habits.
- Similarly, pariah or ghunghat is losing its religious importance. It is becoming one’s choice to live the way they want to live rather than being dictated by religion.
- Changing the pattern of the economy, people are choosing occupations irrespective of religion. Individuals belonging to any religion or caste are now free to do any business with any partner irrespective of religious identities.
- Festivals become more a social affair than religious. Now people celebrate Holi, Diwali etc., not so much for their religious significance, as for their entertainment value.
Indian Society Is Yet To Be Secularised
It has been seen that secularisation in India has largely restricted to the public institutions and has not permeated to the society at large.
- People in our society prefer to vote on caste and religious lines rather than development and employment agendas. General elections at centre and state from the last few years have become the source and destination of communal violence in India.
- Easy Inter-caste and inter-religious marriages are still a distant dream. Honour Killing and intolerance on the religious lines are frequent events in Indian society.
- The mark of a secularized society is having common civil laws equally applicable to all citizens irrespective of any differentiating markers. However, in the absence of uniform civil code as mandated by article 44, today personal laws of various communities are governed by their religious scriptures.
- People are searching religious angles in heinous crimes well; for example, if a rapist belongs to a particular religion then the whole community of that religion is being targeted for his crime.
- Untouchability which has the religious sanction of Hindu texts is still prevalent in the society. Though occupational segregation based on caste is diminishing, even today jobs in the leather industry, burning of dead bodies, carcass clearing of dead animals, manual scavenging is done by people who belong to untouchable sections of Hindu society.
- A 2015 study on patterns on untouchability in India found that 27 per cent of India still practises untouchability, with 30 per cent households in rural and 20 per cent in urban areas despite article 17 and Protection of Civil rights Act, 1955.
- Mob-lynchings are no longer considered as “crimes” if they are being done to “protect” the religion.
- Electronic media/ news channels are running hate propaganda 24 by 7 to earn high TRP, but their irresponsible journalism is affecting the secular social fabric of India.
Secularizing a society is deeply tied to the question of the kind of society that we want. If we want a secular society then that involves a change of mindset, we would have to cease to think of ourselves as identified primarily by religion, caste, or language, and start thinking of ourselves primarily as equal citizens of one nation, both in theory and in practice. This involves mutual obligations between the state and the citizen applicable to all. The relationship of other identities such as religion, caste, language and region, will inevitably become secondary. This is a change Indian society is experiencing in certain aspects. However religion and caste in India are more than primary identities, they are a way of life which dictate our life both in the public and private sphere. Thus true secularization of society will happen only with a change in the mindset of people.
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The Indian legal systems assist and contradict the ideals of secularism. Support: - Guarantees in the Constitution: The Indian Constitution contains a provisions which states that there shall be no bias towards any religion and the state will remain neutral. - Freedom of Religion: The constitution oRead more
The Indian legal systems assist and contradict the ideals of secularism.
Support:
– Guarantees in the Constitution: The Indian Constitution contains a provisions which states that there shall be no bias towards any religion and the state will remain neutral.
– Freedom of Religion: The constitution offers freedom of religion to the citizen where they can practice any religion as per their wish without State intervention. – Uniform Civil Code: Although it has not come into force so far, the Uniform Civil Code aims to provide a common code for all citizens regardless of their religion so that they can practice their secular beliefs.
Undermining:
Religious Laws: There are many issues of bias and discrimination particularly with regard to women as religious textual authorities are the foundation of personal law these days.
-Cynical Politics: Individuals in authority take advantage of the inherent communal sentiments to seek electoral support and destroy the concept of secularism.
-Social Discrimination: Notably, there is social discrimination, particularly religious discrimination, even if there are constitutional provisions against it. This particular type of social discrimination is a clear hindrance towards the realization of secularism.
Legal Reforms, social mobilization, and political neutrality thus become the pressing needs in furthering Secularism.
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