GS-1:Salient Features of Indian society, Diversity of India

Key phrases: Secularism, Char Dham Devasthanam Management Act

Why in news:

Uttarakhand Chief Minister recently announced the withdrawal of the Char Dham Devasthanam Management Act. The decision will lead to the abolition of Uttarakhand Char Dham Devasthanam Management Board.

Analysis:

What is the Char Dham Devasthanam Management Act?

• The Uttarakhand government in December 2019 had tabled the Uttarakhand Char Dham Shrine Management Bill, 2019. The bill brought the Char Dham of Badrinath, Kedarnath, Gangotri and Yamunotri and 49 other temples under the purview of a proposed shrine board.
• As per the Act, the Chief Minister is the chairman whereas the minister for religious affairs is the vice-chairman of the board. Two MLAs of Gangotri and Yamunotri are members on the board along with the Chief Secretary.
• The decision was taken after receiving a report as well as feedback from different stakeholders including public representatives.

State and Religion (Secularism)

Secularism in basic terms is ‘Separation of Religion and State’. Secularism is akin to the Vedic concept of ‘Dharma Nirapekshata’ i.e. the indifference of the state to religion.

Secularism means:

• Separation of religious institutions from state institutions and a public sphere where religion may participate, but not dominate.
• Freedom to practice one's faith or belief without harming others, or to change it or not have one, according to one's own conscience.
• Equality so that our religious beliefs or lack of them doesn't put any of us at an advantage or a disadvantage.

Constitutional provisions related to Secularism:

• Preamble: The word Secular was added to the Preamble through the 42nd Amendment in 1976. However, the Supreme Court of India in the 1994 case S. R. Bommai v. The Union of India established the fact that India was secular since the formation of the Republic.
• Article 14 grants equality before the law and equal protection of the laws to all.
• Article 15 enlarges the concept of secularism by prohibiting discrimination on grounds of religion, race, caste, sex or place of birth.
• Article 16 (1) guarantees equality of opportunity to all citizens in matters of public employment with no discrimination on the basis of religion, race, caste, sex, descent, place of birth and residence.
• Article 25 provides ‘Freedom of Conscience’, i.e. all persons are equally entitled to freedom of conscience and the right to freely profess, practise and propagate religion.
• Article 26 provides every religious group or individual the right to establish and maintain institutions for religious and charitable purposes and to manage its own affairs in matters of religion.
• Article 27- the state shall not compel any citizen to pay any taxes for the promotion or maintenance of any particular religion or religious institution.
• Article 28 allows educational institutions maintained by different religious groups to impart religious instruction.
• Article 29 and Article 30 provide cultural and educational rights to the minorities.
• Article 51A- Fundamental Duties of the citizen to promote harmony and the spirit of common brotherhood and to value and preserve the rich heritage of our composite culture.

How is Indian Secularism different from Western Secularism?

• In the West, the word secular implies three things: freedom of religion, equal citizenship to each citizen regardless of his or her religion, and the separation of religion and state.
• The state cannot aid any religious institutions.
• Religion is a private matter, not a matter of state policy or law.
• Liberty of the individual is respected along with equality for all.
• Secularism in the Indian context is defined as the peaceful coexistence of all religions without state patronage to any of them. The state is to treat all of them equally.
• Indian Secularism deals with religious freedom of individuals and also with religious freedom of minority communities i.e. individual has the right to profess religion of his /her choice.
• Indian Secularism is also mandated through the Constitution in the form of abolishing untouchability or prohibition of discrimination based on grounds like race, caste, etc.
• Secularism also forms a part of the basic structure of the Indian Constitution. (Keshavanada Bharati judgement)

The existence of secular state is very essential as it keeps a check on the following:

1. One religious community does not dominate another.
2. Some members do not dominate other members of the same religious community.
3. The State does not enforce any particular religion nor does it take away the religious freedom of individuals.

Way forward

It needs to be understood that any state cannot be truly secular with secularism just written in its books. Thus, the complete ideology has to be recognized with grace and implemented equally to all the people.

Source: Indian Express

Prelims question:

Q. With reference to Hagia Sophia which was recently in news, consider the following statements:

1. It is located in Turkey, and was inaugurated as a Greek Orthodox basilica in 360 AD.
2. In its long life, the Hagia Sophia has served as a Roman Catholic church, a mosque and a museum
3. It’s recent conversion from a museum into a church is seen as a symbol of decline of secularism in Turkey.

Which of the statements given above are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

Answer: (a)

Mains question:

Q. The secularism project in India has historically followed an uneven path. Critically comment with special emphasis on the current state of secularism in India. (15 Marks, 250 Words)