Religion-State Interface: Future of Secularism in India

Religion-State Interface: Future of Secularism in India

February 2017                                                                           Laldanmawia

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Introduction

The interface between religion and state has been a serious discuss in India since from its ancient time. Contemporary debate has become mainly in the field of secularism. It becomes crucial when Hindutva movement is stronger and when BJP starts ruling Central Indian government. With the ideology of Hindutva, BJP is implementing religiously charged politics by synthesis of the dominant religion and state authority. In that situation, the future of Indian secularism also becomes critical. This paper deals with these developments: the interface between religion and state and the future of secularism in India.

1. Religion-State Interface: A Historical Overview

Historically, we can find that in India the pattern of interaction between religion and politics/state had varied from time to time. The use of religion for the fulfillment of political ends and aspirations is pervasive throughout its history. From ancient India, Ashoka’s major state policy became the propagation of dharma. In middle age, Muslims rulers in North India adopted Islam as the state religion and the state acquired a theocratic character and they used their religious identity to muster support in order to maintain their political power. In Indian contact with the western imperial powers, religions played important role. In freedom fighting religious slogans and symbols were used. The affinity between religion and politics continued after 1947 also. The interplay had been strengthen when religion based political parties were formed, to be named- Hindu Mahasabha, Ram Rajya Parishad, Jana Sangh (Later Bharatya Janata Party), Indian Union Muslim League, Jamaet-e-Islami, the Catholic Congress of Kerala, the Akali Dal, and many more regional parties would be there.[1] So the interplay between religion and politics has taken deep rooted that could not be washed away easily. 

Secularism in its original form is a separation of religion and state, that is in short irreligious secularism. However in India, secularism is understood differently, as a form of polity that seeks to treat all faiths alike, that is in short equidistant secularism.[2] For long time, there was consensus among Indian elites on the Nehruvian concept of Secularism. But, this consensus broke down when the BJP questioned it and started talking about positive Secularism that is pro-Hindu and anti-Muslim.[3] Then the relationship between religion and state as in Secularism turns to be controversial.

Indian society is not as modern and secular as the western society. While people of the west do not care for religion and religious traditions in their personal matter, in India religion still continues to play a major role in individual and in collective life as well. That kind of collective expression of religion influences our political process. For example various religious and caste groups are making demands for their own share in political power and fruits of economic development on the basis of their religious and caste identity.[4] In that situation, the Indian concept of secularism recognizes the relevance and the validity of religion in life, but seeks to establish a rational synthesis between the legitimate function of religion and the legitimate and expanding functions of the state.[5]

2. Religion-State: Constitutional Relationship

Secularism was introduced in Indian constitution only by the 42^nd Amendment in 1976. Before, the Constituent Assembly used the term prudently at one place in Article 25 (2) (a) to mean non-religious, non-clerical, lay matters leaving the decision on the judiciary as to what is essentially religious and what is not. The term secularism in the Preamble means equality, non-discrimination, equal respect for all religions, etc.[6]

 

However, we have numbers of evident that specify the relationship of religion and state in the Constitution. Article 25, 27 and 28 guarantee religious liberty and meet the conditions specified by features b, c and d. Under Article 25 (1) ‘all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion.’ Under Article 27, ‘no person is compelled to pay taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.’ And under Article 28 (3), ‘no person attending any educational institution… shall be required to take part in any religious instruction or to attend any religious worship that may be conducted in such institution.’ In terms of equality of citizenship, Article 15 (1) states that the state shall not discriminate against any citizen on grounds of religion, race, etc.[7]

 

In line with the Indian Constitutional expression about religion and state, Rajeev Bhargava points out some implications: First, the Constitution rules out theocracy and the establishment of religion. Second, the secularism of Indian Constitution is neither purely procedural nor hyper-substantive, but it is a complex, multivalue doctrine. Third, Indian state is not merely tolerant state. The claim that India has natural and traditional affinity with secularism is just an exaggeration.[8]

The constitutional concept of Indian secularism is religious freedom, which is an expression to convey the sense of freedom of religion, from religion, and constitution norms governing religion-state relationship. To that relationship, Gajendragadkar enunciates secularism, as contemplated by Indian Constitution, is not anti-god or anti-religion. It recognizes that religion has validity and relevance in the lives of many, but it shall not hamper the creation of a new secular social order. He adds that the characteristics of secularism based on constitutional provisions are purely secular concept of religion, no state loyalty to any particular religion, equal freedom for all religions irrelevance of religion in socio-economic problems of citizens.[9]

3. Religion-State Interface in India Today

In dealing with religion-state interface, different principles can be adopted, like (a) Gandhi’s syncretistic principle that drew its resources from different religions that were in vogue in the public sphere, (b) Hindutva principle with its political trajectory, Hindu nationalism that seeks to establish the majority Hindu dominance over the state through its political manifestation, (c) secular principle which is religiously neutral, and (d) separation of religion and politics as a way to realize the ideal of equal liberty and political power for all, govern by tolerance, impartiality and neutrality.[10]

When Asghar Ali Engineer talks about the politics of separation of India and Pakistan, he adds some words,

The Muslim elite tried to base nationalism on religion precisely because it realized that its demand for greater share in political and economic power could not be met within the dispensation of composite nationalism.[11]

Is not this the same policy applied by the present government when they say nationalism and development? They proclaim Hindu nationalism instead of composite nationalism. Sonia Gandhi, who is now the Leader of the India National Congress, launched a scathing attack on the BJP in 2003 when she said, “Secularism has come under the most severe assault in the past few years…That assault continues unabated.”[12] In line with Sonia Gandhi, S.J. Samartha has already a view in such threatening and weakening of the secular character of the state, saying, “The consequences of any weakening of the secular character of the State will be disastrous for inter-religious relationships, particularly to Muslims and Christians.”[13]

Today, we are living in a situation where the Hindutva forces are in an attempt position to capture political power through the instrumentation of the Hindu religion. They propagate Hindu nationalism which is not built on the platform of social justice, but on the well being of the Hindu elites. This will result in the aggravation of the crisis of identity and the misery of the weak and vulnerable, putting them under enormous pressure.[14] As India does not have a separation of state and religion, the way is vastly opened for the state interference in the individual’s religious liberty. Meanwhile the Constitution allow state interference in religious matters in: the financial administration of temples, the admission of Harijans in Hindu temples, the practice of excommunication from religious communities, the modification of religious personal laws, etc.[15]

Under the banner of secularism, India does not have a state religion. This is what the right wing Hindus do not receive well viewing that it denies their right to construe, construct and rule the nation in their own way.[16] When independent India chose Nehruvian path over Gandhian path, politicians did not express their religious belief and affiliation in public.[17] But today the right wings of the state government publicize their faith and belief. This can be a tread to secularism that there is tendency to develop a new doctrine which may be called the ‘Divine Right of the Religious Majority’, that is according to B.R. Ambedkar “to rule the religious and ethno-cultural minorities according to the wishes of the majority.”[18]

In the religion and state interface, separation or disjunction or disconnecting both the realm is undesirable, or even dangerous. In such situation, religion might turn out to be aggressive and violent, and the state might turn out to be authoritarian and repressive.[19] However their inter-link can also be dangerous if we look the present political scenario, because religiously charged political discourse in India under BJP with Hindutva ideology exemplifies the evolution of Hinduism from its most tolerant mode to the most aggressive mode, to authoritarian and despotic.[20] Thus here come questions, what can be the best relationship between state and religion, in a way of separation or interconnection or any other relationship?

If Indian Secularism is “Separation of Religion and State,” can we have the same secularism motif as the West have? Do we need separation? Rajeev Bhargava points out the necessity of separation in four ways: [21]

- Firstly from the value of autonomy, they are powerful institutions that command people’s unqualified allegiance. If they are identical or strongly overlap, it will likely to prevent our autonomy.

- Secondly from equality, separation is necessary in order to prevent the guaranteeing dual membership in two of the institutions.

- Thirdly from democratic point of view, there can be no concentration of power in any one institution or in any one group.

- Fourthly from the value of fully transparent life, it is worthwhile to have life free from illusions and superstitions, as religion as well as state can be condemned to have such falsehood. If our religious and polity are governed by false and obscure dogmas, we might not have life free from illusions.

4. Future of Secularism in India

Indian secularism is trying to balance between various religious practices with some provisions for the protection of the rights of minorities, including religious minorities. However, the emergence of BJP government in Central India in 2014 led to a drastic shift in the nature of secularism, that the present scenario of Indian politics urges us to think for the future secularism. The future of secularism does not seem to be bright in the short run. What would be the future of secularism? Will secularism be demolished from the Constitution? Or it will be redefined? Let us assume that BJP will still capture Central government for the next Election and run the Central till 2020’s, and view in advance what secularism would be in India.

4.1. Redefining Secularism: In the light of Hindutva and their proponents’ effort to redefine the nation, we can see an attempt to redefine secularism also. They start with calling secularism as pseudo-secularism, which means minority appeasement for vote bank politics. And they continue to claim Hindutva is secularism. The next attempt is to project Hindutva as the soul of India.[22] If secularism is Hindutva, the developmental game will be played out in the political arena not within the framework of secularism, but within the Hindutva framework.[23]

4.2. No More Secularism: On January 28, 2015, Shiv Sena leader and Rajya Sabha MP Sanjay Raut said in reply to the opposition’s demand to explain the I&B advertisement of Republic Day which omitted the term secular and socialist in the picture of Preamble, “It may have been done by mistake, but it has honoured the feelings of the residents of this country. These words needs to be deleted permanently,” He welcomed the exclusion of the words-secular and socialist. He added, “From the beginning, people like (Shiv Sena founder) Balasaheb Thackeray and Veer Savarkar have been saying that this country cannot be called a secular nation. The partition of this country happened on the basis of religion. If Pakistan was formed for Muslims, than what remains is of the Hindus. How can we then be called secular? This country is a Hindu state.” [24]

People reacted this incident negatively and positively in Newspapers and social media. One of their excuses is to respect the Original, Un-Amended, Un-Edited preamble to the constitution. But who knows the reality behind. This can be a lightning just before hearing a far thunder! There may be a time when it actually happens.

4.3. Secularism Prevails: It is hard to deny that secularism is a corner stone of Indian political philosophy. The unity and integrity of people and the country is dependent on strengthening its secular underpinnings. It should not be merely a slogan. It has to provide a strong foundation for our unity. But unless we evolve a consensus on the concept of secularism, we may not be successful.[25] Secularism is such an important principle particularly the context of multi-religious India. If secularism is flaming in term of accommodative secularism, rather than irreligious, it can prevail in future. In the context of aggressive and intolerant mode of politics played by Hindutva, it is not desirable to abandon secularism. Not as idealized as the final word, but as an inclusive ideology can ensure plurality as an authentic way of life.[26] Let us hope that secularism still prevails in the near future for the welfare of Indian society as a whole.

Concluding Remarks

Secularism is important for India because it regulates the relation between the State and various religious groups on the principle of equality that the State shall not discriminate against any religion. Otherwise people will be subjected to oppression and denial of their right to freedom of belief. The majority is to be told that it does not have the right to control the country and the Minority is to be assured of equal treatment.[27] However the interface between them can be a problem for the nation. It can be the root cause of some of the bloodiest conflicts in India. In the name of religion or to defend the religious belief, India encounters already different religious and communal conflicts. The constitution provides secularism and all its components that talk about religious freedom and equal treatment to all people by the state. If they are practically followed and obeyed, the religion-state interface would not receive serious questions. However the present scenario of Indian politics turns the interface into different direction, that can lead us to a situation where one cannot enjoy equality and religious freedom.

With regards to secularism and its possible future, if the notion secularism is removed from the Preamble, what would happen? Article 25, 26, 27, 28, 30 (1), (2) and 31 (2) contain the provisions explaining the actual nature and shape of freedom any person, both individually and collectively, is allowed to enjoy with regard to professing, worshipping, teaching, practicing, and propagating any religion both in theory and in practice.[28] These Articles are implemented in the Constitution from the beginning. That means we already enjoy religious freedom even before secularism was applied in the Preamble in the 42^nd Amendment.

Then I would like to conclude the paper with a question, “If we understand secularism mainly in terms of religious freedom or equal treatment of all religion, will the removal of secularism from the Preamble affect our freedom of religion”?

Bibliography

Bharatiya, V. P. Religion-State Relationship and the Constitutional Rights in India. New

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Bhargava. New Delhi: Oxford University Press, 1998.

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[1] T. R. Sharma, “Religion and Politics in India: An Historical Overview” in Religion, State and Politics in India., edited by Moin Shakir (Delhi: Ajanta Publications, 1989), 43-53.

[2] R. Sahayadhas, “Religion-Politics Synthesis: The Future of Secularism in India”, in Religion and Society, 60/1-2 (March – June 2015), 28.

[3] Asghar Ali Engineer, Religion, State & Civil Society (Mumbai: Vikas Adhyayan Kendra, 2005), 2.

[4] Asghar Ali Engineer, Religion, State & Civil Society, 3.

[5]V. P. Bharatiya, Religion-State Relationship and the Constitutional Rights in India (New Delhi: Deep & Deep Publications,1987), 44.

[6] V. P. Bharatiya, Religion-State Relationship and the Constitutional Rights in India, 43.

[7] Rajeev Bhargava, “India’s Secular Constitution” Understanding Contemporary India: Critical Perspective, edited byAchin Vanaik and Rajeev Bhargava (Hyderabad: Orient Blackswan Private Limited, 2010), 25-26.

[8] Rajeev Bhargava, “India’s Secular Constitution”, 27.

[9] V. P. Bharatiya, Religion-State Relationship and the Constitutional Rights in India, 42.

[10] R. Sahayadhas, “Religion-Sate Interface: The Idea of India in a Post-Secular Age” Bangalore Theological Forum, Vol. XLV2 (December 2013), 72.

[11] Asghar Ali Engineer, Religion, State & Civil Society (Mumbai: Vikas Adhyayan Kendra, 2005), 3.

[12] Kunjachan Koshy, “Is Indian Secularism Pseudo?” https://www.academia.edu/2915760/Is_Indian_ Secularism_Pseudo (accessed February 14 2017).

[13] S.J. Samartha, One Christ-Many Religions: Towards a Revised Christology (Bangalore: The South Asia Theological Research Institute (SATHRI), 2000), 26.

[14] R. Sahayadhas, Hindu Nationalism and the Church: Towards an Ecclesiology in Conversation with Martin Luther (New Delhi: Christian World Imprints, 2016), 394.

[15] D. E. Smith, “India as a Secular State” Secularism and Its Critics, edited by Rajeev Bhargava (New Delhi: Oxford University Press, 1998), 213.

[16] R. Sahayadhas, “Religion-State Relationship: Significance of Middle-path in Contemporary India” Bangalore Theological Forum, XLIII/1 (June 2011), 57.

[17] R. Sahayadhas, “Religion-State Relationship:, 67.

[18] R. Sahayadhas, “Religion-State Relationship:, 67.

[19] R. Sahayadhas, “Religion-Sate Interface:, 71.

[20] R. Sahayadhas, “Religion-Sate Interface:, 71.

[21] Rajeev Bhargava, “What is Secularism for?” in Secularism and Its Critics, edited by Rajeev Bhargava (New Delhi: Oxford University Press, 1998), 489.

[22] R. Sahayadhas, “Religion-Politics Synthesis: The Future of Secularism in India”, in Religion and Society, 60/1-2 (March – June 2015), 37.

[23] R. Sahayadhas, “Religion-Politics Synthesis:, 43.

[24] http://indianexpress.com/article/india/politics/shiv-sena-demands-removal-of-secular-from-constitution/ (accessed February 14 2017).

[25] Asghar Ali Engineer, Religion, State & Civil Society, 4.

[26] R. Sahayadhas, “Religion-Politics Synthesis: The Future of Secularism in India”, 42.

[27] Neera Chandhoke, “Why is Secularism Important for India?” in https://casenglishdepartment. wordpress.com/2014/02/15/why-is-secularism-important-for-india/ (accessed February 14 2017).

[28] Krishna Prasad, Religious Freedom under the Indian Constitution (Calcutta: Minerva Associates (Publications) Pvt. Ltd., 1977), 34.