Explain the provision that makes india a secular state?
Secularism in India means equal treatment of all religions by the state.
With the 42nd Amendment of the Constitution of India enacted in 1976, the Preamble to the Constitution asserted that India is a secular nation. However, neither India's constitution nor its laws define the relationship between religion and state. The laws implicitly require the state and its institutions to recognise and accept all religions, enforce parliamentary laws instead of religious laws, and respect pluralism. India does not have an official state religion. In matters of law in modern India, however, the applicable code of law is unequal, and India's personal laws - on matters such as marriage, divorce, inheritance, alimony - varies with an individual's religion. Muslim Indians have Sharia-based Muslim Personal Law, while Hindu, Christian and Sikh Indians live under common law. It is further complicated by the fact that many Hindu temples of great religious significance are administered and managed by the Indian government. The attempt to respect unequal, religious law has created a number of issues in India such as acceptability of child marriage, polygamy, unequal inheritance rights, extra judicial unilateral divorce rights favorable to some males, and conflicting interpretations of religious books.
Secularism as practiced in India, with its marked differences with Western practice of secularism, is a controversial topic in India. See also pseudo-secularism Supporters of the Indian concept of secularism claim it respects. Supporters of this form of secularism claim that any attempt to introduce a uniform civil code, that is equal laws for every citizen irrespective of his or her religion, would impose majoritarian Hindu sensibilities and ideals. Opponents argue that India's acceptance of Sharia and religious laws violates the principle of Equality before the law.
Secularism is a politically charged topic in India and often divides political factions.While there are many secular political parties which enjoy widespread support especially in Kerala, there are also parties that advocate the idea of India as a country for only one religious community. Complaints have been raised from different factions that secularism has been selectively applied in policy to suppress opposing religious views.
Explain the provision that makes india a secular state?
The Provision that makes India a Secular State
India, as a nation, is known for its diverse cultural, religious, and linguistic backgrounds. To ensure equality and promote religious harmony among its citizens, the framers of the Indian Constitution incorporated provisions that declare India as a secular state. The concept of secularism is enshrined in various articles of the Indian Constitution, providing a framework for the country's governance.
1. Preamble:
The Preamble of the Indian Constitution serves as the introductory statement that outlines the fundamental values and objectives of the nation. It states that India is a "sovereign socialist secular democratic republic," emphasizing the secular nature of the state.
2. Article 25:
Article 25 of the Indian Constitution guarantees the freedom of religion to all citizens. It allows individuals the right to profess, practice, and propagate any religion of their choice. This provision ensures that the state does not favor or discriminate against any particular religion, treating all religions equally.
3. Article 26:
Article 26 protects the right of religious denominations or any section thereof to manage their religious affairs. It grants them autonomy in matters of religious practices, rituals, and administration. This provision ensures that religious communities have the freedom to govern their own religious institutions without interference from the state.
4. Article 27:
Article 27 prevents the state from levying any tax specifically for promoting or maintaining any particular religion. It ensures that public funds are not utilized for the promotion or propagation of any religion, safeguarding the secular nature of the state.
5. Article 28:
Article 28 ensures that religious instruction is not provided in any educational institution wholly maintained by the state. It allows religious instruction to be imparted in educational institutions run by religious minority communities but ensures that it is optional and not forced upon students belonging to other religions.
6. Article 29:
Article 29 protects the cultural and educational rights of religious and linguistic minorities. It ensures that these communities have the right to conserve their distinct language, script, and culture. This provision promotes the inclusion of various religious and linguistic groups, contributing to India's secular fabric.
7. Article 44:
Article 44, though not enforceable by any court, directs the state to endeavor to secure a uniform civil code for its citizens. This provision aims to unify personal laws related to marriage, divorce, inheritance, and other civil matters across different religious communities, thereby promoting equality and secularism.
Conclusion:
The provision that makes India a secular state is a crucial aspect of its constitutional framework. Through various articles, the Indian Constitution ensures the freedom of religion, protects the rights of religious communities, and promotes equality and harmony among its diverse population. These provisions collectively reinforce the secular character of India, allowing individuals to practice and profess their religion without fear of discrimination or bias.
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