A state in a country is changing its ideals from being non secular to being secular. Help them frame the aim of a secular constitution for the State 1 People cannot display religious symbols within their houses 2 State – run institutions display all religious symbols as a sign of equality 3 No one can publish religious text 4 State- run school cannot display religious symbols
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logoSUPPORThomePOLITICS ECONOMY EXTERNAL AFFAIRS SECURITY CULTURE OPINION VIDEO ANALYSIS MEDIA GOVERNMENT WORLD EDITOR'S PICK TOP STORIES LIVE WIRE SCIENCEReligious Imagery on Court Premises Undermines India's SecularismAs the judiciary represents the Indian state, showcasing the symbology of one particular religion in courts amounts to violating the principle of secularismJan 09 2017 | Arya Raje
As the judiciary represents the Indian state, showcasing the symbology of one particular religion in courts is surely wrong.
Ganpati temple within the premises of the Juvenile Justice Board and CWC, Mumbai. Credit: Arya Raje
As you enter the Children’s Home in Dongri, Mumbai, you are greeted with a framed photo of Ganpati. Further ahead, a Ganpati temple occupies a significant area of the premises. This is where all the children who are accused of committing offences in Mumbai are brought, as well as where the Child Welfare Committee functions. Parents and children waiting for their case to be brought up at the Juvenile Justice Board sit on the fence surrounding the temple or the stairs because there is no seating provided for them. Should religious symbols – especially when these symbols are representative of a single religion, be present within a court?
The sessions court in Mumbai also has an idol of Ganpati inside the premises, while various walls carry posters of religious symbols. The family court at Bandra has a small temple structure suspended on a wall, with a Ganesh idol and a figure of Sai Baba housed in it.
India is a secular nation, and the fundamental rights make it a constitutional mandate for the state to not discriminate on the basis of religion. The court is an institution of the state, one where millions of people knock on its doors seeking justice. People accused of crimes are brought before it, victims of crimes and their families go there and a large number of people work in courts as lawyers, court officers, clerks and judges. The doors of the court are open to all those in India who seek justice or are caught in the judicial system, while also being a source of employment to many; the judicial space is one which is inhabited by diverse people.
People sitting on the fence because of a lack of seating space at the JJB and CWC, Mumbai.Credit: Arya Raje
The judiciary is representative of the Indian state, as one of its three arms – and the Indian state claims to be secular. Does showcasing the symbology of one particular religion within a court violate the principle of secularism? We can take a look at some of the debates and discussions in the constituent assembly on the idea of secularism, which not only shaped the concept but also proposed ways in which it could be translated into practice.
As Professor K.T. Shah, a member of the constituent assembly suggested, “The state in India being secular shall have no concern with any religion, creed or profession of faith; and shall observe an attitude of absolute neutrality in all matters relating to the religion of any class of its citizens or other persons in the Union”.
Sessions court, Mumbai. Credit: Arya Raje
Pandit Lakshmi Kanta Maitra elaborated, “By secular State, as I understand it, is meant that the state is not going to make any discrimination whatsoever on the ground of religion or community against any person professing any particular form of religious faith. This means in essence that no particular religion in the State will receive any state patronage whatsoever. The state is not going to establish, patronize or endow any particular religion to the exclusion of or in preference to others…”
Jawaharlal Nehru described the idea of a secular India as, “We are building a free secular state, where every religion and belief has full freedom and equal honour, where every citizen has equal liberty and equal opportunity”.
A secular state, thus, is one which does not endorse any particular religion to the exclusion of others. The state should observe an attitude of neutrality and impartiality towards all religions, as the state is concerned with the relations between humans, and not with the relation between humans and God, which is a relation of individual conscience and personal liberty. No religion can be upheld as the religion of the state.
Religion and jurisprudence in the US
Let us also take a brief look at jurisprudence in the US, which is similar to India in the sense that the state purports to be secular, and has one particular religion which is observed by the majority.
Courts in the US have in several cases considered the legality and constitutionality of placing religious symbols in courts and public places. Most cases in the US arose when counties placed nativity or Christmas-themed displays during the season or displayed the biblical ten commandments within the premises of a courtroom. By and large, these symbols and displays have been struck down because they appear to endorse a particular religion, in this case, Christianity.