How does the Indian state work in various ways to enforce secularism?
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Secularism in India means equal treatment of all religions by the state.
With the 42nd Amendment of the Constitution of India enacted in 1976,[1] 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.[2][3] 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 Hindus, Christians, Sikhs Muslim Indians live under common law. The attempt to respect equal, religious law has created a number of issues in India such as acceptability of child marriage,[4] polygamy, unequal inheritance rights, extrajudicial unilateral divorce rights favorable to some males, and conflicting interpretations of religious books.[5][6]
Secularism as practiced in India, with its marked differences with Western practice of secularism, is a controversial topic in India. Supporters of the Indian concept of secularism claim it respects a Muslim person's religious rights and recognises that they are culturally different from Indians of other religions. 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, something that is unacceptable to Muslim Indians.[7][8] Opponents argue that India's acceptance of Sharia and religious laws violates the principle of equal human rights, discriminates against Muslim women, allows unelected religious personalities to interpret religious laws, and creates plurality of unequal citizenship; they suggest India should move towards separating religion and state.[9][10]
Secularism is a divisive, politically charged topic in India.[10][11]
Secularism is a word which has its origin in western countries and relates to the separation of the church from the state.
With the 42nd Amendment of the Constitution of India enacted in 1976,[1] 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.[2][3] 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 Hindus, Christians, Sikhs Muslim Indians live under common law. The attempt to respect equal, religious law has created a number of issues in India such as acceptability of child marriage,[4] polygamy, unequal inheritance rights, extrajudicial unilateral divorce rights favorable to some males, and conflicting interpretations of religious books.[5][6]
Secularism as practiced in India, with its marked differences with Western practice of secularism, is a controversial topic in India. Supporters of the Indian concept of secularism claim it respects a Muslim person's religious rights and recognises that they are culturally different from Indians of other religions. 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, something that is unacceptable to Muslim Indians.[7][8] Opponents argue that India's acceptance of Sharia and religious laws violates the principle of equal human rights, discriminates against Muslim women, allows unelected religious personalities to interpret religious laws, and creates plurality of unequal citizenship; they suggest India should move towards separating religion and state.[9][10]
Secularism is a divisive, politically charged topic in India.[10][11]
Secularism is a word which has its origin in western countries and relates to the separation of the church from the state.
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13
The Indian Constitution orders that the Indian State be secular.
A Secular State is one in which the state does not officially promote any one religion as the state religion.
The objectives of the Indian constitution that advocates secularism are…
One religious community should not dominate another.
Some members of a religious community should not dominate other members of the same religious community.
The State should not enforce any particular religion nor take away the religious freedom of individuals.
The Indian State works in various ways to prevent the domination of one religious community.
The State uses the Strategies of…
Strategy of Distancing Itself from Religion.
The Indian State is not ruled by a religious group
It does not support any one religion.
Law courts, police stations, government schools and offices are not supposed to display or promote any one religion.
Government schools are not permitted to celebrate religious festivals, as students from different religious communities will be studying in the School. Government schools cannot promote any one religion either in their morning prayers. Most religious festivals are a public holiday so that every one can celebrate religious festivals according to their religious beliefs.
Strategy of Non-interference.
The State makes certain exceptions for particular religious communities in order to respect the sentiments of all religions and not interfere with religious practices.
A Sikh with His Turban
According to the Sikh religious belief, their men folk are required to wear a turban. The state does not interfere with this religious practice of the Sikhs. In accordance with the strategy of non-interference the Sikhs are exempted from wearing a helmet when they ride a 2 wheeler, even if wearing a helmet is a law.
Strategy of Intervention.
The State intervenes in religion in order to end a social practice that it believes discriminates and excludes members of the same religion.
The State intervenes to establish laws relating to equal inheritance rights, in the religion-based ‘personal laws’ of communities.
The state also intervenes in the form of support. The Indian Constitution grants the right to religious communities to set up their own schools and colleges. It also gives them financial aid on a non-preferential basis.
In order to prevent the discrimination of the so-called lower caste Hindus by the so-called upper caste Hindus the government has abolished "untouchability".
Fundamental Rights
Right to Equality
Article-17: Abolition of Untouchability
"Untouchability" is abolished and its
practice in any form is forbidden.
The enforcement of any disability
rising out of "Untouchability"
shall be an offence punishable
in accordance with law.
A Secular State is one in which the state does not officially promote any one religion as the state religion.
The objectives of the Indian constitution that advocates secularism are…
One religious community should not dominate another.
Some members of a religious community should not dominate other members of the same religious community.
The State should not enforce any particular religion nor take away the religious freedom of individuals.
The Indian State works in various ways to prevent the domination of one religious community.
The State uses the Strategies of…
Strategy of Distancing Itself from Religion.
The Indian State is not ruled by a religious group
It does not support any one religion.
Law courts, police stations, government schools and offices are not supposed to display or promote any one religion.
Government schools are not permitted to celebrate religious festivals, as students from different religious communities will be studying in the School. Government schools cannot promote any one religion either in their morning prayers. Most religious festivals are a public holiday so that every one can celebrate religious festivals according to their religious beliefs.
Strategy of Non-interference.
The State makes certain exceptions for particular religious communities in order to respect the sentiments of all religions and not interfere with religious practices.
A Sikh with His Turban
According to the Sikh religious belief, their men folk are required to wear a turban. The state does not interfere with this religious practice of the Sikhs. In accordance with the strategy of non-interference the Sikhs are exempted from wearing a helmet when they ride a 2 wheeler, even if wearing a helmet is a law.
Strategy of Intervention.
The State intervenes in religion in order to end a social practice that it believes discriminates and excludes members of the same religion.
The State intervenes to establish laws relating to equal inheritance rights, in the religion-based ‘personal laws’ of communities.
The state also intervenes in the form of support. The Indian Constitution grants the right to religious communities to set up their own schools and colleges. It also gives them financial aid on a non-preferential basis.
In order to prevent the discrimination of the so-called lower caste Hindus by the so-called upper caste Hindus the government has abolished "untouchability".
Fundamental Rights
Right to Equality
Article-17: Abolition of Untouchability
"Untouchability" is abolished and its
practice in any form is forbidden.
The enforcement of any disability
rising out of "Untouchability"
shall be an offence punishable
in accordance with law.
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