Question

India is a non-secular state. Explain the statement.

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Answer 1

Answer:

yes

Explanation:

In practice, unlike Western notions of secularism, India's secularism does not separate religion and state. ... 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..

Answer 2

Answer:

In practice, unlike Western notions of secularism, India's secularism does not separate religion and state. ... 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..

Explanation:

1: Constitutional Discrimination

Article 25 (2) of the constitution calls for providing "social welfare and reform and throwing open of Hindu religious institutions of public character to all classes and sections of Hindus." India’s constitution does not define who or what is a Hindu, but it defines followers of Buddhism, Jainism and Sikhism as Hindus for purposes of Hindu temple entry. Article 25 (2) (b) (Explanation II) states: "the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion…"

Isn’t this the concern of Brahmin establishment to allow or disallow whoever they deem fit to enter a temple? Why should a secular state be concerned with the social welfare of only one religion? The motive of the constitution writers was obvious: to prevent the conversion of Dalits to Christianity or Islam, to "reform" Hinduism to make it palatable to the former untouchables.

The Hindu Marriage Act of 1955 applies to

In other words, legally there is no such thing as a Buddhist, Jain, or Sikh marriage, which is another attempt to deny other religions a distinctive identity and absorb them in the Hindu fold. The Office of the Registrar General that conducts the decennial census enumerates anyone who is not a Christian, Muslim or Parsi as Hindu, most particularly in tribal areas, in pursuance of a policy of Hindu by default to inflate the religious majority.

Article 290A of the Constitution, which was added in 1956, provides for Kerala state funds to be paid for the upkeep of Hindu temples and shrines in the territories of former princely state of Tranvancore. What state but a denominational one would spend government funds to promote a particular religion?

[As an aside, a forest has been destroyed in arguing for a uniform civil code as opposed to Muslim Personal Law and the issue of Haj subsidy. But perhaps I can save those issues for a full discussion at a different time]

2: Legislative Discrimination

Although freedom of religion is granted under the constitution’s Article 25 (1), a Congress government of Madhya Pradesh pioneered anti-conversion legislation during the heyday of Nehru in 1954. Since then as many as 7 state legislatures (Arunachal, Chhattisgarh, Gujarat, Himachal, Orissa, Rajasthan and Tripura) have passed laws severely restricting conversion from Hinduism to other religions while facilitating conversion to Hinduism.

In 1982, when a few hundred Dalits embraced Islam in Meenakshipuram, the central government took measures to curb conversions. No less than Indira Gandhi characterized conversions as a threat to national security.

Christian missions and churches have been under attack since decades, often with state complicity as demonstrated in August-September 2008 in Orissa and Karnataka.

Hundreds of mosques are in illegal possession nationwide including in New Delhi, where scores are occupied by the central government.

It was a Congress government that first locked up the Babari Mosque in 1949 by court order effectively converting it into a Hindu temple. What began under Nehru was successfully completed by Narasimha Rao in 1992 through the Mosque’s destruction under the very nose of army, paramilitary and police. It is ironic that the Indian state is ready to deploy army to flush out Sikh insurgents from Golden Temple and Muslim rebels from Charar-i Sharif, but not protect Babari Mosque from the Hindu mobs’ jack hammers.

The states of Gujarat and UP spent government funds to rebuild the Somanatha Temple around the same time when Babari Mosque was locked up. It was President Rajendra Prasad who inaugurated the rebuilt temple in 1951

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