What are the strategies used by government to stay away with secularism
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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 "minorities and pluralism". Critics claim the Indian form of secularism as "pseudo-secularism".[2][12] Supporters state 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.[13][7] Critics state that India's acceptance of Sharia and religious laws violates the principle of Equality before the law.
The 7th schedule of Indian constitution places religious institutions, charities and trusts into so-called Concurrent List, which means that both the central government of India, and various state governments in India can make their own laws about religious institutions, charities and trusts. If there is a conflict between central government enacted law and state government law, then the central government law prevails. This principle of overlap, rather than separation of religion and state in India was further recognised in a series of constitutional amendments starting with Article 290 in 1956, to the addition of word 'secular' to the Preamble of Indian Constitution in 1975.[10][3]
The central and state governments of India finance and manage religious buildings and infrastructure. Above, the inauguration of National Waqf Development Corporation Limited in 2014 for Waqf properties.[33]
The overlap of religion and state, through Concurrent List structure, has given various religions in India, state support to religious schools and personal laws. This state intervention while resonant with the dictates of each religion, are unequal and conflicting. For example, a 1951 Religious and Charitable Endowment Indian law allows state governments to forcibly take over, own and operate Hindu temples,[34] and collect revenue from offerings and redistribute that revenue to any non-temple purposes including maintenance of religious institutions opposed to the temple;[35] Indian law also allows Islamic religious schools to receive partial financial support from state and central government of India, to offer religious indoctrination, if the school agrees that the student has an option to opt out from religious indoctrination if he or she so asks, and that the school will not discriminate any student based on religion, race or other grounds. Educational institutions wholly owned and operated by government may not impart religious indoctrination, but religious sects and endowments may open their own school, impart religious indoctrination and have a right to partial state financial assistance.[3]
In matters of personal law, such as acceptable age of marriage for girls, female circumcision, polygamy, divorce and inheritance, Indian law permits each religious group to implement their religious law if the religion so dictates, otherwise the state laws apply. In terms of religions of India with significant populations, only Islam has religious laws in form of sharia which India allows as Muslim Personal Law.[36]
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