File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

How much secular our India is?

Can we consider our India as a secular and united nation? Let's figure it out.

The preamble to the constitution of India defines India as a Sovereign, Socialist, Secular,
Democratic, Republic�
. But is the Indian state really secular?

No it is not! The basic concept of secularism is that what is good for one religion is good for other too. But do we really believe that what benefits a Christian, will also prove fruitful for a Sikh, a Muslim and a Hindu. The fraternity - the brotherhood between these religions have now become a thing that look good to talk and think about, but the reality of the present situation begs to differ.

Article 29 of the Constitution protects the interests of the section of citizens with a distinct religious, cultural, or linguistic identity by granting them the right to protect their language, script and culture. It intends to preserve and protect the innate pluralism which makes India the fabled land of diversity. In conjunction with the same, Article 30 empowers the minorities with a right to establish and administer their own educational institution.

But the catch here is that while the protection against discrimination in this article only extends to institutions of minority, it does not says a word for majorities. If one looks back to the drafting history of these provisions, there would be a clear sense of d�j� vu where minority right activists will experience disproportionate influence.

Our India is divided into hundreds and thousands of sects casts and sub �casts that do not yield at all to these impositions of minority, majority divide. Thus the forcing of an artificial definition that is incongruent to reality, kept the country divided along the religious lines as the Britishers intended.

It would be worth considering here that if India is a secular state it implies that it treats all religions equally, but there is no state religion in the Republic in which case making the distinction between one religion and another regardless of the no. of adherence of each makes absolutely no sense, as corollary to this if state insist on making distinction between religions when it comes to funding their institution then, Isn't it in a way admitting adherence to any religious beliefs?

Practically it is not because under Article 28 the state prohibits religious instructions in public institutions but there is also a problem if we categorize our ancient civilization knowledge in any field as religious the modern state severed the umbilical cord of its citizens for their priceless heritage.

There's more to it� Article 27 forbids the tax from being levied on citizens for the promotion or maintenance of any particular religion or religious denomination but if we consider minority affairs ministry sets up yet another scheme for their empowerment then the fund for the same is being taken from the tax payers so while the government does not divert your tax in the service of the religion it still does so but indirectly.

At last there's famous case of only Hindu temples being under governmental control while other religion enjoy complete freedom running their own institution without interference as guaranteed
by Article 26 of the constitution in effect the government and the courts are controlling Hindu temples imposing their own western notions of morality and rationality only on belief and practices.

Article 26 to 30 of the constitution were meant to give religious freedom to country but some articles have been misused and deny that freedom to the vast majority of Indian population.

Written By: Tushar Shukla

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly