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Authored By: Dr. Sheetal Thakur, Assistant Professor, School of Law, Maharaja Agrasen University, Baddi, Himachal Pradesh,

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1. ABSTRACT:

“The concept of Secularism implies, first of all ethics should be focused exclusively on the humanity in the current life. Second, it should be solely called as a secular in education. The term “secularism” is the conviction that faith or belief should be autonomous of state morals. The Multicultural perspective of the concept of the secularism means that Nehru and Gandhiji are primary exponents of ideology of the secularism to accept all belief rather than reject one faith. The soul of Faith is one, but it is a different type, according to Gandhian perspective. Nehru also said the ideology of the Secularism means that there is no belief on the comforts and irrespective of it emphasizes focuses on the Global approach of spiritual beliefs which are attaining by different ways.[1] According to Gandhiji, the exact struggle in nation is not about between disturbance the Hindu & Muslim religion but between these two-conquering religion of the present age. His ideology of the “secularism” was attached with the philosophy of the society.[2] The concept of the Secularism means indifference towards the faith. The ideology of “Secularism” is belief that have globe understand to the supernatural ideal. For making the different of the society there is very need of the ideology of the Secularism. In Present, our belief is infected with the collectivism. In Indian culture, where main religious are Hinduism and Islam, the faith plays the significant role. The belief is blended in the people blood.  India was acknowledged as a country and a continuous before the Indian Independence. When the constitution of India issue of drafting arose, the vital feature of constitution was considered to be religious in the nature. It suggests to the introduction and explicitly stated India as the secular, socialist, and sovereign and republic in language of preamble itself”.

2.1 INTRODUCTION:

The origin of the concept of secularism can be traced to the political condition of the eighteen centuries in the European state. The word secularism was invented by Holyoake but in the context of the dispute between Church and State. It was through this dispute that the fields of the spiritual officials were delimited & that led to the evolution of the beliefs connected with the concept of the secularism that is the Religious liberty, tolerance, a democratic concept in the Indian state. It would briefly trace the history regarding the conflict between Church and State in West. The question of the connection with religion arose with the concept of secularism and difference with the moral belief that given however to the God. In 313 A.D.,[3] Christians were refusing to recognize the divinity[4]. It created as the State religion of the Roman’s with the transformation to the Christianity. The Christian religion had declared the right to believe which became intolerant to the freedom of religions. While this close alliance which resulted to the acceptance of the religion that had interdict. On the different side, it led to conflicts between the Pope Emperor& and the conflicting by the State and the Church through theory that laid down in 496 A.D. This theory establishes dualism with respect to sphere[5] while preserving the spiritual power.

Over next decades, the disputes between the state and religion were persistent. It was a manifestation of interest’s conflict for example, the Pope had appointed as the Emperor but the emperor himself named his son as the successor. The period after the empires of the Frankish empire led to the disintegration and was marked by the moral decline. The decline of such beliefs also impacted the concept of the religion. With the appointment of the Popes a reforming trend started within the Church. The main goal of the reform was to emancipate the authority as a result of which arose the dispute in the whole world. The issue revolved around the role of the power in the Bishop choice.[6] This concept involved a significant decline in temporal power. With the vast authority, the Church pre assume the roles of supernatural power. In Roman Empire, it played a crucial part as the Pope and he had to crown the king. The state-church conflict for the supremacy continued throughout the ancient Ages. The Church’s power was strengthened by the dispute between the Emperor of the Roman as well as King of the Papacy and culminating former’s deposition in 1270 A.D.[7] this dispute took a huge twist between Pope and King over the taxation of the clergy. The Church stayed influential despite the win. In the Middle Ages, the concept of religious freedom was unknown. The church saw it as its obligation to force belief. In the medieval age the great scholar of natural school Augustine thoughts about the apostasy as a crime and death penalty should be imposed for crime have prevailed. Some of the rulers tried to restrict the Papal authority over the Church in the country and also restrict the Church’s power regarding the religious freedom in the country.

The Church itself suffered from misuse that led to the sixteen century Protestant transformation under the Calvin. As of such power, Calvin assaulted the Catholic power. He championed the religion subordination to the State and also tended to view the concept of religion an essential element of state. But he did not put any fresh concept of liberty of the religion. He also supported that as reality and the imposition of the uniformity of religion because the judiciary had obligation to avoid such divisions. The Protestant wing emphasized the autonomy of the Church and advocated a policy against irreligious legislation in support of the beliefs. It gave to the favor and significantly contributed to complicating the religious disputes of the sixteenth centuries.[8] The state of Geneva was theocratic in nature. The principle during the reformation was “cujusreligio”. Even during the time of the Reformation, the minorities were forced to the nations that professed their religion.[9]

The church was considered greater than the state even until the medieval period. The concept of Freedom of religion was rejected in the seventeen centuries. Sir Thomas advocated the persecution of the heretics. It is not only for preservation of the religion but also for the cohesion of society in the country.[10] However, the Reformation’s fundamental principles such that the right to rebel against the established power and also examine the truths of the concept of the religion  and the concept of a direct connection between God & human being and also the need for mediation by church contributed to higher religious freedom. The Reformation also gave the king, chance to assert the independence from any internal power whether spiritual or not and to work regarding the concept of religious freedom.[11] The Henry VIII rebelled against power of the Church to establish the Church of England and assuming at time the title of’ the belief. The presence of the religious minorities in England also had effect of the conception of citizenship not depend upon the religious belief. The Toleration was also highlighted in the seventeen centuries by the Bodin. With the origin of the enlightenment in the sixteen century the scholars such as Locke, Hobbes, Plato represented the attempt to build the picture of the whole universe on the basis of the established knowledge and emphasized on the values.

The Renaissance wise scholars were influenced by the development of the science and the investigation. The origin and the growth of religious concepts is if the freedom were a move in the direction of the ideology of the secularism. Hegel & Immanuel Kant supported the enlightenment in the nineteen century and leading to the enhanced rationalism and decreasing the dogma. To reconstruct the State on grounds of the doctrines of thinkers of the Enlightenment, In 1789, based on the dogma of the sovereignty and coupled with creation of the nation that led in deprivation of church that remains of the supremacy while at same moment allowing the State to control the affairs of Enlightenment.[12] The “Napoleon” also proved this by refusing to be crowned rather than performing the ceremony. A wide approach in the matters of state policy became the predominant factor.

Thus, the Bentham utilitarian was the promoters of the concept of the secularism. All of this allowed the environment for the secularism to be established. The concept of the Secularism arose in 20^th century particularly in “Holyoake” works. However, the philosophy of secularization was not restricted for liberty of religion. The imposition of religion on individuals in the Twentieth century was useful to them. Therefore, religion was often rejected. In France, the revolution years were characterized by apostasy persecution. However, with the development of science the religious intolerance decreased and the notion of a secular state gained. The Revolution resulted to secular state order being established afterwards the Karl Marx advocated the view that religion based on his teachings and the Soviet Revolution had an anti-religious. The issue remains in the different forms and has been addressed in unique manner by State in accordance with its history. The idea and practice of the ideology secularism in India as it has developed independence evoked discussion. Before addressing the significant issues that threaten the philosophy of secularism in the Indian state and it would be establish structure on the grounds of which debate will continue in the research.

Examining the differences in the ideology of secularism would be appropriate and the Secularism was interpreted differently as notion. On the one Side, the word the secular has been contrasted with the spiritual as opposed to the mundane and on the other side it is interpreted as a condition over period of time. The term secularism differs from a rightly anti-religious definition of the philosophy of secularism to the indifference in religious beliefs to equal consideration for religious. The Britannica describes the ideology of secularism in terms of the separation of government from faith. The notion of secularism during the 19th century was affirmation of Western objectives and urges. They were, in turn, the result of the Renaissance that affirmed 19th-century dignity and liberalism; Gorge expressed in his contemporary the concept of secularism. The Secularism is the notion that independently from the religion should exists the government. The Holyoake invented the word of “secularism”. It was considered as alternative to the atheism by the proponent and also defined on the human factors which are designed for those who find insufficient & unreliable. Secularism constitutes a sphere purged from the supernatural; between religion and secularism there is autonomy. The concept of secularism is defined as the movement to establish with the aim of providing a theory of conduct with its background in the state of the European state and also in the philosophy of the utilitarian without regard to religion. There is therefore a common or significance of the ideology of the secularism in that it includes the rejection of the religion and it also stands as distinct from and is not related to the spiritual matters. The concept of the Secularism is the supernatural power between the religion and secularism and the term Secularism expresses the threat of the religion. The objective of the secularism is to freedom from the tyranny of the religion.[13]

2.2.1 THE DEFINITION OF THE TERM “SECULAR”, “SECULARIZATION’” & “SECULARISM”:

Today, both the Indian and world level are as misuse and misunderstood as the concept of the secularism and the other words of frequent use. It is thought that the West is the cradle of this idea. But as we quickly see the concept of secularism is defined in dictionaries as something intervene to the concept of the religion and something that has nothing to do with the God or any supernatural thing. In order to have a great mark against which compare to the Indian version and it is vital to identify the concept of secularism before introducing the case of the secularism. It would, of course, be appropriate to briefly notice the meaning of the word ‘secular’ and ‘secularism’ before considering the topic under discussion. The term is a Renaissance and post-Renaissance product and has not always meant the same to all individuals. As I am going to show at the moment, it is sufficient for our study to understand the word secularism as meaning something that is opposed to religion. This means that the state treats all individuals equally irrespective of any religious faith and without complete indiscrimination. The concept of Secularism means that everybody in front of the law is deemed to be treated equal. Its origin can be traced to the Western perspective of the globe. Therefore, to appreciate the connotation and its significance, it is essential to know its philosophical basis. It would be appropriate to notice the meaning of the term “secularism”. The philosophy of the Secularism is the same as hat lost its initial size because it assumes size of the head. Hence, in the distinct individual views, its entire significance is hard to understand. It was viewed from the various points of perspective by the philosophy, ethics and the religion. The concept of the “Secularism” is this decade word and watchword. It has also demonstrated to be of political science like the democracy.

2.2.1.1 MEANING OF THE WORD “SECULAR ”&“SECULARIZATION”:

The term Secular means not related to the religious belief. In this context, it is likely to say that many of us live in the secular nations where the justification of power is a completely “secular state” in which religion is present but the religion occupies a distinct position in the way of life and also consistent with sense that all religion is present. In other words, you participate in politics in our secular societies without encountering the God. The term “secular” originates from the term “saeclum” meaning and the spirit. It has significance as the Greek used in the new era.[14] The dispute between religious belief & reason is backdrop to the creation of the ideology of the concept of the secularism and emerged in medieval era.[15] Traditionally the secularism is related to the significant procedures in the Europe as orientation towards the globe. The French notion linked to state & religion separation and sometimes expressed by the britishers and translated by the words “secularism” and “secularization”. Sometimes the French concept is described as not equivalent to English and it is comparable to the definition of the concept of secularism but is not vague as the term. With the word “secular” the term “secularization” appears. Strictly speaking, the term secularization implies transferring to the civil or ownership. And the term Secularization is method in which religion ceases to be factor of the cohesion and of explanation becoming a choice. The ideology of the “Secularization” means needs no application, according to the Roy. It would be appropriate to say that religion has been made liberty of faith under the law system. Religious’ interpretation as a matter of decision contributes to comprehension of the religion as a matter of liberty. However, this view contributes to the privatization of religion.

• The Oxford Dictionary describes “Secular” only concerns the affairs of the world, not the sacred. The Social Sciences Dictionary has identified three uses of the term secular, referring firstly to the worldly versus the spiritual, and secondly to the sacred, and thirdly to the conditions that continue over time. As in 1817 coined the term “secularism” while publishing the secular doctrine. This term is credited to Holyoake by the Oxford English Dictionary. The notion of secularism is the doctrine that morality should be centered on human well-being to the exclusion of all.
• The Encyclopedia Britannica has described the Significances of the words of the secular, first as referring to what lasts a long time, and secondly as referring to religious matters.[16]
• The American law Dictionary characterized as the term “secular” as an arrangement of a political or social manner of thinking that rejects all kinds of religious beliefs and believes that government-funded training and various prevalent strategic problems should be addressed without a religious component being presented.[17]
• The International Dictionary of Webster, the term “secular” implies related to the worldly as differentiated from the eternal belief and related to the concept of the secularism and also defines it as a scheme of the morality based on doctrine that norms and behavior should be determined in the society that solely with regard to the social well-being without any reference.[18]

2.2.1.2 DEFINITION OF THE TERM “SECULARISM”:

The word “secularism” is the doctrine that morality should be based on humanity’s well-being to the exclusion of faith-derived variables. The word “secularism” is described as something that concerns the term’s affairs and something that is not monastic on a worldly level. The word secularism is religious truth and is contrary to religious education. The concept of “Secularism” must imply a strategy that deals with affairs of this term and does not consider anything open to the question. It is not about the teachings of the Church. It questions arisen regarding the foundation of the faith and insists factors of spirit should not govern the stuff of the body. This world’s affairs must be ordered as to truth and not by the specific doctrines.[19]

• According to the Fontana Dictionary Thought, The word secularism means rejection of religion after secularization and describes the ideology of secularism and rationalism aimed at generating morality on a utilitarian basis. It also defines the word secularism as the doctrine that should be based on humanity’s well-being, excluding all variables derived from God’s faith. The Oxford Dictionary, which discusses secularism in the same manner, also follows the notion.
• According to Religious Knowledge’s Encyclopedia, the term “Secularism” is the atheistic movement. It explains that the ethical ideal was utilitarian and its dogmatic position was negative and the divine governance of world. At the time, this position was absolute denial but rather one confidence.
• Social Sciences Encyclopedia also describe That, if the word ‘secularism’ is an attempt to generate a sphere of knowledge of the supernatural and its origins, it should be traced back to the Middle Ages of Europe. The distinction drawn by scholastic faith while leaving room for theology was capable of evolving into a kind of philosophical subject matter that placed its emphasis on the truths of reason and a broad category that served not all physical understanding but God’s knowledge.[20]
• According to the Bonheoffer, the term Secularism involves on this world rather than belief of the supernatural things believe on the freedom rather than the respect and also talk about maturity.
• According to Wilfred Smith, it stated that the term secularism is means the “secular state” is a form of the state as to hold & deserve the warm allegiance of any citizen of the religion.
• According to the Hackman, The word ‘secularism’ implies a life lived in full indifference to God and religious values. The same opinion has gained more strength.[21]

The Social Science Encyclopedia also explains that the word secularism related to the removal from morality of society in the religious values. Society institutions were legalized not by the religions belief but by the secular ideological doctrines. It was enlightenment concept that gave the crucial through the concept of secularism. The primary ideology that the society should be established by investigating the universal nature of life is at the profound root of the notion of “secularism.” Other scholars who explained the other sides of secularism have also been mentioned in the encyclopedia. Such as:

• The philosophy of the social organization to the religious values based upon the beliefs in the society
• The authority of the principles is autonomous of the religious values was made for economic and social managements.
• Despite the concept of secularism is deep rooted in the culture ideology of the country that has taken power around the world in the manner of the religious affairs.

Let us also enumerate the concepts that arise from the debate so far that are important to understand are as follows:

• The word ‘ secularism ‘ is an educational scheme that believes religion to have no role in the daily lifestyle issues
• The concept of the culture when it achieved on the ground of the utilitarian.
• The concept of the secular society is the main concept that threatens its members to revolve custom belief considered as the important in the society.

The word “secularism” implies as an effort on the part of the community to modernize belief in the society, therefore a strategy of not being interpreted, the ideology of the secularism is movement of thought aimed at improving the welfare on ethical basis. The Western atmosphere of the 20^th century supported development of the motion. This notion has been assimilated in philosophical thinking and assumed connotations of beliefs.

2.2.2 THE PRINCIPLE OF THE CONCEPT OF “SECULARISM”:

The term Secularism vital ideal is to seek enhancement through material means. It also argues that such means are more important because they are autonomous and in themselves secured end. The Encyclopedia has been defined as a religious system based on the ideal of the natural morality &independent of revealed religion.[22] The notion of “secularism” was developed at a time when religion’s relation was beginning to be seen as those of sharp limitation. It also guaranteed life’s independence and can be attempted by reason. It also regarded that the secular personality was similar to that of arithmetic and science. It would therefore be appropriate to establish the theory of secularism and welfare on comparable lines as well as to include science advice. The connection of the concept of the secularism to religion was in like manner characterized as totally unrelated as opposed to antagonistic. The Philosophy of the secularism pronounces to decipher the obscure word. The concept of Secularism is completely unconcerned with that world. Gorge says that the concept of Secularism identifies with the present individual and to the activities and the question of which the experience of life can be attempted; and again, the word secularism indicates the ethical obligation of the thought-concluded person. The term “secularism” is intended to regulate matters by human factors. The quotations are obviously so important and are definitely a better expression of the perspective of most secularists. It rejects all control over the practical matter from the ideology. It also addresses the known universe interpreted by experience and offers no perspective of the notion of existence. Neither the atheism in the secularist system nor experience proves it. To the extent that Christianity is moral and has with it the term “secularism,” but it also provides the basis for autonomous morality of all Christian beliefs and will appeal to those who for various reasons are dissatisfied with theology. It also claims that it is possible to achieve morality and based on it. The word “secularism” emphasizes that construction can be accomplished without reference to the architect who constructed it. Unless  it interferes with happiness faith. The word “secularism” is the content that can be lost.

The ideology of the term “Secularism” stated in the Indian context and the popular connotations equal regard for all the beliefs and the second is as neutrality as opposed to the faith or separating the arena of the spiritual value and the term Secularism maybe considered as a philosophical notion that tries to maintain the state. A study shows that some basic values or the concept of the “secularism” elements that enable to classify an Indian state as secular. Few of elements may sufficient to hold the principle of the term of “secular”. For example, that there is no separation of state & religion between the UK and yet it perceived as secular itself. On the other hand, Russia was ill-religious and could not be characterized as secular because there was no religious liberty. The Smith also relates to the three sets of relationships regarding the individual’s state and religious freedom that are seen in the making of the secular Ideology State such as:

• Religious freedom
• The concept of the citizenship.
• The separation of State from the religion.

The concept of “Secularism” is seen merely in the context of the spiritual values. Thus, the separation of the state & religion is widely acknowledged element of the concept of the secularism with the fundamental premise that each is restricted to its arena. This is the necessarily means that the State will not perform the religious tasks nor the State impose any religion restriction on its subject matter and such separation does not indicate that the concept of the secularism as ill religion. The arenas are different and their connection is described as exclusive rather than hostile. The Religious freedom includes an individual right to profess any religion without State intervention that is the Individual religious liberty. The right of people to make the associations for the religious reasons is the harmony with the religion’s individual liberty. In the United Nations, on the elimination of all religion or discrimination, the importance of religious liberty is also recognized. The freedom of religion also involves the study of freedom of religion. This also requires liberty of speech.[23]

The Freedom of Thought & Consciousness idea is that the individual’s right to think for himself is also implicit in freedom of faith, and that further implies the right to differ on religious issues and the right to express it. As mentioned in the Encyclopedia that the concept of the “secularism” affirms the right to discuss all the essential issues and such as frequently held the views on the duty to the presence of the God, and the power of conscience, etc this calls for the liberty of speech. The concept of the Freedom of the thought entails the tolerance of thoughts that may clash with the ideology.[24] Furthermore, the notion of “secularism” includes equal protection of fundamental rights for women regardless of the religion idea. The concept of the “Secularism” not be feasible as long as the parts of the population especially females are deprived of fundamental rights. When nearly 50% basic rights are denied to a population and religious refusal becomes the phrase ‘ secularism.[25]The principle of the term secularism is the striving for the enhancement through the material means. This is regarded by the Religion and Ethics as an important ideology of the secularism because it is independently and in them is sufficient to secure the end.

The concept of the secularism defines that the parts of the term “secularism” is the due knowledge. The Religious freedom and   democratic ideology of the equality, freedom of speech& expression and the academic etc This is where the State is not connected to any religion, but maintains religion and guarantees and safeguards fundamental rights regardless of religion. It is stated that there is culture according to which the concept of the secularism does not dispute with the religion freedom but all the religions are equally respected in the entire sphere. It is also explained that all the different modes of the religion in the “Rome” were equally true by people and equally wrong by the philosophers and equally useful by the judge. Similarly, before independence administrators recognized the ideology of the secularism as scrupulous impartiality in treating the law with respect to the even-handed operation. The policy was to keep the balance across the distinct groups

2.2.3 SECULARISM AND THE CONCEPT OF SECULAR STATE:

The notion of “secular government” does not give its people any religious belief, nor does it force them to exercise any religious value. When applied to all state affairs, the word “secularism” is considered a secular state. Such type of government is irreligious and it has no religion of the state which is completely different to all religious followed in their lives by the people. It also gives every person the liberty to follow any religion and freedom of religion in all the religious faith irrespective of the discrimination in the society. It does not force to encourage religion belief by giving the taxes for its practice or profess. If the person chooses to renounce the religion belief and adopt another religion in shortly if he wants to convert in to the other he will be free to do. The “secular state” guarantees individual the concept of the freedom of religion. A secular state does not imply anti-religious state but it implies that it will stay neutral in the state affairs. The state has no religion of its own that is it encourage religion &interfere with none. The concept of the “Secularism” represents equal freedom for all without discrimination on the basis of the faith. Such separation does not involve its delineation in the religion matter in the globe. The concept of the “secular state” is a state that ensures liberty of religion for individuals and the all living elements of the society. It sees that the person as citizen regardless of religion is that it is not constitutionally linked to religion and also providing guarantee of the ideology of religious freedom for all individuals and subject to the restrictions in the interests of the morality. In addition to the modern concept of the society the constitution is intended the majority excess. some would argue that the democracy of the state does not respect the majority[26]and others would argue that only democracy can guarantee to its citizens  and prevent the rise of the monarchy. According to the majority rule, the minorities could be suppressed in the society particularly those recognized as less in the minorities and who can hardly become a majority.[27] Therefore, a fundamental argument is that the constitutions are very essential to allow people and minorities to enjoy a decent standard of life with the concept of religious freedom which is a great immunity to them in the society. As mentioned above, the concept of the democracy means conducting fair elections in the state and the concept of the independent judiciary as expressed in the Indian constitution, transparent legislators, free press and the civil society.[28]Some of these democracies also provide the electorate with additional systems. The notion of freedom is a prevalent, important-based doctrine that is motivated by concern. In the ordinary course of time, the interests of the individuals cannot be acknowledged. The politics is the properly about the aggregation of the interests which earlier determined under aspect of the Constitutional law. The secular society, in which all members of community confess to belief and will not have any, recognized state religion. Apostasy is not punished by the society. In democracy, the notion of citizenship does not depend on certain religion. Religion is not a citizenship element. In many countries today, this principle is recognized. It is well accepted that the government cannot penalize people within the jurisdiction in a democracy. It is established that people appreciate the concept of the liberty in democratic state to express their religious opinions without fear civic disability. It is also recognized that the democracies are unable to compel to practice any belief to perform the religious in the society. The democratic society takes on the significance for the demarcation between the state and the arena of private nature in order to differentiate between state and the religion in the society.

Democracy for the great purposes and the citizens should not be prevented from exercising their belief and the state should not interfere with the citizens religious institutions. Any liberal constitutional view places limitations on what public activity can and should regulate, including religious activity, of course. It can be concluded that religion in liberal democracy is a personal affair. And people should be free to believe and practice what they like, of course, because due to liberty they may not make religion an affair.

2.3 ORIGIN OF THE CONCEPT OF SECULARISM IN INDIA:

The concept of Indian secularism as the context of equivalent respect to all cultures was not founded on 1950 and its history did not even start on 1950. It precedes India’s written history. It is the characteristic of this religious conviction as mentioned in the Vedas whose dates even today are debated. The Hindu culture is philosophy and not dictatorship. The rights of constitutional legislation and the injunction against the Indian State to support or nationalize any religion are not the creation of the Constitution but the result of centuries of harmonious working of the Indian mind, which is wholly the Hindu. The Constitution simply declared the Hindus belief that every religion is holy and there is no need to prefer any religion or faith. Even the soul of an ill religious is as precious as the soul of the believers. It is centered on the Hindu perspective of every natural being. Whole earth was under the influence of distinct religions until Marx proclamation that religion is the people. Religion has been and is still holy to many of the individuals of India and above all other matters. But not only has the religion entered the loop of everywhere, Indian history produces the Hindu loop and fabric.[29] “Hindus had texts that defined the social bond between individual and individual as well as between man and God, not only but others. While an individual is impressed with the fear and mystery of the unknown that surrounds him.

2.3.1 THE CONCEPT “SECULARISM” IN THE ANCIENT PERIOD:

It is thought that the concept of secularism has originated with accuracy from an earlier study of the historical advancement. As seen, secularism does not mean a division of religion and state alone. An idea of secularism includes numerous other elements such as liberty of religion, a civic notion of citizenship, the preservation of human rights irrespective of cultural factors. On grounds of such analysis of concept of the secularism, the traditional context in India is investigated in this level. The Indian State was portrayed by blend of faith, equality and liberty of belief. As per the Ancient Hindu texts “Bhagavat Gita” affirms that whatever manner people connect with me, I fulfill their aspirations in the same manner; people follow my direction, I create that trust permanent in whatever shape any devotee with trust.[30] Overall, the ancient Indian State was neither priestly nor totalitarian or civil. As the Western States experienced, the state had never been controlled by religion, perhaps because no defined religious institution like the Church in the West ever existed. The King’s role in the creation of cultural power and the priest in the personification, although that difference was itself focused on religious expectations as divinely caste system.

2.3.2 THE CONCEPT OF SECULARISM IN THE MEDIEVAL PERIOD:

The medieval times witnessed both extremes in religious sector, liberalism as well as fanaticism. During Akbar the Indian state witnessed liberalism whereas during the time of Aurangzeb fanaticism was on heights. But at the same time the both regimes were neither so absolute, as neither nor fanatic was adopted by all the subjects. Akbar was a secular ruler. He was a tolerant ruler and this can be marked from his promulgation of Divine Faith and his idea of the ‘Ibadat’ where the scholars from amongst Brahmins had the religious discussion in the society[31]. All these steps taken by Akbar depict his secular vision. Not only secularism was promoted by Akbar but also by Babur. As Deccan wars were costing him high so, to strengthen economy he re-imposed jiziy tax. And the political reason behind this was that Aurangzeb’s son Bahadur signed a treaty for throne against his brother of Mewar in1682 and agreed to abolish jiziya[32]. Religion had never dictated state policies even during medieval times. The policies were always based on politics and economy of the times. This fact is evident from few features of Muslim rule which are played upon by communal historian like destruction and plundering of temples. It is a common assumption that Muslims destroy temples because they were against idol worship but there is another side of the coin too. From the history it is evident that even the Hindu kings have plundered and destroyed the temples too.

2.3.3 CONCEPT OF SECULARISM IN MODERN INDIA:

Then comes the new era of British rule where the meaning of secularism was different. We can say that British policies provided historical basis for secularism in India. These policies combined three different roles: Commercial objective of British Government, Traditional Aspect of India and Pressure from Christen missionaries. The policy of religious neutrality allowed them to refrain from interference in social customs and traditions of people. But they were not absolutely following religious neutrality as it is evident from their certain acts like abolition of Sati by William castes disability removal act, Wood’s education dispatch of 1855 for secular education. The secular education allowed the nation to Unit as well as helped to acquire Western Idea of liberalism, scientific enquiry, Nationalism etc. Another polices like modification and codification of law, introduction of concept of rule of law, principle of equality before law and uniform criminal law were the various steps towards secularism. On the other hand, the partition of Bengal 1906, separate electorate under Indian counsel Act, 1909, Government of India Act 1919, Ramsay communal award 1932 that provided separate electorate for minorities became the basis for Govt. of India Act, 1935[33]. Thus, they followed the policy of “divide and rule” which paved an away for anti-secular thoughts. The only motive behind such acts was to safe guard their own political position in India and to keep the national freedom struggle fragmented. Thus, British served both sides of the coin and played a dodgy strategy to safeguard their own interests whether it be commercial or political.

2.3.4 THE CONCEPT OF MULTI-CULTURISM IN INDIA:

Culture is an integral part of secularism. Both are complementary to each other. The question arises is that what is the nature of India culture. Is it Hindu or Composite? What is its significance in concept of secularism in India?. So, in order to enquire about secularism in India it is important to have good knowledge about Indian Culture[34].What is a culture? Smith defines it as Culture is a collective name for the human group’s material, cultural, religious and artistic accomplishment, including traditions, customs and patterns of behavior, all unified by common convictions and values. Values are an important component of culture and offer its distinctive tone and quality. Different geographical areas have different culture, and then what is nature of Indian culture?  It can be explained in two different views. The first view is of BJP, which equates Indian culture synonymous to Hinduism and finds non-Hindu aspects as Taint. Sharma claims that Indian culture is Hindu culture[35], Kanayalal claims that some fake secularists have introduced the concept of composite nation. The other view is opposite to the previous one. This view accepts Indian culture as a composite culture enriched with different religions and traditions. Gandhiji too accepted Indian culture as fusion of various streams. Culture is ever changing and ever evolving concept. If we look back from Ancient times till today Indian culture has been evolving. Ancient history gives the proofs that how the invaders came to India and finally absorbed into Hindu Society. And in pre-Vedic times how nature and mother goddess were worshiped. The Aryans then introduced new gods, patriarchy and matrilineal family system. Thus, the Ancient Indian outlook provides the basis of secularism in Indian culture. Moving on to later Vedic age will caste system crystallized and in order to oppose that Buddhism a Jainism came with the concept of Humanity, equality and non-violence finally instilling the secularism in Indian society. Islam has no less influence and contribution in Indian culture in a way of language, architecture, miniature paintings etc. The influence of Persia is evident from the forts, palaces, tombs constructed in North India. Indian culture has a touch of British culture too. The secular education, representative Government, desire for equality and technological development and most importantly our constitution is all influenced by British culture. So, we can say that there is nothing like pure culture but a bag of contributions made by different communities or civilizations at different times. Hence, Indian culture is also embedded with spirit of tolerance, co-existence and religious freedom. Till now we talked about evolution of composite culture of Indian state but what about the relationship between culture, politic and democracy. Hussain observes “democracy as a very good instrument to survive in the new world having large number of religious and linguistic, regional and ethic identities”[36].

2.3.5 INDIAN NATIONAL MOVEMENT:

The basic ideology that derived national movement was secularism but it was not free from the religious touch. The movement started with idea of secularism but slowly the idea of religion creped in to assist the politics. Thus, the seed of secularism was sowed to bear the fruit of free secular India but unfortunately our leaders nurtured it with the pesticides of politics that contain the religion as an underline ingredient than the fertilizer of just nationalism. Thus, though growth of freedom was trigged but it bore the fruits of communalism and separatism. The Britishers were opportunists; they used these communalism and separatism to stay in power. The concept of separatism and communalism was more popular during the national movement than the basic motive of secularism. Understanding of this trend from secularism to communalism and separatism is essential to know the post independent India. The socio-religious reform movements formed the basis of secularism in India Still these were not fully accepted as these were socio- religious and evils found solution in the religion. Hence these movements were confined to certain community which in turn strengthened separatist tendencies.[37]The initial phase of national movements had witnessed the interlinking of secularism and nationalism against imperialism. For an instance, during 1957 Mutiny Hindu Muslim Unity was evident. Another instance of secularism was formation of Indian National Congress in 1885 whose membership and president were not based on religion. But the next phase when there was split between moderates and extremists, the element of religions came into the struggle of freedom. Both the wings had different ideology. There are instances when extremists brought in religion for mass mobilization like Tilak used Shivaji festivals for mass mobilization, Patel stressed that goal of every Hindu is to consolidate as sects into Hindu Nation [38]. However, Gandhiji said that those who say that politics and religions are separate they probably do not the meaning of region. Where on one side Gandhi was promoting unity on the other side Hindu revivalism   was taking place under the canopy of nationalism. Various communal organizations like RSS, Hindu took birth. Thus, the alienation of Muslims and concept of separatism began. Jinna had warned Gandhiji even during Khilafat movement to not to encourage among the Muslim religious leader and their followers[39]. In the meantime, these discontinuous communal acts of leaders did not affect the society. The society remained isolated from the effect of communalism. Hence, two trends were visible one was communalism and other was immingled society. In spite of all this communalism never over shadowed secularism. This is evident from Madras session of Indian National Congress in 1927 where resolution for freedom of religion was passed. Another example of secularism was set by Nehru report in 1929 which proposed fundamental rights and freedom of consciences and free profession and practice of religion and provision of reservation, that was adopted in 1932 Karachi session. In 1933, congress, in its Bombay session laid emphasis on protection of minorities, their rights, culture, script and language. Thus, 1947 was the year of victory but by also of tragedy too. Though we got independence but also witnessed the blood bath. Thus, on the cost of partition we got modern secular Indian republic providing liberty and equality to all its citizens.

2.3.6 DIFFERENT OPINIONS REGARDING SECULARISM:

• Gandhian opinion of secularism:

Gandhiji was highly religious person and he respected all the religions. According to him all the religions are centrally focused on just two things Brotherhood and peace. Gandhiji defined secularism as Sarva Dharma sambhav that is equal tolerance for all the religions. Gandhiji was in favour of all religions but none of them should supersede the other. All should be kept equal. Gandhiji upheld the view that the state and religion are separate where religion is a personal affair of everyone and state has nothing to do with it. According to him state should be secular and work towards the welfare of the people. No doubt Gandhiji mixed politics and religion that can be witnessed during non-co-operation movement. He tried to make Hindu Muslim bond strong. But we cannot understand the Gandhiji’s philosophy till we have Hindu Muslim unity. It has been 73 years and Indian is still finding ways to separate religion from politics. Thus, Gandhiji dared to dream impossible though he was aware of wide gap between Hindus and Muslims. He thus, said that there is need for tolerance among Hindu and Muslims [40]

• Nehru opinion on secularism:

Where Gandhi advocated Dharm Sambhav, Nehru upheld Dharam Nirapekshta. He was of view that there should be neutrality towards religion. Jawaharlal Nehru defined the concept of the secular as state matter of Gandhiji.

• Justice PB Gajendragadkar:

Justice PB Gajendragadkar, former CJI is of view that, those constitution makers, intentionally left the use of words “secular” and “secularism” in constitution. He believes they have done so in order to prevent the anti-religious temperament connected with secularism doctrine. The constitution makers, according to him, were aware that how the doctrine of secularism in Christian countries had made the religion irrelevant. So, knowingly they left out the use of word “secular” and “secularism”[41]

• Views of Upendra Baxi:

In his views Indian constitution implies:-

1. State has no religion
2. No religion shall be promoted by using public finance
3. Any economic, financial activity related to religious practices can be regulated by the state.
4. The Hindu religious institution of government nature can be left open for social welfare and reforms by law, as well as for all Hindus classes and sections.
5. Every person should have freedom of conscience and religion.

• Views of PM Narinder Modi:

Modi gave new definition of secularism. He says that no religion or ideology is above the country. According to him secularism is- keeping the country above everything. He gives the slogan “India first”. He appeals to every Indian citizen that whatever you do, where ever you go India should be your top priority.

2.4 IMPORTANCE OF THE CONCEPT OF SECULARISM:

For a country to function properly this is important point to be notice. There will be more religious community residing in almost all nations. There will probably be one group within these religious organizations that is in a majority. If this majority group has access to state authority, then these economic resources could be used to discriminate against the people of other religions. This monarchy could lead to the discrimination and sometimes the killing of the minorities. The majority could prohibit them from practicing their religious belief. Any type of religious domination violates the freedoms that the society ensures to the citizen regardless of religion values. Therefore, the community monarchy and the resulting violation of fundamental freedoms is the reason why distinguishing the state and religion in societies is crucial. The reason for separating religion from the nation is essential in societies because we need to safeguard the liberty of people to the religion and to adopt religion. The Secularism idea is an ideology involving the proposals. The first is the religious division of the country. The second ideology is that in the eyes of the law individuals are equal in the religions and values.

2.4.1 SEPARATION OF THE RELIGION:

Religion and state partition from each other is the basis of secularism. It also guarantees that the religious organizations are not intervening in the state affairs and the religious matters. There are 2 acknowledged denominations in the country of England & the Scotland. The Queen is both the Church of the UK Head of State. There is no church in the Wales but the in UK there are 16 non-elected influence legislation of the country. The religion of the Christian is the significant that form lifestyles in which we in a country of many cultures and the huge sections of the population do not hold religious affairs. The UK was a secular by the religion from state and would represent the reality of times.

2.4.2 SECULARISM PROTECTS THE INDIVIDUALS:

Secularism aims at ensuring and protecting all citizens’ liberty of religious belief and exercise. Secularism is not about curtailing religious liberties; it is about making sure that freedoms of thought and conscience apply equally to all Christians as well as to non-believers. The concept of the Secularism aims for preserving all the citizens.[42] The concept of the Secularism is not infringing the religious liberties and it is also making sure that liberty of conscience applies equally to all  the individuals in the society and it did not matter that they profess the belief or not.

2.4.3. RELIGIOUS FREEDOM:

The ideology of the “Secularism” also defends the liberty of the religion and to preserve the right of the religious faith and it does not affect the other people’ liberties. The term “Secularism” guarantees that people’s right to the religious freedom is secured by the religious freedom.

2.4.4 SECULARISM IS ABOUT THE DEMOCRACY:

All people are equal in eyes of law and the legislature in the democracy. No faith offers benefits and religious believers are the citizens with rights. The concept of the Secularism promotes basic rights above the religious requirements. It also upholds that equality legislation to preserve females and the weaker section of the society. These are legislation ensure that have the common rights.

2.4.5 EQUALITY IN THE PUBLIC SERVICES:

It is important that services are secular in the nature that nobody refuses on the basis of religious values. The government aided schools should be irreligious in nature with the students educated irrespective of religion of their father and mother. When a public grant the contract to the association which associated with a specific faith then such duty must provide in secure way without the effort to encourage the thought.[43]

2.4.6 THE RELIGIOUS FREEDOM ALSO PROTECTS THE FREEDOM OF SPEECH & EXPRESSION:

The individuals have the right to express their views, but those who oppose those challenge them. Religious thoughts and association should not privilege protected from the right to liberty of speech and expression. All views need to be open for the debate in the country. The ideology of the term Secularism is the greatest opportunity to build community where individuals can live peacefully. Two fundamental proposals involve the philosophy of the secularism as the constitutional principle. The first is that the individuals from the distinct faiths of the society in the eyes of the law of the government. The second is that cannot be mixed up. It also follows that on the grounds of religion there is neither discrimination nor the religious ambitions.

2.5. CONCLUSION:

The Constitution safeguards about the secularism and no discrimination against anybody on the basis of faith of religion from the politics. There is more than one community residing in almost all nations. There will be probably one group within the religious organizations that is in the high number of rates in the society. If this high number of the individual group has access to state authority then this power could be used to discriminate the people of the religions. This monarchy in the community’s greater individual prices could lead to coercion and sometimes even the killing of the society’s weaker segment. The greater amount of people might prevent the weaker from practicing their religious faith. Any type of religious-based domination is an infringement of the correct culture provided to each person regardless of their belief in religion. Most & the resulting breach of fundamental rights is why it is vital to the country’s separation of state and religious communities. Another example that it is essential to separate because the society is need to preserve the freedom of citizen from the values of the religion and also ensures the religion beliefs.

Cite this article as:

Dr. Sheetal Thakur, “Historical Evolution of the Concept of Secularism In India”, Vol.4 & Issue 3, Law Audience Journal (e-ISSN: 2581-6705), Pages 62 to 85 (8^th October 2022), available at https://www.lawaudience.com/historical-evolution-of-the-concept-of-secularism-in-india/.

Footnotes & References:

[1] VN Shukla, The Constitution Of India 28-29 (Eastern Book Company, Lucknow, 2016)

[2]Ibid.

[3] Z. Sidney, Church & state Through Centuries, 46 (Burns and Oates publishing, London, 1954).

[4]Ibid.

[5] North Cott, Religious Freedom in the State, 25 (SCM Press, London, 1948)

[6]Ibid.

[7]W.D.J. Thompson, The Two Kingdoms, 44-45 (C.A. Watts & Co. Ltd., London, 1966)

[8] Sidney Z. Ehler, The Secular Belief in the State, 25 ( Oxford publishing press, London, 1966)

[9] Kenny Anthony, Reason And Religion, 170 (Basil Blackwell publishing, London, 1987)

[10]G.D.Ruggiero,“ReligiousFreedom”,13 ESS 241 (1945)

[11]D. E. Smith, India as a Secular State, 3-8 (Princeton University Press, Bombay, 1963)

[12] P.E. Glasner, “The Secularism Is A Myth”, 46 EPW 12 (1990)

[13]G.J. Holyoke, The Origin and Nature of Secularism, 41 (Oxford Publication press, London, 1986)

[14] TN Madan, “Secularism & Intellectuals”, 26 EPW 89 (1994)

[15]Ibid.

[16]Available at: https://www.britannica.com/topic/secularism ( visited on May 29,2019)

[17]M.V Kamath, “Role of Religion in Secular State” main Stream 37 ESS 9 (1989)

[18] Available at: https://www.merriam-webster.com/dictionary/secularism ( visited on May 29, 2019)

[19]UpendraBaxi, The Philosophy of Secularism, 29 (Oxford University Press, Delhi, 2002)

[20] Adam keeper, “ The Religious Faith”, 23 IJL 26 (1978)

[21]GG Hickman, “Religion in Modern Life”, 22 EPW 283 (1957)

[22] Available at; https://www.britannica.com/topic/new-religious-movement (visited on July 2, 2019).

[23]RakeshSinha, Secular India : Politics of Minority, 23( Vitasta  Publishing Pvt. Ltd, New Delhi, 2004)

[24]John Rawls, A Theory of Justice, 29 (Oxford Univ. Press, London, 1976).

[25] Eric Sen, “Church and State Through the Centuries”, 22 EPW 4-5 (1954).

[26] Patrick Dunleavy, The Politics of Liberal Democracy, 85 (The Macmillan Press Ltd, London, 1998)

[27]R. Egen, “The Democratic Character of Judicial Review”, 66 HLR 195 (1952)

[28]  Available at : www.spiritus_temporis.com/liberal_democracy/open_society.html (visited on 7th June, 2022)

[29]ShabnamTejani, Indian Secularism: Social & Intellect History, 134 (Indiana university press, Bloomington, 2008)

[30] S.D. Sharma, “Secularism in the Indian Ethos”, 37 BJI 20 1990

[31]H.G. Rawlison, India: A Short Cultural History, 307 (Praeger Inc., New York, 1954),

[32]Asghar  Ali  Engineer,  “Islam and Hinduism:  Conflict  or Confluence?”, 27 Mainstream 28 (1989).

[33]Manvinder Kaur, Challenges to the Secularism in India, 189 ( Deep & Deep Publication, New Delhi, 1999)

[34]Rajni Kothari, “Politics and the People: In Search of a Human India”, 2 ILI 372 (1989)

[35]Krishan Kant, “The Curse of Composite Culture”, The Sunday Tribune August 30, 1987

[36]Sayed Husain, The National Culture of India,3 (National Book Trust, New Delhi, 1978)

[37] HM Seervai, The Constitutional Law in India : A Critical Commentary 45 ( central book publishing, New Delhi, 2003)

[38] B.G. Tilak, Continuity and Change in Indian Politics, 96 (People’s Pub. House, New Delhi, 1996)

[39]Bipan Chandra, Nationalism and Colonialism in Politics in India, 79 (Orient Longman, New Delhi, 1979)          

[40]Sumantra Bose, Secular State-Religious Politics, 79 (Cambridge University Press, Delhi, 2018)

[41]P.B. Gajendragadkar, Secularism and the Constitution of India, 52 ( University of Bombay, Bombay, 1970)

[42] JN Pandey, Constitutional Law of India, 69 ( Central Law Agency, New Delhi, 2007)

[43]Arun K Thiruvengadam, Constitution of India: A Contextual Analysis, ( Hart Publishing, London, 2017)