Question

Secularism does not simply mean separation of state from religion. Justify with examples.

Answer 1

Instructions: Give a brief context of what secularism is along with a brief introduction to article 15 and articles 25 to 28 in the context of freedom of religion. Explain the aspects of positive secularism with the help of an example.

Solution:

• In India, the first face of Secularism is reflected in the Preamble of India where the word ‘Secular’ is written.
• Indian secularism is also reflected in its fundamental rights. Article 15 prohibits discrimination against any Indian citizen on the grounds of religion.
• Articles 25-28 guarantee each of its citizens the right to practise any religion of their choice.
• Secularism goes beyond the separation of state and religion. The Indian Constitution offers ‘positive secularism’ which recognizes all religions as true.
• The concept of positive secularism refers to a state that plays an enabling role. The Indian government can intervene in religious matters to promote harmony and enhance the freedom of a community.
• For example - The Muslim Women (Protection of Rights on Marriage) Act, 2019 was passed by the Indian Parliament as a law to make instant triple talaq a criminal offense. Triple talaq undermined numerous women’s rights.
• The act is an example of positive secularism as the state intervened in religious matters to the enhancement of women’s rights.