“भारतीय संस्कृति की आधारशिला बहुलवाद (अनेकवाद) है और भारतीय निरपेक्षता का आधार धार्मिक सहिष्णुता है । यह इस विश्वास पर आधारित है कि ईश्वरीय अनुभूति की पूर्णता (सिद्धि) प्राप्त करने के लिए सभी धर्म समान रूप से अच्छे और समर्थ हैं । इस प्रकार, सभी व्यक्तियों को धर्म की स्वतंत्रता का समान अधिकार प्राप्त है परन्तु यह (अधिकार) आत्यन्तिक नहीं है ।" संवैधानिक उपबंधों एवं सुसंगत निर्णयज विधि की सहायता से उपर्युक्त कथन का समालोचनात्मक परीक्षण कीजिए । "Pluralism is the keystone of Indian culture and religious tolerance is the bedrock of Indian Secularism. It is based on the belief that all religions are equally good and efficacious pathways to perfection of God-realisation. Thus, all persons are equally entitled to freedom of religion which is not absolute." Critically examine the above statement with the help of constitutional provisions and relevant case laws.
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Core Legal Answer & Context: The statement accurately encapsulates the essence of Indian secularism and its deep roots in pluralism and religious tolerance. Unlike the Western concept of secularism, which often implies a strict separation between state and religion, Indian secularism adopts a 'positive' approach. It signifies equal respect for all religions (Sarva Dharma Sambhava) and non-discrimination by the state on religious grounds. The Constitution does not merely tolerate all religions but actively protects and promotes them, treating them as equally valid paths to spiritual realization. This pluralistic ethos is fundamental to India's diverse society. However, the crucial caveat is that this freedom is not absolute. It is subject to reasonable restrictions imposed by the state to maintain public order, morality, and health, and for social reform. This allows the state to intervene in religious practices that are detrimental to public welfare or violate fundamental rights, ensuring that religious freedom does not become a license for anarchy or oppression.
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Relevant Statutes and Sections:
- Preamble: Declares India a 'Secular' Republic, inserted by the 42nd Amendment Act, 1976.
- Article 14: Guarantees equality before the law and equal protection of the laws, prohibiting discrimination on grounds of religion.
- Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
- Article 25: Guarantees freedom of conscience and free profession, practice, and propagation of religion, subject to public order, morality, and health, and other fundamental rights.
- Article 26: Guarantees freedom to manage religious affairs, subject to public order, morality, and health.
- Article 27: Prohibits compelling payment of taxes for the promotion of any particular religion.
- Article 28: Prohibits religious instruction in state-funded educational institutions and provides for freedom as to attendance at religious instruction or worship in certain educational institutions.
- Important Landmark Cases:
- S.R. Bommai v. Union of India (1994): The Supreme Court held that secularism is a basic feature of the Constitution. It emphasized that the state must treat all religions equally and cannot favor one over another.
- Kesavananda Bharati v. State of Kerala (1973): Although not directly on secularism, this case established the 'Basic Structure Doctrine,' which includes secularism as an unamendable feature of the Constitution, reinforcing its foundational importance.
- Shayara Bano v. Union of India (2017): The Supreme Court, while striking down instant triple talaq, demonstrated the state's power to intervene in religious practices that violate fundamental rights (like equality and dignity of women), underscoring that religious freedom is not absolute.
- Indian Young Lawyers Association v. State of Kerala (Sabarimala Case) (2018): The Court reiterated that religious practices must conform to constitutional morality and fundamental rights, particularly Article 14 and 17, further illustrating the limitations on religious freedom.
- Clear Conclusion: The statement accurately reflects the constitutional philosophy of India. Indian secularism is a dynamic concept that embraces pluralism and ensures religious freedom for all, while simultaneously empowering the state to regulate religious practices in the interest of public welfare and constitutional values. This delicate balance, upheld by constitutional provisions and judicial pronouncements, is vital for maintaining social harmony and the integrity of the democratic republic.