INDIA IS "SECULAR".
INDIANS CAN BE "COMMUNAL"
INDIANS CAN BE "COMMUNAL"
By Anirban Roy, Advocate
1.
Introduction
of the term “Secular” in the Constitution of India by the 42nd
Amendment in 1976 raises an issue? Did India become “Secular” only in
1976?
2.
What is the Dictionary
meaning of the term “Secular”? As per Dictionary, the term “Secular” is a
personal attribute of not being “religious” or “spiritual”. In other words, a person who is an atheist or
agnostic is “Secular”. Thus barring a few, no one in India is “Secular” by its Dictionary
meaning. Anyone who follows Hinduism, Islam or Christianity is not “Secular”.
3.
On the other
hand, Dictionary defines the term “Communal” as something shared or done in a
group. Hindus pray in temples. Muslims pray in mosques. In other words, they indulge
in “Communal” activities !!
4. Thus being
“Secular” is no good certificate and being “Communal” is no bad certificate.
5.
The 42nd
Amendment to the Constitution didn’t use the term “Secular” in its Dictionary
meaning of being “irreligious and unspiritual”. Being “irreligious and
unspiritual” is a personal attribute and a State, which is an artificial
person, cannot be “Secular” in that sense.
6.
As per Dr.
Radhakrishnan, former President, “Secular” India doesn’t mean we reject
relevance of religion or exalt irreligion”. It just means religious
impartiality & no preferential status to any religion.
7.
The meaning
which the 42nd Amendment to the Constitution attributed to term “Secular” was
already reflected in the principles of some of the existing Articles of the
Constitution.
8.
Articles 15
and 16 of the Constitution prohibited discrimination on ground of religion.
Articles 25 to 28 gave right to practice any religion. Articles 14, 19 & 21
of the Constitution, in their own way,
also guaranteed freedom of religion.
9. Thus the concept
of “Secular” India
wasn’t introduced by the 42nd Amendment to the Constitution in 1976. From the
day the Constitution was adopted, India was never a “Hindu Rashtra”. India was
always “Secular”. “Secular” India
is a basic structure of the Constitution since inception. The 42nd Amendment
merely declared an existing position.
10.
More
importantly, we can never change the basic structure of the Constitution and
make India
a “Hindu Rashtra”.
11.
Although India is “Secular”,
the sense in which the term is used in the Constitution can never be extended
to individual Indians. There is no question of individuals Indians being
non-preferential. Accordingly, unless a person is atheist/ agnostic, it is stupid
to call someone “Secular”. A person respecting all religions and who is
favourably disposed towards all religions isn’t “Secular”.
12.
What is
more important is that the laws of India do not enjoin anyone to be “Secular”
in whichever way the term is used. There is nothing wrong per se in being
deeply religious. There is nothing wrong per se in being a strong believer or
proud of one religion. There is nothing wrong per se in not sharing the same
feelings about any other religion or having not too high an opinion about any
other religion. All these do not make one “Non-Secular” or “Communal” in
whichever sense the term is used.
13.
Further
there is nothing wrong in entertaining a myth associated with any religion say
that “Ram Lalla was born at a particular place at Ayodhya. This also does not
make one “Non-Secular” or “Communal” in whichever sense the term is used.
14.
One obviously
cannot deliberately insult another religion or openly outrage the followers of
that religion and so on. These are defined offences.
Anirban Roy
December
03, 2012
Email: anirban@royslawfirm.com
Twitter : @AnirbanFromRLF
Facebook: Anirban FromRlf