INTRODUCTION
Secularism is a principle renowned for defending democracy. Secularism determines the nature of the relationship that exists between the state and religion. The main objective of secularism is to maintain religious neutrality across the state; however, the implementation of this concept is different in various countries.
India and France show a striking contrast in their implementation of the concept of secularism. India is a diverse and pluralistic country that has adopted secularism to maintain communal harmony in the face of significant religious diversity, while France is a Western republic that believes in an assertive form of secularism known as laïcité.
This blog examines the challenges, legal frameworks, historical development and current outcomes of secularism in both India and France.
UNDERSTANDING SECULARISM: ONE CONCEPT, DIFFERENT APPLICATIONS
Fundamentally, secularism is about keeping religion and state separate. This does not mean religion should be out of the public domain. Instead, there is a variety of implementations of secularism, ranging from India’s flexible neutrality to France’s rigid separation of religion and state.
Donald Smith explains secularism as “equality of religion before the state”, rather than rejecting religion itself.[1] While India promotes equal respect and treats all religions equally, it maintains religious harmony, whereas France maintains a strict and rigid wall between state and religion.
FRANCE: LAÏCITÉ AND THE BURDEN OF UNIFORMITY
Historical Background:
The Enlightenment and the French Revolution (1789), in which the state challenged the overwhelming power of the Catholic Church in state affairs, are the foundations of French secularism. The Law on Separation of Churches and State brought a significant change by establishing laïcité and prohibiting the state from recognising and supporting any religion.[2]
Legal Framework and its practice:
Article 1 of the French Constitution of 1958 proclaims France as a “Secular Republic”[3], which established French secularism and the concept of laïcité. The law, Separation of Churches and the State 1905, is the foundation for the state’s commitment towards religious neutrality in public and state affairs.[4] In practice, laïcité restricts religious expression in public places, government buildings and government schools. This led to the making and implementation of controversial laws that hurt people’s religious sentiments, like the 2004 ban on religious symbols in public schools[5] and the 2010 ban on full-face covering like Niqab and Burqa.[6]
Challenges:
The objective of French secularism is to ensure equality, but critics argue that French secularism targets minorities and Muslim communities based on equality. These laws, on the surface, seem to be neutral but exclude Muslims, especially Muslim women, from participation in public life. This forces them to choose between their faith and civil participation in society.
Such laws were challenged by human rights advocates who claim they violate Article 9, which is Freedom of Religion of the ECHR [7]
INDIA: DIVERSITY AS A PILLAR OF SECULARISM
Historical Background:
The concept of secularism in India evolved under colonial rule and the leadership of Mahatma Gandhi and Jawaharlal Nehru. Gandhi believed religion and morality are interlinked and warned against their misuse. On the other hand, Nehru believed in a systematic separation of religion from the state.
The Constitution of India 1950 serves as an agreement of the society regarding religious diversity. The essence of secularism stayed consistent even though the word “secular” was added to the Constitution through the 42nd Amendment (1976).[8]
Legal Framework and its practice:
Indian secularism does not restrict religion completely, but it gives equality to all religions. The state may intervene with the religious reforms and practices if necessary. Such as banning Triple Talaq and untouchability, and many more. The state also provides funds for religious institutions and declares holidays for all major religions.
This is reflected in the key provisions of the Indian Constitution, such as Articles 25 to 28, which talk about freedom of religion, freedom to manage religious affairs, freedom as to payment of taxes for the promotion of any particular religion and freedom of religious instruction in certain educational institutions respectively.[9] Also, Article 14 of the India Constitution talks about equality before law, which prevents discrimination based on religion.[10]
Challenges:
The challenges towards secularism in India are increasing day by day. Due to the rise of majoritarian politics, critics contend that bias towards Hinduism is increasing. This can be seen by cow vigilantism, conflicts regarding temples and mosques, and the Citizenship Amendment Act (CAA), 2019. Rajeev Bhargava, a legal scholar as stated that secularism in India is a vulnerable instrument used by the political parties for their gains. For gaining votes, they could pacify minorities or encourage the majority communities to practice their beliefs.[11]
The communal riots that took place from Gujarat in 2002 to Delhi in 2020 show the failure of the religious neutrality of the state and decrease the trust of the society and communities in the government.
INDIA VS. FRANCE: THEIR DIFFERENCES
Aspect | France | India |
Model | Strict separation of religion and state. | Equal importance for all religions. |
State Intervention | No state intervention and no funding or support by the state. | The state supports all religions, including minorities. |
Focus | Individual rights and uniformity | Community and Diversity |
Challenge | Accusation of Islamophobia | Rise of communal politics |
THE GLOBAL CHALLENGES OF SECULARISM
Both France and India are experiencing a crisis of secularism, but in different forms. In France, laïcité is being misused against the minorities, particularly because of the rise of terrorist attacks. The Islamic community is frequently excluded despite over 5 million citizens are Muslims. In India, secularism is challenged due to majoritarian politics, where political parties are increasing their power by using people’s religious sentiments for their gains.
The concept of secularism is changing in both countries due to media polarisation, globalisation and populism. There was never a conflict before between individual liberties and national identity.
CONCLUSION
The concept of secularism is dynamic. Its effectiveness in multicultural societies depends upon its nature of flexibility. The French model of secularism requires cultural sensitivity, especially in a post-colonial world where exclusion promotes radicalisation. India’s model of secularism must restore its true nature of neutrality instead of undermining the constitutional values. To promote religious freedom and prevent one religion from dominating others or the state, both countries must strive towards secularism. As Amartya Sen said, “Secularism should be judged not by the denial of religion, but by the celebration of diversity.”[12]
Author(s) Name: Madanu Hamsika Mary (Mahindra University)
References:
[1]Smith DE, India As a Secular State (Princeton University Press, 2019)
[2] Baubérot J, “Sécularisation, Laïcité, Laïcisation” (2013) n° 90 Empan 31
[3] Constitution of France 1958, art 1
[4] Guerlac O, “The Separation of Church and State in France” (1908) 23 Political Science Quarterly
[5] French Law No. 2004-228 Banning the Wearing of Conspicuous Religious Attire 2004
[6] French Law No. 2010-1192 of 11 October 2010
[7] European Convention on Human Rights 1953, art 9
[8] The Constitution (Forty-second Amendment) Act, 1976
[9] Constitution of India 1950, art 25-28
[10] Constitution of India 1950, art 14
[11] Bhargava R, The Promise of India’s Secular Democracy (Oxford University Press, USA, 2010)
[12] Sen A, The Argumentative Indian: Writings on Indian History, Culture and Identity (Farrar, Straus and Giroux 2013)
