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Unit-3 Religion and Politics Notes | BA Hons Political Science Semester 5

Writer's picture: Krati SahuKrati Sahu

Updated: Dec 24, 2024

Introduction

Religion has played a central role in shaping India's social, political, and cultural landscape. With a vast diversity of religions, including Hinduism, Islam, Christianity, Sikhism, Buddhism, and Jainism, India's religious complexity influences not only cultural practices but also political dynamics. This diversity has both united and divided communities, particularly in the context of political discourse and identity.



Religion and its Role in India

  • Religious Diversity: India is home to several major world religions, creating a complex and vibrant religious landscape.

  • Hinduism: The largest religion (79.8% of the population), with deep philosophical and cultural significance.

  • Islam: Accounts for 14.2% of the population, with a significant influence on Indian culture, architecture, and cuisine.

  • Christianity: Representing about 2.3%, with historical roots dating back to St. Thomas' arrival in 52 CE, especially prevalent in Kerala and Goa.

  • Sikhism: Originating in Punjab in the 15th century, contributing significantly to India’s political, social, and cultural identity.

  • Buddhism and Jainism: Both originating in India, shaping the country’s ethical and philosophical frameworks, though with smaller populations today.

  • Festivals and Traditions: Festivals like Diwali, Eid, Christmas, and Baisakhi are celebrated across communities, fostering unity despite religious diversity.



Communalism in British India

  • Communalism refers to the ideology where religious communities prioritize their own political interests, leading to division and conflict between different groups.

  • Emerged due to British colonial policies that exacerbated religious divisions:

    • Partition of Bengal (1905): Divided Bengal along religious lines, exacerbating Hindu-Muslim animosity.

    • Separate Electorates (1909): Institutionalized communal identities by providing separate electorates for religious communities.

    • Communal Award (1932): Granted separate electorates for Muslims, Sikhs, Dalits, and other communities, further deepening religious divisions.



History of Communalism and Partition of India

  • Sir Syed Ahmed Khan: Played a pivotal role in advocating for Muslim rights and political empowerment, influencing the formation of the All-India Muslim League.

  • Formation of the Muslim League (1906): Focused on safeguarding Muslim rights and aligning politically with the British to secure Muslim interests.

  • Two-Nation Theory: Proposed by leaders like Muhammad Iqbal and Muhammad Ali Jinnah, asserting that Hindus and Muslims were distinct nations.

  • Lahore Resolution (1940): Formalized the demand for a separate Muslim state, leading to the creation of Pakistan.

  • Partition of India (1947): The British decision to divide India into India and Pakistan, creating Hindu-majority India and Muslim-majority Pakistan.

    • Communal Violence: Partition led to severe communal violence, mass displacement, and a high death toll.

    • Migration Crisis: Over 15 million people were displaced, with Hindus and Sikhs fleeing to India and Muslims migrating to Pakistan.

    • Death Toll: An estimated 200,000 people were killed due to partition-related violence.

    • Massacres and Brutality: Widespread killings, looting, arson, and sexual violence during the migration process.



Secularism in India: Key Concepts and Debates

Secularism in Ancient India

  • Dharma Nirapekshata: In ancient Indian philosophy, secularism can be understood through the concept of 'Dharma Nirapekshata', which refers to the indifference of the state to religion. This concept does not mandate a strict separation of religion from governance but encourages a neutral stance towards religious matters.

  • Sarva Dharma Sambhava: The Vedic principle of 'Sarva Dharma Sambhava' translates to "all paths lead to the same destination" and reflects India's inherent respect for religious diversity.


Secularism in Modern India

  • Influence of the Freedom Movement: Indian secularism gained strength during the freedom struggle, despite the British colonial policy of divide and rule. Leaders like Mahatma Gandhi, Jawaharlal Nehru, and others emphasized the need for unity in diversity, fostering a secular ethos.

  • Nehru Committee (1928): The Nehru Committee draft included provisions promoting secularism, such as the declaration that there should be no state religion and that the state should not endow any religion with preferential treatment.



Secularism in the Indian Constitution

  • Preamble and Constitutional Amendments: The term 'Secular' was officially added to the Preamble of the Indian Constitution by the 42nd Amendment in 1976. The Constitution reflects India’s secular ethos by ensuring equality before the law and the freedom to practice, propagate, and profess any religion.

  • Articles Supporting Secularism:

    • Article 14: Equality before law and equal protection.

    • Article 15: Prohibits discrimination based on religion, race, caste, sex, or place of birth.

    • Article 25: Freedom of conscience and the right to freely practice religion.

    • Article 29 and 30: Cultural and educational rights for minorities.

    • Article 51A: Fundamental duties promoting harmony and preserving cultural heritage.




Contemporary Debates on Secularism

  • Triple Talaq: Shah Bano to Shayara Bano Case The issue of Triple Talaq, or the practice of instant divorce among Muslim men by uttering ‘talaq’ three times, became a focal point of political and legal discourse in India. The practice was widely criticized for being discriminatory and oppressive towards women, as it allowed husbands to arbitrarily divorce their wives without any legal recourse.

    • Shah Bano Case (1985): Shah Bano, a Muslim woman, sought maintenance from her husband after he divorced her using the Triple Talaq method. The Supreme Court ruled in favor of Shah Bano, stating that the CrPC’s provisions on maintenance applied to all citizens, irrespective of their religion. This ruling was met with severe opposition from conservative Muslim groups, who argued that the court's intervention violated Islamic principles. In response to the judgment, the government passed the Muslim Women (Protection of Rights on Divorce) Act (1986), which limited the maintenance obligations of Muslim husbands to the iddat period (a waiting period post-divorce). The Act essentially reversed the Supreme Court’s decision and placed the responsibility for the woman's upkeep on her relatives or the Waqf Board after the iddat period.

    • Shayara Bano Case (2017): The practice of Triple Talaq remained contentious, and the issue resurfaced in the Shayara Bano v. Union of India case. Shayara Bano, who was divorced through Triple Talaq, challenged the practice in the Supreme Court. In a landmark judgment, the Court declared Triple Talaq unconstitutional, ruling that it violated the fundamental rights of Muslim women, including the right to equality and protection from arbitrary laws under Article 14 of the Constitution. This verdict sparked widespread debates about the intersection of personal religious laws, gender justice, and secularism in India.

    • Political and Social Impact: The ruling was seen as a victory for women’s rights but also reignited debates about religious autonomy and the role of the state in intervening in personal laws. Critics of the judgment argued that it infringed upon the religious practices of Muslims, while supporters saw it as a necessary step towards gender equality and the modernization of religious practices.


  • Uniform Civil Code (UCC) : The Uniform Civil Code (UCC) remains one of India’s most controversial political issues, rooted in the conflict between religious diversity and the quest for gender justice and national integration. The UCC seeks to replace the diverse personal laws governing marriage, divorce, inheritance, and adoption, with a common set of civil laws applicable to all citizens, irrespective of their religion. This debate involves balancing individual religious freedoms with the need for a more equitable legal framework.

    • Hindu Code Bill (1950s): The initial push for the UCC began with the Hindu Code Bill in the 1950s, which aimed to reform and codify Hindu personal laws. This Bill sought to grant women greater rights, such as the right to divorce and inheritance, and ended the practice of polygamy among Hindus. While the Bill was eventually passed and became the basis for modern Hindu law, it faced strong opposition from conservative Hindu groups, who saw it as an infringement on religious autonomy.

    • Resistance and Religious Autonomy: After the Hindu Code Bill, personal law boards were established for other religious communities to manage their own affairs, including marriage and divorce. As a result, the personal laws of different religious communities, such as Muslims, Christians, and Sikhs, continued to govern matters of family law. This situation led to the development of a fragmented legal system, where citizens of different religions were subject to different laws in similar matters.

    • Arguments for UCC: Advocates for the UCC argue that it would promote national integration by creating a unified legal framework and would address gender inequality by applying the same laws to all citizens, regardless of their religion. They argue that a common civil code would be in line with the principles of secularism, providing equal rights to all citizens and promoting the idea of a unified Indian identity.

    • Arguments Against UCC: Opponents of the UCC argue that it threatens religious freedom and cultural identity. They believe that the imposition of a common set of laws would undermine the rights of religious minorities and interfere with their personal beliefs and practices. Some political parties and religious groups have strongly opposed the UCC, viewing it as an encroachment on their religious and cultural traditions.

    • Political Impact: The UCC debate is not only a legal issue but also a deeply political one. It often resurfaces in election cycles, with some political parties using the issue to mobilize certain voter bases. While proponents view the UCC as a necessary step toward equality and secularism, critics see it as a potential tool for majoritarianism and religious homogenization. The ongoing resistance to the UCC has left its implementation a distant possibility, even though it remains a topic of debate in the Indian legal and political arenas.




Conclusion

Secularism in India remains a dynamic and evolving principle. The cases of Triple Talaq and the Uniform Civil Code illustrate the tension between religious diversity and the pursuit of gender justice, secularism, and equality before the law. While India’s Constitution guarantees religious freedom, debates about personal laws and state intervention in religious matters continue to challenge the ideal of secularism in practice. The balance between respecting religious autonomy and ensuring equal rights for all citizens remains a key challenge for India’s legal and political systems.





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