RELIGION VERSUS FAITH
RELIGION VERSUS FAITH
INDIAN
SECULARISM: A COMPENDIUM OUTLOOK ON RELIGION & FAITH
INTRODUCTION
TO INDIA’S SECULAR APPROACH-
We are well versed with the very fact that our India
is well known for its richness in cultural, religious and linguistic spectrum.
However, by way of 42nd Amendment in 1950, India was declared as the
secular state [herein referred to as ‘India’] that signifies the freedom
guaranteed to Indian citizens to practice any religion. But on the other hand,
this freedom is subject to public morality, social reform and health as well.
For instance, the practice of ‘Sati’ cannot be followed in name of freedom of
religion.
Despite of clear inclusion of ‘secularism’ into the
Indian Constitution, there is no wall of separation between religion and state.
The only rationale behind incorporation of ‘secularism’ was to treat all the
religious persuasion equally.
India’s concept of secularism has been interpreted and
established by various judicial pronouncements. Despite of the textual
clampdown in Indian Constitution, Supreme Court validated the faith on
religious practices on basis of its essentiality.
In one of the illustrative case of S.R. Bommai V Union of India, Supreme Court explained the significance of ‘Secularism’ as a vehicle-
|
· To establish egalitarian social order |
|
· To prevent formation of ‘Theocratic
State’ |
|
· To prevent favoring any particular
religion |
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· To equalize the treatment of all
religion |
WHAT IS RELIGION?
It is uncanny to know that ‘religion’ is nowhere
defined in Indian Constitution. However, Supreme Court by way of judicial
precedent shed light on this term and observed that religion is matter of faith
and belief.
In SP Mittal V Union
of India, Supreme Court
observed that religion is more concerned with human spirit and is capable of
words such as worship or ritual.
The right to religion guaranteed under Article 25 and Article 26 is not an absolute right but are subject to social
reform.
|
“WHETHER
INDIAN LAW ON FREEDOM OF RELIGION IS FLAWED?” |
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CASE LAWS |
PROTECTED RELIGIOUS PRACTICE |
|
·
Mohd. Hanif
Quareshi V State of Bihar |
To Worship image or idol in
Hinduism |
|
·
Mohd. Hanif
Quareshi V State of Bihar |
Cow sacrifice in Muslim religion |
|
·
Lily Thomas V
Union of India |
Hindu male marrying second wife
after conversion while first spouse is alive and living |
In Indian Young Lawyers’ Association V State of Kerala, [Sabarimala
Temple Case]
The majority of
5 Judge Bench observed conflicts in judicial opinion upto the extent they can
intervene and intrude into the matters of faith. However, the court observed
that practice of prohibiting women of age 10-50 years from entering the temple
is rudimentary practice which is gender biased and considers women of
menstruating age impure.
The
court has not been at fault in deciding in favor of women as the old custom was
violation of right to equality and was arbitrary in nature. The court held the
practice unconstitutional despite of number of challenging applications and
objections.
Article 26 of Indian Constitution talks about
religious domination where Court in SP Mittal V Union of India, the apex court laid down three conditions that need to be
fulfilled by a religious denomination:
1.
Collection of Individuals having a common faith.
2.
A common organization.
3.
Designation by a distinctive name.
Article
28 of Indian Constitution provides the freedom from any religious
instructions in educational institutions which are maintained out of funds of
State
In nutshell, Article
25-30 of Indian Constitution embodies the principles of religious
tolerance which serves the secular nature of democratic India.
ARE RELIGION & FAITH COMPLEMENTARY
OR ADVERSARY?-A PERSONAL PERSPECTIVE
There is a blur distinction between faith and
religion. The former one is personal belief system which is divine whereas the
latter is man-made belief system which is practiced on basis of observation of
rules and interpretation of scriptures. And then there are religious traditions
which are embedded in religious culture.
|
Do we need religion to have faith? Do we need faith to practice a
particular religion? |
With respect to the question that involves both faith
and religion, Indians prioritize their religious sentiments and protect their
religion in every possible manner. But every act done in contradiction to faith
of other person does not make that act wrong in eyes of law as there may be
instances where religious sentiments of people are hurt without commission of
any legal wrong.
We all are born with faith that god is ubiquitously
present irrespective of any religious adherence. By the reason of different religious
expressions, we address ‘god’ as ‘Allah’, ‘Ishwar’ and ‘Waheguru’ and so on.
This is purely our faith to practice any religion. People see religion as their
control system to vanquish humanity. Therefore, religion can result in
fulfillment of needs of needy but faith is essence in comparison to which
everything falls short.
However, we can substitute ‘religion’ with ‘faith’.
CONCLUSION-
India
being a secular state protects all the religion equally. However, equal
protection of religion signifies that for the purpose of betterment of society,
it can bring about reforms also irrespective of several religious adherences.
Further, faith is of great significance while practicing any religion and
religion is not mere a control system but rather is a human folly which is more
concerned about spirit of man. This new wave of modernism resulted into
challenging and questioning customs and also paved the path for courts to
interpret such myriad questions in matters of faith.
WRITTEN BY GURNEET
KAUR
BBA
LLB (H)
ICFAI
UNIVERSITY
DEHRADUN
EMAIL-ID:
gurneetkaur53@gmail.com
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