| Title | NEHRU AND SECULARISM |
|---|---|
| Author | R.K. Misra |
| Category | Studies about Jawaharlal Nehru |
| Number of Pages | 21 |
| Language | English |
| File Size | 1. MB |
| File Type | |
| Country of Publication | India |
| Main Topics | Nehru And Secularism, Nehru on Religion, Historical Background, Constituent Assembly Debates, Religious Freedom Under the Constitution, Judicial Interpretation, State Control Over Religious Institutions, Ban on Cow Slaughter, Right to Propagate, Use of Public Funds for Religious Purposes, Conclusion |
Summary Note of this Document
This 21-page article (journal pages 161–181) digs into Jawaharlal Nehru's decisive influence in making secularism a fundamental part of the Indian Constitution, basing itself on his ideological perspective, historical scenario, and actual compromises. It scrutinizes to what extent Nehru's outlook is the factor behind the unique secularism of India—different from the Western models like the U.S. "wall of separation"—as a means of nationalism, democracy, modernization, and social reform in a multi-religious, underdeveloped society. The work scopes the critiques of constitutional provisions, judicial interpretations, and lingering obstacles while rehashing Nehru's faith in reason, equality, and non-discrimination albeit at the same time respecting all religions.
Key Sections and Themes
1. Ideological Basis of Nehru (Pages 161–163):
- Nehru's secularism was a product of 19th-century humanist liberalism that drew heavily on rationalism, individualism, and universalism, fused with some features of Gandhian and Marxist thinking.
- He dismissed religious nationalism (e.g., Gandhi's "Ramaraj" or the Khilafat movement) as a factor that would separate the society further, thus explaining the first Indian nationalism as one with religious characteristics but requiring a cultural identity that is modern and composite.
- Besides the influence of Tagore's universalism on Nehru, he also saw in ancient India the elements of tolerance, questioning, and synthesis but at the same time he found fault with organized religion as a promoter of dogma, submission, and resistance to progress.
- According to Nehru, religion was the development of the "inner self" and ethical values, rather than dogma or rituals; thus he insisted on the interpretation of the religions' universal teachings for a scientific and technological society.
2. Historical Context and Nehru's Contribution to Secular State-Building (Pages 164–166):
- The origins of secularism included the colonial past, communal strife, and the demands of the minorities (e.g., Muslim League's insistence on separate electorates and Pakistan).
- The 1925 Commonwealth of India Bill and 1928 Nehru Committee Report are examples of nationalist documents that committed themselves to religious freedom, neutrality, and minority rights.
- After 1947 the dangers (partition violence, refugee problem, Kashmir invasion) to secularism were great with people like Patel demonstrating communal bias but Nehru was the one who stood out as the advocate of a "non-communal, democratic polity" with equal chances for all.
- Unlike in Europe where strict separation between church and state is the basis of secularism, Indian secularism has moved from the past when Hinduism was tightly controlled, and the state was deeply involved in the reforms of the religion (e.g., East India Company's temple management).
- Nehru described a secular state as one which recognized all religions as equal, not one where religion was discouraged but subordinated to the fundamental values of liberty, equality, justice, modernization, and integration.
3. Constituent Assembly Debates and Constitutional Provisions (Pages 167–169):
- Nehru's Objective Resolution was very clear about freedom of faith and minority rights, thus it reflected the spirit of his own Constitution though the lawyers had a hand in drafting them.
- While the term "secular" was not specifically mentioned (incorporated later via the 1976 amendment), the debates had the assumption of a secular state; proposals calling for absolute neutrality were not accepted.
- Freedom of conscience, profession, practice, and propagation of religion, subject to public order, morality, health, and other fundamental rights (e.g., equality, anti-untouchability) is what is guaranteed under Article 25.
- Despite the outcry, propagation was there as an assurance to Christian minorities.
- Article 26 gives religious groups the privileges of a legal entity to handle their affairs and properties, though there are some restrictions from Article 25 that cause the free fall of balances.
- Article 27 forbids the use of taxes to help any particular religion; Article 28 keeps religious teaching out of schools that get government funding.
- These demonstrate the emphasis of Nehru on individual liberty and advancement wherein the activities that are secular but linked with religion (e.g., economic or social reforms) are regulatable by state authority
4. Judicial Interpretations and Challenges (Pages 170–174):
- Broadly, early Supreme Court cases (e.g., Commr. H.R.E. v. Lakshmindra Swamiar, 1954) delineated "religion" to consist of rites and observances considered necessary as per the doctrines, thus characterizing the extent of state regulation and denominational freedom as permissible under the "autogenesis doctrine".
- Consequently, several instances followed where the judgments became contradictory to each other. For example, the decision (Saifuddin Saheb v. State of Bombay, 1962) upheld excommunication as a religious matter which went beyond individual conscience while an attempt was made to reconcile the resistance by temple entry laws (Venkataramana Devaru v. State of Mysore, 1958) through the use of strained reasoning.
- These issues were limited in subsequent decisions (Durgah Committee v. Hussain Ali, 1961; Shri Govindlalji v. State of Rajasthan, 1963) to the extent of courts, rather than clergy, deciding what "essential" practices were harmonizing more with Nehru's rationalism.
- Examples of certain later decisions that brought back some problems include, on the one hand, the prohibition of Anand Margi's tandava dance (Jagdishwaran v. Police Commr., 1984) by the public order argument while allocution was made to the tenets; and on the other hand, quite an opposite case where Jehovah's Witnesses were allowed not to sing the National Anthem (Bijoe Emmanuel v. State of Kerala, 1987) due to a genuine belief-based excuse.
5. Specific Issues in Secular Practice (Pages 175–179):
- State Control over Religious Institutions: The management of Hindu temples by the government (e.g., in Tamil Nadu, Kerala) despite criticism is still supported by the courts as a way of controlling the religious institutions in the interests of secularism and creating Hindu ecclesiastic structures that are not present in minority religious groups is the result.
- Ban on Cow Slaughter: As an instance of balancing Hindu sentiments with economic utility, the Directive Principle (Article 48) and state laws (Mohd. Hanif Qureshi v. State of Bihar, 1958) achieved it while at the same time, the article argues that it transforms a secular democracy into a theocracy, going against the views of Nehru and Gandhi, who were against imposing the majority beliefs.
- Right to Propagate: It is confined to non-violent propagation only, and forced conversion is excluded (Rev. Stainislaus v. State of M.P., 1977), however, the issue of conversions through "divine displeasure" threats, which balances the sensitivities of the majority and the tenets of the minority, is still open.
- Use of Public Funds: State organized festivities (e.g., Buddha's 2500th jubilee) promote cultural integration through the amalgamation of different cultures, are legitimized as non-religious heritage, and notwithstanding the controversy (Suresh Chandra v. Union of India, 1975), the tradition continues.
Conclusion (Pages 180–181):
The Indian secularism model is reformative, not absolute, as it still reflects society's backwardness and minority group's needs; it symbolizes Nehru's concept of equal opportunities without religious interference in state basics and hence functions as an instrument for reform and unity.
Among the difficulties are denominational-oriented distortions through judiciary, unbalances in Articles 25–26, and consolation measures, for example, cow slaughter prohibitions.
While Nehru's contributions continue serving as the base of Indian secularism, for it to be perfect constitutional alterations (e.g., rationalizing denominational rights) accompanied by the observance of his logical, inclusive, and anti-communal interpretation are necessary.
Essentially, the article depicts Nehru as the main creator of Indian secularism, dealing with divisions of the past by making compromises, while at the same time, expressing a critical opinion about the implementations that differ from his ideas. It supports assertions with Nehru's texts, historical records, and examples of judicial decisions, calling for keeping true to his principles in order to achieve the country's development. The mood is academic and investigative, acknowledging the gradual realization of secularism in India.
