Is India Really Secular???
IS INDIA REALLY SECULAR?
SOCIOLOGY TUTORIAL II
SHRUTHEE SRINIVASAN
210056
INTRODUCTION How did laws actually originate? If one thinks in the Indian perspective, we come to the conclusion that religion provided the base for the formulation of all the traditional laws in our country. According to Robert D. Baird1, the sacred Hindu texts; Manusmriti, derived through spiritual insight, provided the basic platform for the formation of Laws. Though there is a significant difference between the Manusmriti and the after-independence laws in India, they are still considered to be one of the most important sources of law. Hence, originally laws consisted an element of religion in them which was based on the principles of inequality and divided the society on the basis of class, sex, education i.e. Brahmins (priests; the learned ones), Kshatriyas (warriors; the fighters), Vaishyas (traders; the merchant class) and lastly Shudras (servants; the untouchables). Men and women had different rules and punishments as women were not felt to be independent or intelligent enough and they were subjected to the orders of their fathers, husbands and sons. But gradually the general outlook of the people changed and newer ideas emerged thus bringing in the concept of secularism. Secularism literally translates to religious indifference or scepticism, though basically it refers to “a state of no religion; not sacred, not monastic, not ecclesiastical, temporal, profane.”2 A Secular state doesn’t discriminate its citizens on the basis of their religious affiliations; in fact it gives complete freedom to profess, practise and propagate any religion. In the following essay, we will explore what are the various secularist aspects of Indian Law and how law upholds and accommodates the religious sentiments of different sections of the society.
A BRIEF INSIGHT INTO THE HISTORY OF SECULARISM
SOCIOLOGY TUTORIAL II
SHRUTHEE SRINIVASAN
210056
INTRODUCTION How did laws actually originate? If one thinks in the Indian perspective, we come to the conclusion that religion provided the base for the formulation of all the traditional laws in our country. According to Robert D. Baird1, the sacred Hindu texts; Manusmriti, derived through spiritual insight, provided the basic platform for the formation of Laws. Though there is a significant difference between the Manusmriti and the after-independence laws in India, they are still considered to be one of the most important sources of law. Hence, originally laws consisted an element of religion in them which was based on the principles of inequality and divided the society on the basis of class, sex, education i.e. Brahmins (priests; the learned ones), Kshatriyas (warriors; the fighters), Vaishyas (traders; the merchant class) and lastly Shudras (servants; the untouchables). Men and women had different rules and punishments as women were not felt to be independent or intelligent enough and they were subjected to the orders of their fathers, husbands and sons. But gradually the general outlook of the people changed and newer ideas emerged thus bringing in the concept of secularism. Secularism literally translates to religious indifference or scepticism, though basically it refers to “a state of no religion; not sacred, not monastic, not ecclesiastical, temporal, profane.”2 A Secular state doesn’t discriminate its citizens on the basis of their religious affiliations; in fact it gives complete freedom to profess, practise and propagate any religion. In the following essay, we will explore what are the various secularist aspects of Indian Law and how law upholds and accommodates the religious sentiments of different sections of the society.
A BRIEF INSIGHT INTO THE HISTORY OF SECULARISM