INDIAN
SECULARISM : POLITY
NEWS
: Laws that regulate
minority institutions do not breach secularism, says Supreme Court
WHAT’S
IN THE NEWS ?
The Supreme
Court of India, while hearing a case concerning the regulation
of madrasas under the Uttar Pradesh Board of Madrasa
Education Act, 2004, clarified that laws regulating religious
or linguistic minority institutions do not
inherently breach secularism. This observation
followed a challenge to an Allahabad High Court decision, which
had struck down the Act, claiming it violated secular principles.
Supreme
Court's Stand on Secularism and Minority Institutions:
- The Supreme Court of
India ruled that regulating institutions run by religious or
linguistic minorities does not automatically breach the principle of secularism.
- Chief Justice of India (CJI) clarified that a law
regulating such institutions—especially when they are government-aided—is
not unconstitutional. The state has the right to regulate these
institutions.
- The CJI emphasized the need
for broad-based education in religious institutions like madrasas,
ensuring that students receive knowledge beyond religious teachings to
help them become productive citizens.
Definition
of Minority under Indian Laws:
- The term "minorities"
is mentioned in the Constitution but is not specifically defined.
- As per the National
Commission for Minorities (NCM) Act, Muslims, Christians, Sikhs,
Buddhists, Parsis, and later Jains (since 2014) are recognized
as minority communities in India.
Constitutional
Provisions Related to Minorities:
- Article 29: Protects minorities by
allowing any section of citizens with a distinct language, script, or
culture to preserve their heritage. It also ensures that no one is
denied admission to state-funded educational institutions based solely on
religion, race, caste, or language.
- Article 30: Grants minorities the
right to establish and administer educational institutions of their
choice. It mandates that the state cannot discriminate against such
institutions when providing aid, and if any property is acquired from
these institutions, the state must fairly compensate them.
- Article 350(A): Ensures that a Special
Officer for linguistic minorities is appointed by the President to
monitor the protection of linguistic minority rights.
Article
28 – Prohibition of Religious Instruction in State-Funded Educational
Institutions:
- Clause (1): No religious instruction
is allowed in educational institutions fully funded by the state.
- Clause (2): Religious instruction can
be imparted in institutions with religious endowments, even if they
receive some state support.
- Clause (3): Students cannot be forced
to participate in religious instruction or worship without their consent
in state-recognized or state-aided institutions.
- These clauses aim to promote
secularism by preventing religious teaching in state-funded
institutions while protecting individual religious freedom.
ABOUT SECULARISM:
·
Secularism is defined as a separation of religious institutions from
the institutions of state, and no domination of the political
sphere by religious institutions.
·
It is the belief that religion should not influence or
be involved in the organization of society, education, government, etc.
The following are the features of Indian secularism:
1. Equal respect and regard for all
faiths by the nation.
2. No prejudice sponsored by the
state between residents on religion basis.
3. India follows
the policy of non-interference in the functioning of any faith
by the state.
4. Moreover, the
42nd Constitutional Amendment of the Indian Constitution states that
India is a secular country, thus, there is no
relationship between religion and state. However, India pays respects
to all religions but it did not recognize any national religion.
·
Indian philosophy of secularism is related to
“Sarva Dharma Sambhava” which means equal respect to all religions.
·
India does partially separate religion and state. For
example, it does not have an official state religion and
state-owned educational institutions cannot impart religious instructions.
Source
: https://www.thehindu.com/news/national/laws-that-regulate-minority-institutions-do-not-offend-secularism-says-supreme-court/article68780264.ece