Editorial Analysis | Strengthen Secularism, save the republic For UPSC IAS Current Affairs Preparation

Context

In the wake of several controversies surrounding the constitutionality of donning a hijab in educational institutions, the necessity of strengthening the doctrine of secularism has been sensed. 

Editorial Analysis For UPSC IAS Current Affairs Preparation

The Background

• The three-judge bench of the Karnataka High Court declared that “hijab” is not an essential religious practice upholding the state government’s order on adhering to uniforms in educational institutions. 
• This was in response to the petition against the government order of banning “hijab” in educational institutions stating it as a violation of the Fundamental Rights guaranteed by the Constitution. 
• The order of banning hijab in educational institutions has been perceived by the petitioners as a violation of the following provisions of the Constitution:
  • Article 14 – Right to equality
  • Article 15 – No discrimination over faith
  • Article 19 – Right to freedom of speech and expression
  • Article 21 – Protection of life & personal liberty
  • Article 25 – Freedom of religion
• The court dismissed the petitioners’ grounds on violation of fundamental rights calling it too far-fetched to argue that the school dress code militates against the fundamental rights. 
• The judgement asserted that all rights have to be viewed in the light of contextual conditions which were framed under the Constitution and the manner in which they evolved over a period of time. The fundamental rights have relative content and their efficacy levels depend upon the circumstances in which they are to be exercised. 
• It has been highlighted through the judgement that school uniforms promote harmony and spirit of common brotherhood transcending religious or sectional diversities. 
• Besides, homogeneity in school regulations is essential for the development of scientific temperament that is envisaged through Fundamental Duties of the Constitution. 

Editorial Analysis For UPSC IAS Current Affairs Preparation

Looking into the Political Dimension: The Challenges

• The political dimension of the “hijab” issue will continue to be an impediment towards the secular ecosystem of the society. 
• The underlying fact of the entire issue is clear as Hindu and Sikh women of north India cover their heads on all occasions like marriages, funerals, religious ceremonies and so on. 
• It is evident that the sudden occurence of this controversy has been backed by political intentions and reflects an insidious intolerance which is not a specific characteristic of the majority religious community. 
• According to experts, there is a transformation that is emerging in Indian society wherein a piece of cloth is sufficient to ignite a fight against the communities. 
• Such a scenario can be a detrimental blow towards traditional tolerance, pluralism and most importantly the very ethos of unity in diversity. 

Editorial Analysis For UPSC IAS Current Affairs Preparation

The moral set up of India

• The Indian subcontinent has always been enlightened with the recognition of upholding the true spirit of secularism. 
• People from various parts of the world have been welcomed by India with enormous warmth and were allowed to reside in this country in peace and amity for millennia. 
• As promulgated by the Buddha, tolerance towards other faiths and compassion towards fellow beings have been an integral part of Indian tradition. 
• The moral fabric of India draws excerpts from the teachings of Gautama Buddha. 
• Keeping pace with the present hour, the article determines a much needed attention to the emerging shift in the socio-political framework of India that targets those historic practices of tolerance, acceptance, brotherhood and indiscriminate approach. 
• The moral framework of India is also echoed through Equality, Justice and Fraternity of the Constitution.
• Such moral principles have been the fundamental basis of several revolutions like the modern European Renaissance. 

Editorial Analysis For UPSC IAS Current Affairs Preparation

What is the constitutional basis of secularism?

• Secularism in the light of the Indian Constitution is based on the principle that the state has no religion. 
• The Indian state was beautifully organised on this foundational principle. 
• As a result of the landmark judgement of Keshavananda Bharati case, the secular character of the Constitution was incorporated as a part of the Basic Structure Doctrine. 
• The word ‘secular’ was added to the Preamble by the 42nd Constitutional Amendment Act. 

Editorial Analysis For UPSC IAS Current Affairs Preparation

The need to retain Secularism

• India, being a multi-religious country with the largest minority population, would be disintegrated if it transforms into a theocratic state. 
• A theocratic state functions on the basis of religious laws which may lead to massive injustice as a theocratic state will not confer the citizens with equality before law and equal protection of law. 
• Therefore, secularism is indispensable to keep the nation integrated and united in the midst of diversity. 

Editorial Analysis For UPSC IAS Current Affairs Preparation

 A foundational principle: A conclusive stand

• It is the moral duty of every enlightened citizen to acknowledge the significance of secularism in the sustainability of our national unity. 
• Forces that attempt to transform India into a theocratic one must be made to realise that the aftermath will not only give rise to massive internal disturbances but also tarnish India’s secular image in the international community which may affect its bilateral relations with various countries. 
• In the midst of the neighbouring countries that possess a state religion, India sparkles with the glory of secularism upholding the spirit of unity in diversity and not unity in uniformity. 
• Such a secular spirit must be strengthened for the nation to stand as one with unity, compassion and harmony.