Abstract

This chapter examines the historical emergence of secularism through movements, debates and legal formulations to explain specific features that the concept has acquired in the context of India. The first part examines the tensions between the theoretical narratives of Indian constitutionalism and the practices of politics that lead to the acceptance of three essential conditions of secularism: (a) the state shall have no religion; (b) there shall be no discrimination on the ground of religion; and (c) the individual shall have the freedom to practice, profess and propagate religion. This is followed by the approach towards secularism found in writings of Nehru, Gandhi and Ambedkar. The diversity of religious identities and the widespread religious prejudice, identity conflict and inter-religious strife are main worries of these nationalist ideologues. The third part of this chapter focuses on the ill-defined meaning of secularism that does not accurately reflect the conceptual shifts made by the modern legal system, in which interests of many religious and cultural groups within Indian society are accommodated. The final section critically examines the claim that secularism is a state-led exercise in the following domains: rights of religious denominations, gender justice and social justice. An overview of the legal literature, including pronouncements of the judiciary, shows that secularism is also the domain of experts, bureaucrats and professionals. The history of court decisions about what constitutes a religious practice that is protected by law reveals considerable variation and arbitrariness; it raises questions of group rights in a liberal polity, the limits of cultural accommodation and the conceptions of difference left behind in the realms of family and civil society.