Secularism versus religious fanaticism: A Constitutional Challenge By Dr. Anand Chauhan

  Legal Research development: An International Refereed e-Journal ISSN: 2456-3870 (Peer-reviewed, Indexed, Opened Access, Journal of Law), Impact Factor: 5.406 (SJIF-2018), Vol. 5, Issue-III, March 2021, Web: www.lrdjournal.com; [5] E-mail: journal1257@gmail.com Secularism versus religious fanaticism: A Constitutional Challenge Dr. Anand Chauhan Abstract: The caste and the religious animosity among the people of India that are being instigated by some with ulterior motive resulted in the loss of many precious life. The data on such religious violence shows a very annoying. In five year period from 2005 to 2009 in the states of Maharashtra, Madhya Pradesh, Uttar Pradesh and Orissa alone contributed 64% of deaths from communal violence in India. Among this violence, the highest rate of death registered in Madhya Pradesh, at 0.14 deaths per lakh people. It has become a formidable challenge for the law makers and implementing agencies to manage the religious fanatism in India. Key word: Secularism versus religious fanaticism, Caste Violence in India, Promotion of religious Carousing, Religion freedom and the judicial Process etc. Introduction Secularism is defined as equal treatment of all religions by the state. With the 42nd Amendment of the Constitution of India enacted in 1976, the Preamble to the Constitution asserted that India is a secular nation. 1 However, neither India's constitution nor its laws define the relationship between religion and state. The apex court itself declared in no uncertain terms that secularism is part of the basic structure of the Constitution. As held by the Supreme Court in the famous Kesavananda Bharati case2 , even Parliament has no right to amend the basic structure of the Constitution. Secularism in Indian context has never been clearly defined either by our constitutional experts or political stalwarts. There are several problems in defining secularism in the Indian context. Both during colonial and after independence, the Indian society has continued to be a traditional society followed by a varieties of customs embedded in deep religious orientation. However, for the liberal and progressive intellectuals, secularism meant total exclusion of religion from politics.3 Since, the 7th schedule of Indian constitution places religious institutions, charities and trusts into the Concurrent List, which means that both the central government and various state governments in India can make their own laws about religious institutions, charities and trusts. If there is a conflict between of state and central government enacted laws, then the central law prevails. This principle of overlap, rather than separation of religion and state in India was further recognized in a series of constitutional amendments starting with Article 290 in 1956, to the addition of word „secular‟ to the Preamble of Indian Constitution in 19754 . Thus, the Indian Constitution guarantees both individual citizen and the society as a whole, the freedom of religion through the articles 25 to 28 included in the Part III dealing with Fundamental Rights. The Article 15 and 16 have also protects the people from discrimination on religion basis. The Indian Constitution in its Preamble which deals Fundamental Rights and the Directive Principle has been based on the secular, equality and non-discrimination. The word “secularism” used in the preamble of the Constitution is reflected in provisions contained in Articles 25 to 30 and Part IVA added to the Constitution through the Article 51A which is on the fundamental duties of the citizens. It can be understood on the basis of more than 70 years experience of the working of the Constitution. The complete neutrality towards religion and apathy for all kinds of religious teachings in institutions of the State have not helped in  Assistant Professor, Department of Law, Saurashtra University, Rajkot, Gujarat 1 http://www.thehansindia.com/posts/index/National/2018-03-22/Breathing-religion-while-hanging-secular-mask-is-the-order-of-every-political-body-inIndia/368533 2 Kesavananda Bharati vs. State Of Kerala and Anr- 1973 3 http://shodhganga.inflibnet.ac.in/bitstream/10603/77961/8/08_chapter%2003.pdf 4 Rajagopalan, 2002."Secularism in India", in Editor: William Safran, The Secular and the Sacred - Nation, Religion and Politics, Chapter 13, pp-280. Legal Research development: An International Refereed e-Journal ISSN: 2456-3870 (Peer-reviewed, Indexed, Opened Access, Journal of Law), Impact Factor: 5.406 (SJIF-2018), Vol. 5, Issue-III, March 2021, Web: www.lrdjournal.com; [6] E-mail: journal1257@gmail.com removing mutual misunderstanding and intolerance inter se between sections of people of different religions, faiths and beliefs. 5 Religion freedom and the judicial Process: The concept of secularism, on its problem and prospects have been studied by Mohammad Ghouse (1973), 6 with in the ambit of communalism and communal riots, casteism, the tactics of political parties and the attitude of the Hindu and Muslim to secularism. He studied the extent of religious freedom and the judicial process employed over it. Promotion of religious Carousing: In can be seen that the Government in Position, in general declares holidays connected with religious festivals and the Head and Ministers of the State and Central governments regularly visit the places of worship of all religions. All these activities indicate that there is, if not whole hearted equal treatment, but, they show respect for all religions in India. Separation of state from religion: The 42nd amendments of the constitution included the term „Secular‟ which created an environment of antireligion due to the fear of religious of majority and even the attitudes towards the people of a particular religion among the educated youths in India. This mind set has resulted in sustained demand from such group for the separation of religion from politics. Contrary to the Constitutional provision, the politicians, the intellectuals, and others have created or so to say succeeded in creating a “rigid wall of separation between the state and religion” which is the aim of the founding fathers of our constitutions. Dr. S. Radhakrishnan, rightly said, “the secularism is embedded in our constitutional values. When India is said to be a secular State, it does not mean that that we exalt irreligion. India will not identify itself with a particular religion and more so, it cannot be controlled by any particular religion. 7 ” Conflict over religious animosity: Before partitioning of India, from 1920 to1940 period, a number of communal violence recorded and an average of 381 people died during these period resulting thousands of people injured8 . In a span of five year period from 2005 to 2009 in four states viz., Maharashtra, Madhya Pradesh, Uttar Pradesh and Orissa, the were 64% of all deaths from communal violence in India. Among these violence, the highest rate of communal violence resulting fatalities were from Madhya Pradesh, at 0.14 death per 100,000 people over 5 years, or 0.03 deaths per 100,000 people per year 9 . In 2012, there were 93 deaths in India from many incidences of communal violence (or 0.007 fatalities per 100,000 people)10. Of these fatal violence, 48 were Muslims, 44 Hindus and one police official. The riots also injured 2,067 people, of which 1,010 were Hindus, 787 Muslims, 222 police officials and 48 others. Over 2013, 107 people were killed during religious riots of which 66 were Muslims, 41 were Hindus. The various riots in 2013 also injured 1,647 people including 794 Hindus, 703 Muslims and 200 policemen11. Religion, conflict and violence in India are mostly either between Hindus vs. Muslims, Hindus vs. Christians, Hindus vs. Sc/Sts. Caste Violence in India: The violence are being perpetrated not only of religious based, but still worse for caste based within Hindu religion shows the degrading mind set of people of India, though it happened sporadically. Under this scheme of violence, most strikingly, are designed towards the oppressed people by the caste oriented people. It all started at Kilvenmani village 5 http://shodhganga.inflibnet.ac.in/bitstream/10603/77961/8/08_chapter%2003.pdf 6 Mohmmad Ghouse, 1973. Secularism, Society and Law in India,Vikas Publishing House,New Delhi., Pp-254. 7 http://www.thehansindia.com/posts/index/Editorial/2016-08-13/Constitutional-Perspective-on-Secularism/248263 8 Ambedkar. B.R.1946.Pakistan Or The Partition Of India., Bombay: Thacker and Company Ltd., Pp-481. 9 Vital Stats - Communal Violence in India PRS India, Centre for Policy Research (CPR), New Delhi 10 Bharti Jain.2013, Government releases data of riot victims identifying religion. The Times of India Note: Indian government calendar reporting period ends in June every year. 11 Ibid Legal Research development: An International Refereed e-Journal ISSN: 2456-3870 (Peer-reviewed, Indexed, Opened Access, Journal of Law), Impact Factor: 5.406 (SJIF-2018), Vol. 5, Issue-III, March 2021, Web: www.lrdjournal.com; [7] E-mail: journal1257@gmail.com massacre in Tamil Nadu in 1968 in which a group of 44 striking Dalit village labourers were murdered by a gang, allegedly sent by their landlords, as they were demanding higher wages. 12 From 1985 with Karamchedu massacre, 1990 of Ranvir Sena, 1991 of Tsundur Andhra Pradesh, 1996 of Bathani Tola Massacre in Bihar, 1996 in Melavalavu murders, 1997 of Laxmanpur Bathe Carnage in Bihar, 1997 of Ramabai killings in Mumbai, 1999 Bant Singh case in Punjab, 2000 of Kambalapalli incident from Karnataka, 2003 of Muthanga Incident in Kerala, 2006 of Khairlanji massacre from Maharashtra, 2006 of Dalit protests in Maharashtra, 2008 of caste violence in Rajasthan, 2011 on killings of Dalits in Mirchpur of Haryana, 2012 of Dharmapuri violence of Tamil Nadu, 2013 of Marakkanam violence of Tamil Nadu, 2015 of Jat-Dalit violence in Danga was of Rajasthan, 2016 of Saharanpur violence, 2018 of Samrau Violence of Jodhpur of Rajasthan are the standing examples caste violence among the known incidence. Communal violence in India is an indisputable challenge for the law makers, implementing agencies and most vividly for the public.13 Conclusion: Hundreds of innocent people die in every violence on communal frenzy. Whether it is based on caste or religion the violence occurred so far has shown its ugly face to the world that thereof is a urgent need to rectify our house in order, through the constitutional means. If we fail to do so, the world may one day condemn our country, which has a ancient history of tolerance of all religions. To control the religious fanatic approach of majority the uncivilized people of India, it should be started from every child who must be given basic knowledge on the teachings of every religion in the school during formative years and should be brought up under an environment of love and tolerance towards each and every religion. Secondly, the law and the law enforcing agencies should treat very severely without any favour in terms of caste, religion and the location of the violators of laws of our country. Secularism which enables the rulers to be impartial in dealing with the religious matters. So, the basic requirement is that the rulers are to be secular for the first and the last. These kind of religious atrocities is really a challenge to the constitution through which the people of India has taken an oath in 1950 itself. ************************** 12 Farmers pay tribute to Kilvenmani victims". The Hindu,25 July 2013 13 Caste-related violence in India: https://en.wikipedia.org/wiki/Caste-related_violence_in_India#1990s:_Ranvir_Sena