Freedom of Religion

 

FREEDOM OF RELIGION IN INDIA

There is a perception amongst some or many of us that since Christianity is a foreign religion it will be accepted in India if it is presented in the form of native cultures. This perception is the outcome of constant presser from majority religious community that Christianity a foreign religion has come to India with colonialism. It has disturbed the Indian culture. 

The fact is that Christianity is not a foreign religion in India. St Thomas, one of the disciples of Jesus Christ brought the gospel to India. Efforts to present Gospel in India in Indian form have been ridiculed by many majority community thinkers.[1] Similarly the notion that Christianity will strengthen foreign rule in India was as erroneous as the other two perceptions.

Therefore what is necessary for minority religious communities is freedom of religion as enshrined in the Indian Constitution. Freedom of religion in India is a constitutional privilege guaranteed to the entire citizens of this country. This paper analyzes the constitutional provisions that guarantee religious freedom to all the citizens of India particularly religious minorities in the context of Hindutva claims.

 

CONSTITUTION OF INDIA AND FREEDOM OF RELIGION

Indian Constitution is unique because “there is no provision in the Constitution making any religion the established ‘Church’ as some other Constitutions do.”[2] Although, essentially secular in spirit, “the secular objective of the State has been specifically expressed by inserting the word ‘secular’ in the Preamble by the Constitution (42nd Amendment) Act, 1976.”[3] Since the State is secular, freedom of religion is an inherent right. One of the objectives of the Indian constitution, as enshrined in the preamble, is ‘liberty of thought, expression, belief, faith and worship’.[4] The efforts to rewrite the constitution and the attempts to remove the word ‘secular’ from the constitution are challenges that threaten the Constitutional provisions of freedom of religion in India.

As per the constitution “the basis of citizenship in our country is not religion but residence in the territory known as India.”[5] This provision too recently came under threat when proposals were flouted to grant citizenship to all religious communities, except one from neighboring countries.

Apart from the preamble and the right to citizenship, the Fundamental Rights given in part III of the Indian constitution prevent any form of discrimination, particularly on the basis of religion.  Article fifteen prohibits discriminations of various short starting with religious.[6] Article sixteen guarantees equality of opportunity, irrespective of religious affiliation, in matters of public employment.[7] And article nineteen protects certain rights including freedom of speech and expression.[8]

Articles 25-28 are directly related to the freedom of religion. Article twenty five confers freedom of conscience and free profession, practice and propagation of religion.[9] Article twenty six guarantees freedom to manage religious affairs.[10] Article twenty seven prohibits payment of taxes for promotion of any particular religion.[11]  And article twenty eight is about freedom as to attend at religious instruction or religious worship in certain educational institutions.[12]

          Articles 32 and 226 make provisions for the enforcement of the Fundamental Rights in Part III of the Indian Constitution[13] at the instance of any person whose fundamental right has been infringed by any action of the State -executive or legislative; and the remedies for enforcing these rights are also guaranteed by the Constitution.[14]

While the Fundamental Rights in Part III are enforceable in the Courts the Directive principles are not.[15] They supplement fundamental rights in achieving the objective of welfare state.[16] The idea of equality of citizens is implicit in the Directive Principles. 

Next in the order of Constitutional provisions for freedom of religion are the fundamental duties. They point ‘to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women and to develop scientific temper, humanism and the spirit of inquiry and reform.’[17] Particularly, article 51-A casts duty on every citizen to promote communal harmony and spirit of brotherhood among all people of the country.[18]

Articles 29-30 pertain to cultural and educational rights, specifically to the minorities. Article twenty nine protects their culture and their admission into state maintained educational institutions.[19] And article thirty confers right of minorities to establish and administer educational institutions.[20] It needs to be remembered that minorities under Article thirty are religious and linguistic.[21] It is worth noticing the wisdom of the constitution in protecting the religious, cultural and linguistic rights of all the citizens of this country. It nullifies the efforts to promote one language, one culture and one religion.

 

SECULAR AND CHRISTIAN VOICES

 The Constitution of India does not define the term ‘secular’ but the state of confusion has been set at rest by authoritative pronouncements made by the Supreme Court, in a nine-Judge decision.[22] P. N. Sapru explains the scope of freedom of religion in Indian constitution, as “obviously, our secular State has no religion of its own.  It cannot discriminate between individuals on the basis of religion.  No particular religion is entitled to any special patronage from it.  It is not open to it to make laws which compel the acceptance or abandonment of any creed or belief.”[23] In the words of Eddy Asirvatham, “if India is to be a truly secular and democratic State, the government of the land should extend an even-handed treatment to people of all religions and of no religion.”[24] In simple language secularism in India demands religious neutrality of the government. 

State does not interfere in religious matters in a secular state. According to E. C. Bhatty “the essential basis of a modern secular State is the institutional separation of State and religion; it limits itself to the promotion of the secular welfare of the people, leaving religious life as areas of the intimately personal... without regulation by the State so long as it does not express itself against public morality and welfare.”[25] It is essential while aspiring for freedom of religion the religious activities of all communities should uphold public order, morality and health of the society.

Minorities, mainly, Christian, always argued that article twenty five of the Indian constitution provides inherently for the conversion of others. The Supreme Court of India has differed and declared ‘it does not include the freedom to convert’.[26] In view of the solemnity of the constitution and due respect to the judgment and keeping with the contextual realities of life, constitutionally the right question is whether people have the right to choose a faith of their choice.[27] What is needed is freedom to choose a religion of one’s choice and not the constitutionally nonexistent and practically inhuman power to convert others.

Christians see conversion as a means to liberation. According to V. Devasahayam, “the majority in any religion, apart from Hinduism, are the Dalits for whom the religious avenue was the only path available for social upliftment. They could not try anything else. Hinduism is a hierarchical religion, which lead to their enslavement.  Whenever they were looking for ways to escape from the enslaving Hinduism and whenever there were new religions promising equality they joined in large numbers.”[28] It was their freedom to choose a religion not any one converting them.

 Another issue raised by the Christians is that Christian Dalits are denied their privileges on the basis of religion.  James Massey states, “the Christians of the Scheduled Castes origin or Dalit Christians, form almost 75% of the population of Christians in India today, yet they are denied their rights promised under the constitution of India, due to the Constitution (Scheduled Caste) Order 1950, which restricts the rights and privileges guaranteed under the constitution to Dalits professing the Hindu faith.”[29] This order is against the spirit of freedom of religion. Change of religion is not change of status in the society.

Irrespective of all the debates, what is essential is freedom of religion, freedom to choose a religion of a person’s choice without losing her/his constitutional privileges inherent to her/his social status in the country. The debate on conversion is erroneous because no one has the right to convert the other. And choice of religion is freedom of conscience. And this has to be protected. What is unwelcome is fraud, force or inducement in the process of practicing freedom of religion with the privilege to choose a religion of one’s choice.

 

HINDUTVA AND FREEDOM OF RELIGION

RSS propagates Hindutva[30] ideology. Its claim that India is the land of Hindus[31] is based on a philosophy of a national culture.[32] RSS declares, “it does not compete in electioneering politics, nor has it any desire to share power.”[33] Nevertheless the political carrier of Hindutva is BJP. The other organs of RSS like VHP, Bajrang Dal and many others like Hindu Jagaran Munch and Hindu Munnani are floated for the specific purpose of pursuing a particular agenda of the Hindutva politics.[34] While division of people is inherent in the social system and India is known for its plurality, calling for one culture, one language, one religion and one identity is a mismatch.

According to Sangh Parivar “all the sects, the various castes in the Hindu fold, can be defined, but the term ‘Hindu’ cannot be defined because it comprises all.”[35]  They claim, “in a way, we are ‘anadi’, without a beginning.”[36]  Another claim is that “it is clearly written in our Constitution that the term ‘Hindu’ includes Sikhs, Jains and Buddhists which means that the expression ‘Hindu and Sikh’ is opposed to the constitution.”[37] For Sangh Privar the word “Hinduism is only a derivative, a fraction, a part of Hindutva."[38]  Religious absorption is an intrinsic aspect of Hinduism and Hindutva and it has paved the way for religious fundamentalism as in the case of Jarnail Singh Bhindranwale.

 The Sang Parivar sticks to the elements of caste. For them “pulling of swadharma and transplanting something else in its place will only result in utter chaos and degeneration.”[39] They try to rationalize poverty by saying that God comes in the form of poor to give us an opportunity to serve Him.[40] The fact is that the cast system nullifies the relevance of the most prominent philosophical/ theological notion that everything is one.

The majority complex, which is behind all the communal disturbances are vivid. They declare, “the cultural traits of the Hindus should be accepted in state actions because the Hindus are in overwhelming majority, and so their cultural traits form the national heritage.”[41] On the basis of it “all such groups who consider themselves distinct from this national ethos and cherish hopes and aspirations in opposition to the national ones and demand separate rights and privileges for themselves are to be called ‘communal’”.[42] India houses many religions and cultures. Hindu culture is not Indian culture. Imposing one particular brand of culture on culturally different sections of the society is against Indian constitution because it envisages preservation of different cultures.

Sangh Parivar’s inconvenience with freedom of religion is clearer in their proposal for positive secularism. They say, “Gandhiji’s Ram Rajya is based on that concept of toleration and universality which form the bed-rock of positive secularism that BJP advocates. In this positive secularism there is no appeasement of minorities.”[43] They oppose the real spirit of secularism and freedom of religion and desire for a kind of subjugation and dominance. For them “Nehruvian nationalism was based on minority appeasement to the exclusion of the majority community whereas positive secularism of the BJP envisages welfare of the minorities on the good will of the majority community, the Hindus, in much the same way as the minority welfare has functioned under the majority christian(sic) rule in christian(sic)countries or under the majority muslim(sic) rule in Islamic countries.”[44] Branding Indian secularism as pseudo- secularism and calling for positive secularism are conscious efforts to oppress the minority communities.

Sang Parivar are for a restricted form of freedom of religion to the minorities. In their view “the Muslims, Christians, and Jews etc., have perfect upāsanā swātantrya, freedom of worship so long as they do not seek to destroy or undermine the faith and symbolism of the national society.”[45] Further “they could bear witness to their faith in life and speech but they should not indulge in any unfair and unspiritual modes of conversion”[46] The outlook Parivar offers has room for all minorities on condition of their whole-hearted submission to the supreme value of the nation in their lives.[47] Valuing the nation is different from one religious community is forced to involuntarily valuing the religious values of other religions.

          Parivar’s attempt of re-conversion is clothed with nationalism. They argue, “it is our duty to call these our forlorn brothers, suffering under religious slavery for centuries, back to their ancestral home.”[48] Further “this is a call for all those brothers to take their original place in our national life.”[49] Again “this is only a call and request to them to understand things properly and come back and identify themselves with their ancestral Hindu way of life in dress, customs, performing marriage ceremonies and funeral rites and such other things.”[50] In reality, imposing a set of values on others leads to fundamentalism.

          The Sangh Parivar considers reservations given to the minorities as a political conspiracy. It is said “separatist consciousness breeding jealousy and conflict is being fostered in sections of our people by naming them Harijans, Scheduled Castes, Scheduled Tribes and so on and by parading the gift of special concessions to them in a bid to make them all their slaves with the lure of money.”[51] In fact anything that uplift the centuries old degradation of the lower castes is seen as appeasement.

           

FREEDOM OF RELIGION AND RELIGIOUS MINORITIES

Like the term ‘secular’ the word minority is also not defined in the constitution but it acknowledges two types of minorities namely religious and linguistic. The issues related to minorities particularly religious minority is very complex.  In a pluralist nation like India, listing a group as minority has its merits. Nevertheless the government of India has enormous responsibility in bringing about equality to all the citizens. Although there are varied forms of definition of the word minority the concern of religious freedom for the religious minorities is envisaged all through.

All the constitutional rights are for the entire citizens of India, but often it is misinterpreted to mean that the minorities are entitled to many extra privileges to the extent of challenging the security of the nation.

Another serious concern is when a person converts to Christianity he or she loses his or her government privileges. In a secular state considering the religious affiliation for government privilege need reconsideration. Another matter that bothers the minority is that the Hindutva forces always attempt to interrupt the good intentions of the government plans to improve the status of the minorities. The religious minority community is also often accused of disrespecting Hindu religion, culture, nation, religious heroes, etc.

          The Hindu communal ideology creates hatred against the Muslim community on false accusations. Similarly the Christian activities are severely charged with many allegations. Often the Sang Parivar prescribes behavioral norms to the Christian community in India. The privileges the Christian institutions are entitled to along with other religious minorities are seen as unwarranted. A particular religious community prescribing behavioral guidelines to other religious communities is not freedom of religion.

The Parivar are unable to accept the development of other religions. To tamper the development of other religious communities they confuse religion with nationalism. Although Hinduism has done all that was possible to assimilate and absorb Buddhism still the communal forces are viciously accusing it as traitor. 

The Indian constitution is committed to protect the interests of the religious minorities unlike the unhealthy determinations of the Sang Parivar. It is also crucial that all attempts to curb the minority religions needs to be challenged. In the context of freedom of religion, the tension between the preference for individual and collective freedom needs special attention.  Denial of freedom of religion amounts to denial of basic human rights. It can also obstruct all other freedoms.

 

SOME IMPORTANT CONSIDERATIONS

India, a true symbol of plurality, needs to uphold at any cost the secular spirit of the Indian constitution for the good of the country and for the citizens. Terming Indian secularism as Pseudo secularism and attempting to replace with positive secularism of Sang Parivar is destructive to the Indian multi-plural society. And it is a violent and willful attempt to destroy the spirit of secularism and an attempt to cloth secularism with communalism.

The attempt to review the constitution with a religious agenda is against the health of the nation. Hence there is a need to reiterate that ‘liberty of thought, expression, belief, faith and worship’ guaranteed in the constitution should be respected and upheld.

The attempt to name the citizenship of non-Hindus as secondary is against the constitution of India. Similarly asking non-Hindus to leave the country is against the multi-plural character of Indian society and against the citizenship guaranteed in the constitution. First and foremost all citizens of this country are Indian citizens and religion is secondary.

As the fundamental rights of the Indian constitution prohibit any kind of discrimination, including discrimination based on religion, the attempt to divide people on the basis of religion and specify opportunities on the basis of religious adherence violate the intent of the constitution and create disharmony in the society.

The constitution envisages equality (Directive Principles) and harmony (Fundamental duties) among the citizens. Hence all efforts to polarize people and offer unequal benefits on the basis of religion are contrary to the spirit of the constitution and they affect sustainable life.

The fear psychosis of the majority, that the minorities will outnumber them and create separate countries within India is unfound and highly motivated. This is aimed at curbing the rights and privileges of the minorities. In the highly communalized atmosphere minorities require adequate safeguards.  At the same time minorities should respect the constitution and function accordingly without infringing fundamental rights and duties. Minority institutions should function within the ambit of Indian constitution.

 The call that, “Rama and Krishna may be appreciated by non-Hindus as secular examples while the Hindus will see them as full spiritual exemplars (avatars).”[52] is   another attempt to force other religious communities into a certain form of thought.

Under no pretext, caste elements should be rationalized and poverty justified. Rather all efforts should be taken to promote fullness of life. Swami Dharma Theertha writes “the revival of Caste-Raj in any form is the greatest menace of the present crisis which all liberty-loving people, Hindus, Sikhs, Muslims and Christians, should unite in combating.”[53] As long as caste oriented schemes exists in all realms of life, including religious, all our philosophies and theologies becomes meaningless.

Most of the arguments of the proponents of Hindutva, particularly Golwalkar are flimsy and often conjectures and are based on myths. Their double stands in asking others to respect Hindu religion and culture but refusing to respect other faiths are unreasonable. It is like a defeated psyche over acting beyond proportions to the level of betraying the tendency to dominate others.

The legislation of freedom of religion bills in a few states of India on the grounds that conversions are carried out by force and fraud is unproved. In the same line, more agonizing aspect of the Sang Parivar is the politicization of religion. Capitalizing on communal politics is an erroneous way of gaining political mileage in a country, which houses many living religious traditions.

The Hidutva’s claim for re-conversion and their opposition to people converting from one religion to another require serious consideration. It is unconstitutional to impose any form of conversion. At the same time unrestricted freedom of religion to choose religion of one’s own choice is the spirit of constitution.

As religion influences the daily life of people the issue of freedom of religion can be pursued from the perspective of peoples’ struggle for a sustainable life in a multi-plural context, like India. In the words of Swami Dharma Theertha “the only way to unite the different communities of India into a united nation is to hold up before them a glorious social ideal worthy of their highest dedication and willing sacrifice.”[54] He further writes, “the meaning and content of political independence has to be supplied in the form of social liberty, equality of opportunities, economic justice, freedom of faith and other rights, equities and values of daily life which will make national unity a proud asset of every individual and will create in him the consciousness of a common destiny.”[55]

          India cannot, at any cost, lose democracy, secularism and freedom of religion which are provided to all the citizens of this country by the greatest wisdom of the framers of the Indian Constitution. We do not subscribe to present the Gospel as a particular community forcefully demands rather we stand for freedom to present the Gospel as it is subject to the provisions of the Indian Constitution because we are not propagating a foreign religion or we are not citizens of other country.

         

 

 



[1] See

[2] Durga Das Basu, Introduction to the Constitution of India, 19th ed. Reprint (Nagpur: Wadhwa and

 Company, Law Publishers, 2003), 27.

[3] Durga Das Basu, Introduction to the Constitution of India, 19th ed. Reprint (Nagpur: Wadhwa and

 Company, Law Publishers, 2003), 27.

[4] Durga Das Basu, Introduction to the Constitution of India, 19th ed. Reprint (Nagpur: Wadhwa and

 Company, Law Publishers, 2003), 21.

[5] P.N. Sapru, “Religious Freedom and Civil Liberties,” in Religious Freedom, edited by J.R. Chandran, and M. M. Thomas, (Bangalore: The Committee for Literature on Social Concerns, 1956),8.

[6] P.M. Bakshi, The Constitution of India with Selective Comments (New Delhi: Universal Law

Publishing CO. PVT. LTD., 1998), 22-23.

[7] P.M. Bakshi, The Constitution of India with Selective Comments (New Delhi: Universal Law

Publishing CO. PVT. LTD., 1998), 24-25.

[8] P.M. Bakshi, The Constitution of India with Selective Comments (New Delhi: Universal Law

Publishing CO. PVT. LTD., 1998), 28-29.

[9] For a full discussion on Article 25 see

[10] P.M. Bakshi, The Constitution of India with Selective Comments (New Delhi: Universal Law

Publishing CO. PVT. LTD., 1998), 49.

[11] P.M. Bakshi, The Constitution of India with Selective Comments (New Delhi: Universal Law

Publishing CO. PVT. LTD., 1998), 50.

[12] P.M. Bakshi, The Constitution of India with Selective Comments (New Delhi: Universal Law

Publishing CO. PVT. LTD., 1998), 50.

[13] C.P. Barthwal, “Human Rights and India,” in Perspectives on Human Rights, edited by M. B. Dube

 and Neeta Bora (New Delhi: Anamika Publishers & Distributors (P) LTD., 2000), 78.

[14] Durga Das Basu, Introduction to the Constitution of India, 38.

[15] Durga Das Basu, Introduction to the Constitution of India, 38.

[16] P.M. Bakshi, The Constitution of India with Selective Comments, 69.

[17] P.M. Bakshi, The Constitution of India with Selective Comments, 69.

[18] C.P. Barthwal, “Human Rights and India,” in Perspectives on Human Rights, 78.

[19] P.M. Bakshi, The Constitution of India with Selective Comments,51.

[20] P.M. Bakshi, The Constitution of India with Selective Comments,52.

[21] Pannalal Dhar, India and Her Domestic Problems: Religion State and Secularism

(Calcutta: Punthi- Pustak, 1993), 157.

[22] Durga Das Basu, Introduction to the Constitution of India, 116-117.

[23] P.N. Sapru, “Religious Freedom and Civil Liberties,” in Religious Freedom,  6.         

[24] Eddy Asirvatham, “ Religions and the Unity of India,” in Religious Freedom, edited by J.R. Chandran,

            and M. M. Thomas, (Bangalore: The Committee for Literature on Social Concerns, 1956),22.    

[25] E. C. Bhatty,  “Religious Minorities and the Secular State,” in Religious Freedom, edited by J. R.

Chandran,  and M. M. Thomas, (Bangalore: The Committee for Literature on Social Concerns, 1956), 74.

[26] Ebe Sunder Raj, National Debate on Conversion (Chennai: Bharat Jyoti, 2001) 4.

[27] Ebe Sunder Raj, National Debate on Conversion (Chennai: Bharat Jyoti, 2001) 4.

[28]V.Devasahayam, “Theological Reflections on Charting a New Course for Churches in Dalit

Struggles,” National Council of Churches Review cxxiv/4 (April, 2004): 39.

[29] James Massey, “Why the Fundamental Rights of Dalit Christians should be restored?,” NCC Review cxxv/3 (April, 2005): 10.

[30] Vinayak Damodar Savarkar, Hindutva: Who is a Hindu?, 6th ed. (New Delhi: Bharti Sahitya Sadan,

1989), 81.

[31] Vinayak Damodar Savarkar, Hindutva: Who is a Hindu?, 6th ed. (New Delhi: Bharti Sahitya Sadan,

1989), 82.

[32] M.A. Venkata Rao, “Introduction”, in M.S. Golwalkar, Bunch of Thoughts, 3rd ed., Reprint

(Bangalore: Sahitya Sindhu Prakashan, 2000), xiv.

[33] M.S. Golwalkar, Bunch of Thoughts, 3rd ed., Reprint (Bangalore: Sahitya Sindhu

Prakashan, 2000),  172.

[34] Ram Puniyani, Fascism of the Sangh Parivar (Delhi: Media House, 2000), 9.

[35] M.S. Golwalkar, Bunch of Thoughts, 54.

[36]M.S. Golwalkar, Bunch of Thoughts, 54.

[37]M.S. Golwalkar, Bunch of Thoughts,106.

[38] Vinayak Damodar Savarkar, Hindutva: Who is a Hindu?, 3.

[39] M.S. Golwalkar, Bunch of Thoughts, 65.

[40]M.S. Golwalkar, Bunch of Thoughts, 37.

[41] Pannalal Dhar, India and Her Domestic Problems: Religion State and Secularism, 104.

[42] M.S. Golwalkar, Bunch of Thoughts, 164.

[43] Pannalal Dhar, India and Her Domestic Problems: Religion State and Secularism, 56. 

[44] Pannalal Dhar, India and Her Domestic Problems: Religion State and Secularism, 120.

[45] M.A. Venkata Rao, “Introduction”, in M.S. Golwalkar, Bunch of Thoughts, xv.

[46]M.A. Venkata Rao, “Introduction”, in M.S. Golwalkar, Bunch of Thoughts, xv.

[47] M.A. Venkata Rao, “Introduction”, in M.S. Golwalkar, Bunch of Thoughts, xiv.

[48] M.S. Golwalkar, Bunch of Thoughts,128.

[49] M.S. Golwalkar, Bunch of Thoughts,128.

[50] M.S. Golwalkar, Bunch of Thoughts,  129.

[51] M.S. Golwalkar, Bunch of Thoughts, 110.

[52] M.A. Venkata Rao, “Introduction”, in M.S. Golwalkar, Bunch of Thoughts,  xv.

[53] Swami Dharma Theertha, History of Hindu Imperialism, 5th ed. (Madras: Dalit Educational Literature

Centre, 1992),276.

[54] Swami Dharma Theertha, History of Hindu Imperialism, 205.

[55] Swami Dharma Theertha, History of Hindu Imperialism, 206.

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