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Why India Is Not A Secular State
The world community has rightly regarded Pakistan and Bangladesh as examples of theocratic states practicing policies of harsh discrimination against Hindus and other minorities. Sri Lanka’s Singhala-centric policies have generated gross discrimination against its Tamil citizens. Beyond India’s South Asian neighbourhood, numerous Islamic states such as Afghanistan and Saudi Arabia follow unjust policies toward minorities of all kinds that are an affront to civilized values everywhere and at all times. India in contrast is seen as a shining example of a secular state.
With the Republic Day just gone by, it is time to ask: But is India really a secular state?
I do not think so.
Political secularism may be defined as the separation of religious activities from those of the state, customarily referred to as "the separation of church and state" in the west. Secularism in theory then would mean that religion and state cannot occupy the same space. The state in its governmental capacity does not promote any religion or religious group, nor does it intervene in religious affairs. It cannot even be involved in interpretation or "reform" of any religion much less favour one over any other. This model of secularism may be characterized as maximum separation between state and religion except on manifest grounds of morality, health, and public order. Theoretical formulation, interpretation, and implementation of secularism have varied in several countries. In Indian context, the votaries of Hindutva equate it with appeasement of minorities, thus "pseudo-secularism." Apologists of Indian secularism call it "religious equi-distance, not non-involvement," meaning that Indian state is neutral between religions and religious communities.
I demonstrate that in practice, Indian state actually privileges Hinduism over other religions and religious communities. The Indian state is in fact the defender of the dharma for the following five reasons.
1: Constitutional Discrimination
Article 25 (2) of the constitution calls for providing "social welfare and reform and throwing open of Hindu religious institutions of public character to all classes and sections of Hindus." India’s constitution does not define who or what is a Hindu, but it defines followers of Buddhism, Jainism and Sikhism as Hindus for purposes of Hindu temple entry. Article 25 (2) (b) (Explanation II) states: "the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion…"
Isn’t this the concern of Brahmin establishment to allow or disallow whoever they deem fit to enter a temple? Why should a secular state be concerned with the social welfare of only one religion? The motive of the constitution writers was obvious: to prevent the conversion of Dalits to Christianity or Islam, to "reform" Hinduism to make it palatable to the former untouchables.
The Hindu Marriage Act of 1955 applies to
(a) any person who is a Hindu by religion in any of its forms and developments, including a Virashaiva, a Lingayat or follower of the Brahmo, Prarthana or Arya Samaj;
(b) to any person who is a Buddhist, Jain or Sikh by religion, and
(c) to any person domiciled in the territories who is not a Muslim, Christian, Parsi or Jew by religion.
In other words, legally there is no such thing as a Buddhist, Jain, or Sikh marriage, which is another attempt to deny other religions a distinctive identity and absorb them in the Hindu fold. The Office of the Registrar General that conducts the decennial census enumerates anyone who is not a Christian, Muslim or Parsi as Hindu, most particularly in tribal areas, in pursuance of a policy of Hindu by default to inflate the religious majority.
Article 290A of the Constitution, which was added in 1956, provides for Kerala state funds to be paid for the upkeep of Hindu temples and shrines in the territories of former princely state of Tranvancore. What state but a denominational one would spend government funds to promote a particular religion?
[As an aside, a forest has been destroyed in arguing for a uniform civil code as opposed to Muslim Personal Law and the issue of Haj subsidy. But perhaps I can save those issues for a full discussion at a different time]
2: Legislative Discrimination
Although freedom of religion is granted under the constitution’s Article 25 (1), a Congress government of Madhya Pradesh pioneered anti-conversion legislation during the heyday of Nehru in 1954. Since then as many as 7 state legislatures (Arunachal, Chhattisgarh, Gujarat, Himachal, Orissa, Rajasthan and Tripura) have passed laws severely restricting conversion from Hinduism to other religions while facilitating conversion to Hinduism.
In 1982, when a few hundred Dalits embraced Islam in Meenakshipuram, the central government took measures to curb conversions. No less than Indira Gandhi characterized conversions as a threat to national security.
Christian missions and churches have been under attack since decades, often with state complicity as demonstrated in August-September 2008 in Orissa and Karnataka.
Hundreds of mosques are in illegal possession nationwide including in New Delhi, where scores are occupied by the central government.
It was a Congress government that first locked up the Babari Mosque in 1949 by court order effectively converting it into a Hindu temple. What began under Nehru was successfully completed by Narasimha Rao in 1992 through the Mosque’s destruction under the very nose of army, paramilitary and police. It is ironic that the Indian state is ready to deploy army to flush out Sikh insurgents from Golden Temple and Muslim rebels from Charar-i Sharif, but not protect Babari Mosque from the Hindu mobs’ jack hammers.
The states of Gujarat and UP spent government funds to rebuild the Somanatha Temple around the same time when Babari Mosque was locked up. It was President Rajendra Prasad who inaugurated the rebuilt temple in 1951 amidst official fanfare.
3: Employment Discrimination
Article 16 (2) of the constitution prohibits discrimination in public employment on religious grounds. Yet there are numerous examples of outright discrimination. Per Presidential orders of 1950 and 1956 the beneficiaries of Scheduled Castes’ reservation can only be Hindus, Sikhs and Buddhists but not Christians and Muslims. If an SC changes religion after obtaining employment or admission to school, he or she must forfeit job and withdraw from school as has happened in numerous instances. But if the SC reverts to Hinduism, he or she can resume his/her status as an SC as courts have ruled.
Discrimination in Army
Right after 1947, Kashmir’s predominantly Hindu army was absorbed in the national army; whereas Hyderabad’s largely Muslim army was disbanded, rendering nearly 20,000 jobless. The Indian army’s infantry regiments are still based on religion (Sikh regiments), or ethnicity (Gorkha) or caste (Rajput) or region (Garhwal) in which members of other faiths, ethnicities, and regions are barred.
While a bearded Sikh may become chief of the army staff as did Gen. J.J. Singh, a Muslim may not sport beard in any of the armed forces. Only Jhatka is served in army messes and langers forcing Muslims to become vegetarian. A Hanuman temple greets visitors upon entering virtually every cantonment in the nation, hinting non-Hindus that they don’t belong there. In their public addresses to the soldiers and officers, at least two army chiefs—Generals B.C. Joshi and Shankar Roy Chowdhury—have used references to Hindu scriptures to the exclusion of the Quran and the Bible.
4: Cultural Discrimination
There are numerous examples where Hindu culture is conflated with Indian culture. The ban on cow slaughter deprived thousands of butchers their livelihood even as it stole millions of poor their only source of inexpensive protein. Cow may be sacred to the upper castes, but not so to the Christians, Dalits, and Muslims. Food taboos of some higher castes do not end at beef. Beyond beef, eggs may not be sold publicly by court order as it offends some caste sensibilities. Nor can school children bring food of their choice if it offends Hindus.
Official functions of the government whether at the central or state levels often commence with Hindu ceremonies of lighting lamps, breaking coconuts, and recitation of slokas. There is no disapproval to the fact that functions of central and state ministries of education begin with Sarasvati vandana .
In September 1993, Air India took delivery of a Boeing 747 in Seattle, Washington where the Ramakrishna Mission performed a puja invoking Lord Ganesha. Ministers lay foundation stones of government buildings preceded by bhoomi puja ceremony as if the state belongs only to Hindus. In Vishakhapatnam, I witnessed a ship launch amid saffron-robed, ashen faced sadhus singing bhajans, a function nearly mistaken as a Hindu festival.
In a trip to the United States in 1984, AP Chief Minister N.T. Ramarao found nothing objectionable in spending government funds for distributing medallions with Sri Venkateshwara’s image among potential investors in his state.
A large stone image of a reclining Vishnu located at the entrance to the IGP’s headquarters in Bangalore is more fitting for a temple than a secular state’s police building. Almost every police thana in West Bengal has a Kali temple, none has a mosque in a state with nearly 30 percent Muslim population. Muslim police trainees in Andhra Pradesh,
School children in Gujarat, Maharashtra and numerous other states have been forced to perform Surya namaskar against their will. Government school texts in Hindi and regional languages assume all pupils to be Hindu as the contents are soaked with idioms, phrases, signs, symbols, and icons of Hinduism to the exclusion of material from other religions and cultures. Textbooks of history and social studies are replete with gross distortions of Indian history of all eras, ancient, medieval and modern, in which Muslims and Christians are invariably the villains, traitors and foreigners.
Until the advent of television in the 1980s, All India Radio was the main source of information and entertainment to middle classes. The government-controlled AIR began its programs with Vande Mataram, Mangala dhwani, Vandana, and Hindu lyrics. Rarely did AIR broadcast anything pertaining to Christian or Muslim cultures. Like the AIR, during its heyday, seldom does Door Darshan show any serials of Muslim or Christian character. When it broadcasted serials of historical or literary figures—Tipu Sultan, Ghalib—they were caricatured into modern stock characters stripped of their distinctive cultural identity.
5: Religious Pogroms
Finally no modern, secular democracy other than India experienced multiple, state-sponsored pogroms—that of Sikhs in 1984 and of Muslims in 2002. In both instances, the highest in the Executive branch of the government justified the pogroms: Rajiv Gandhi when his mother was murdered; and Narendra Modi when the train burned in Godhra.
For all these five reasons, India is not a secular state. It is in fact the defender of Hindu dharma.
www.outlookindia.com | Why India Is Not A Secular State
I think this should close the debate.......
Err.... Not so fast. We are not as gullible as you prefer. You deliberately left out a response to the article posted by you, simply because it is inconvenient to the argument proposed.
Therefore, it befalls me to add that article before as suggested by you, "we close the debate".
India, Secularism, Whatever
It is unfortunate that someone like Dr Omar Khalidi would indulge in such sophistry, selectively pick and choose dots to create an ugly picture and then present it as reality. It is the same methodology as is used by Islam-bashers to conclude that Islam equals terrorism...
Mohib Ahmad
India is not a secular country. India does not treat all its religions equally. For example:
India allows Muslims, Christians, Jews and Parsis to manage their civil affairs according to their respective religious laws. But it places restrictions upon how Hindus, Sikhs, Buddhists and Jains can manage theirs. Indian Parliament even overturned a Supreme Court ruling to appease Muslims.
The Indian government annually subsidizes -- to the tune of Rs 413 Crore -- the annual Haj journey for Muslims to go to Saudi Arabia.
Andhra Pradesh government sponsors a Rs 2 Crore religious junket for Christians to Bethlehem.
Aligarh Muslim University is allocated an annual budget -- Rs 245 Crore -- that is one of the highest for any university in India. However it still allows the central university to retain its distinct Muslim character. All dining halls serve halal meat and no space is available for Hindu religious congregation. Same goes for Jamia Millia Islamia.
Indian Muslims can have multiple wives but people belonging to other religions can’t unless they convert to Islam. Indian Muslims can utter talaq three times and get over with it whereas others need to go through tedious court proceedings.
One could go on and on in similar vein.
All the statements listed above are true. Therefore, I conclude that India is not a secular country -- rather it is, in fact, a defender of monotheistic religions, particularly Islam.
***
It is easier now to understand the fallacy of Dr. Omar Khalidi’s argument, such as it is, in his essay Why India Is Not A Secular State.
He selectively picks and chooses dots to create an ugly picture and then presents it as reality. It is as if Dr. Khalidi has come up with a checklist of carefully drawn items that he keeps checking till he reaches the conclusion that India is not secular. It is the same methodology as is used by Islam-bashers to conclude that Islam equals terrorism. It is the same exercise as is undertaken by Hindutva extremists to prove that the Indian state appeases Muslims. It is, therefore, unfortunate that someone like Dr. Khalidi, who has in the past produced important works like Muslims In Indian Economy and Khaki And The Ethnic Violence In India would indulge in such sophistry.
Dr. Khalidi quotes Hindu Marriage Act (1955) to buttress his claim for legislative preference shown to Hinduism. In reality, some of the biggest critics of the Act were conservative Hindus, including Rashtriya Swayamsevak Sangh (RSS), leaders. If the Act was just an attempt to co-opt Sikhs, Jains and Buddhists into the fold of Hinduism, as Dr Khalidi suggests, wouldn’t Hindu leaders have welcomed it with open arms? Dr. BR Ambedkar in fact resigned from the union cabinet in October 1951 apparently because of the stringent opposition to Hindu Code Bill (the precursor to Hindu Marriage Act). It was not until after the 1952 elections that Nehru became strong enough to push through the Bill again.
It is not by accident that all "Indic religions" have been slotted together under Hindi Marriage Act and those originating outside India were left out from its purview. It was a common-sense approach to take at that time and, if anything, it did not go far enough. If Sikhs, Buddhists and Jains think that they have been co-opted within the larger fold of Hinduism then its evidence is certainly hard to find. In an ideal situation, there would be one civil law for all religions as laws should be the same for all citizens. However the nation that had then recently seen, at the time of Partition, thousands die on the question of religion, did not want to push through a Uniform Civil Code on to a vulnerable Muslim community lest it were seen as an example of Hindu domination. Unfortunately, the issue has been communalised so much since then that it is difficult to even have a debate on it now. Eventually India will move towards a Uniform Civil Code and it will then have to thank the Hindu Marriage Act for paving the way.
Dr. Khalidi talks about the anti-conversion measures passed by various state governments. I have my concerns about such legislations, as do many other Indians. It is absolutely right that such laws infringe upon the freedom of religion. But the question of infringement on the right of an individual to choose a religion arises only because that individual right is enshrined in the constitution. These battles can be fought and will be won in courts.
Dr Khalidi also brings up the subject of reservations in jobs and educational institutions for Schedule Castes (SCs). It is another contentious issue -- those who convert to Christianity or Islam are denied benefits which were previously available to them. Personally, I am against reservations and I think India should be moving away from a reservation based system. However it is important to note that a similar clause for Scheduled Tribes (STs) does not exist and let's not forget that there are Scheduled Tribe Muslims as well in India.
Dr. Khalidi also makes much of General JJ Singh sporting a beard whereas Muslims servicemen are not allowed to do the same. It is interesting that Dr. Khalidi quotes the example of General Singh, a Sikh, and not any Hindu General to support his argument. Simply because there cannot be any Hindu General sporting a beard either, just as there won’t be a Muslim General with beard. Actually, by default, no one can sport a beard in Indian Armed Forces except for Sikhs. One could argue about the merits of this policy and whether it is biased in favour of Sikhs but it is hardly a case of the Indian state favouring Hindus and discriminating against Muslims, the basic premise of Dr. Khalidi’s essay. In Indian Navy, for example, anyone can sport a beard after taking permission from senior officers.
Cultural discrimination is a complex issue and not simply an issue of one religion being given preference over others as Dr. Khalidi presumes it to be. Does he cry foul when government-sponsored iftars are hosted? Or when Eid Milad-un-Nabi gets declared a national holiday by VP Singh? What about the Indo-Islamic Culture course that is a requirement at 10+2 level at Aligarh Muslim University?
His assertion that Door Darshan does not broadcast any serial of Muslim or Christian characters is blatantly incorrect. What about Alif Laila, Mullah Naseeruddin and Bibli Ki Kahaniyan? And to dismiss Tipu Sultan and Mirza Ghalib as stock characters! Oh please. Kaifi Azmi must be turning in his grave and Gulzar has a good case for litigation.
***
Dr. Khalidi in his article fails to understand the complexity of Indian society and the nature of the Indian state. Just as Dr. Khalidi can quote selective examples to prove India is not a secular state but predisposed towards Hinduism, other selective examples can be used to "prove" that indeed India is not a secular state but one predisposed towards Islam. This just goes to show that the reality lies somewhere in between. Unfortunately, Dr. Khalidi reduces the essence of secularism and tolerant Indian ethos to a checklist of randomly selected items.
It is obvious that there are major issues facing India that need to be addressed. However all those can be addressed within the Indian constitutional framework. Aftab Ahmad Ansari, an aircraftsman of Indian Air Force, might not have yet got permission to wear a beard but cases such as his will ensure that eventually India will implement a more balanced policy on the issue. Similarly on other thorny issues of religious conversions and reservations, a consensus will emerge when we start treating an individual as the only minority and get out of our preconceived majority-minority paradigm. Same goes for the Uniform Civil Code. It is easy for Dr. Khalidi to dismiss UCC and Haj Subsidy as an aside but those issues severely undercut his major premise that Indian state is predisposed towards Hinduism. And if that were the case, then surely the Indian state has done a very poor job at that with a Sikh Prime Minister and a Catholic leader at the top for the past 5 years!
It would have been too easy for Dr. Martin Luther King and other civil rights activists to conclude that United States was a racist country, wash their hands off and emigrate to Jamaica. In that case the world would have never seen Barack Obama. Indian Muslims, by any stretch of imagination, are not in the same discriminatory situation as blacks were in USA. The community would do well not to pay heed to Dr. Khalidi who, instead of encouraging them to strive for their rights, if and when denied, within a democratic set-up, is curiously bent on proving that they don’t have a chance anyway. Dr. Khalidi’s essay is an affront to all those Indians who are fighting for the rights of fellow Indians -- including those Indians who suffered in Delhi 1984 and Gujarat 2002 -- every day to make India a better country. It is an insult to millions and millions of Muslims -- like my grandfather -- who chose to stay in India because they believed in the idea of India.
When the French writer Andre Malraux asked Jawaharlal Nehru in 1958 about his "greatest difficulty since Independence," Nehru had replied, "Creating a just state by just means". He then added: "Perhaps, too, creating a secular state in a religious country."
Indian state is a work in progress but the foundations are right. The champions of modern Indian state fought hard to create a secular democratic state. India will remain secular as long as the people of India -- you, me, and everyone -- choose it to be. It doesn’t help a bit to start with a position that says India is not a secular country. It is the responsibility of all Indians to ensure it stays secular and Indian Muslims need to do their bit as equal stakeholders in the future of the country.
Mohib Ahmad is the founder of Indian Muslims Blog, a group blog dedicated to discussing issues concerning Indian Muslims.
www.outlookindia.com | India, Secularism, Whatever