Secularism and the Indian Constitution
The Supreme Court of India recently reaffirmed the fundamental principle of secularism as part of the basic structure of the Constitution. Despite its importance, the need to restate this principle highlights ongoing challenges to secularism in India.
Context of the Reaffirmation
- The reaffirmation was in response to a petition regarding the Mysuru Dasara festival.
- The Karnataka government invited International Booker Prize-winning Kannada writer Banu Mushtaq, a Muslim, to inaugurate the festival at the Chamundeshwari Temple.
- Although the festival is a State-sponsored cultural event, the petition alleged that her participation violated Articles 25 and 26 of the Constitution, which ensure freedom of religion.
Court's Decision
- The petition was dismissed by a Bench of Justices Vikram Nath and Sandeep Mehta.
- The Court clarified that the Dasara festival is a State event, not a private religious ceremony.
- It emphasized that the State cannot discriminate based on religion in public events.
- The Court highlighted the importance of the Constitution’s Preamble, promoting equality and secularism.
Implications of the Decision
- The Karnataka High Court supported the decision, stating that participation by individuals of different faiths does not violate constitutional rights.
- The constitutional right to practice religion cannot be used to restrict others from participating in religious practices.
- Restricting public gathering participation based on religion is indefensible in a pluralistic society.
- Historically, festivals have united India's diverse population, often overcoming social barriers.
Challenges to Secularism
Despite the shared cultural heritage and acceptance among political parties, some political opportunists exploit religious harmony, creating communal rifts. The Supreme Court's stance calls for accountability of such divisive forces.
