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Judiciary and Secularism: Challenges in Preserving Harmony

Syllabus:

GS-1:

Diversity of India , Secularism

Focus:

Recent judicial interventions regarding religious places, despite the binding provisions of the Places of Worship Act, 1991, have sparked concerns about the erosion of secularism and judicial consistency. This has intensified societal divisions and raised questions about the judiciary’s role in upholding constitutional commitments.

Understanding the Significance of the Places of Worship Act, 1991:

• Enacted to protect India’s constitutional values, the Act prohibits altering the religious character of places of worship as they existed on August 15, 1947.
• Key Provisions:
  • Section 3 bars conversion of any religious place’s character.
  • Pending suits related to such conversions are abated.
  • Institution of fresh legal cases on this matter is prohibited.
• Aimed at ensuring secularism and religious equality, the Act binds both citizens and the state to preserve the harmony and prevent the misuse of historical wrongs for contemporary conflicts.
• The Supreme Court, in the Ram Janmabhoomi case, upheld the Act, categorically declaring it constitutionally valid.
• The Court emphasized healing historical injustices without letting them oppress present and future generations.

Secularism: Meaning and Significance

• Definition: Secularism refers to the separation of religion from political, economic, social, and cultural aspects of life, treating religion as a personal matter.
• A secular individual derives moral values from rational and scientific thinking, not religion.
• It promotes equal opportunities, non-discrimination, and tolerance for all religions.

Historical Roots of Secularism in India:

• Ancient India welcomed diverse spiritual traditions, fostering religious plurality through Vedas and Upanishads.
• Emperor Ashoka advocated religious tolerance in his Rock Edicts.
• Sufi and Bhakti movements (e.g., Kabir, Guru Nanak) emphasized love and harmony.
• Akbar’s policy of ‘sulh-i-kul’ encouraged peace among religions and forbade forced conversions.
• Leaders like Babar and freedom fighters strengthened the ethos of religious coexistence.

Philosophy of Indian Secularism:

• Indian secularism aligns with ‘Sarva Dharma Sambhava’, respecting all religions equally.
• Unlike Western secularism, Indian secularism accommodates religious plurality for peaceful coexistence.
• Promoted by figures like Swami Vivekananda and Mahatma Gandhi as ‘positive secularism’.

Constitutional Provisions:

• Preamble: Declares India as a secular state, ensuring no state religion.
• Fundamental Rights: Articles 14, 15, and 16 ensure equality and prohibit discrimination on religious grounds.
• Religious Freedom: Articles 25-28 guarantee freedom of conscience, religious practice, and no state-enforced religious taxation.
• Cultural Rights: Articles 29 and 30 protect minority educational and cultural rights.
• Fundamental Duties: Citizens are obligated to promote harmony and preserve cultural heritage.

Relevance of Secularism in India:

• Ensures peaceful coexistence in a diverse religious landscape.
• Addresses communal tensions and promotes national integration.

Judicial Interpretation and Non-Compliance:

• Despite the SC’s clear verdict in 2019, legal proceedings challenging the character of various mosques across India have been entertained.
  • Example: Cases in Varanasi, Mathura, Sambhal, and Ajmer.
• Earlier rulings from the Allahabad High Court contradicting the Act were set aside by the SC, affirming its binding nature.
• In Ram Janmabhoomi, the SC described the destruction of the Babri Masjid as a severe violation of the rule of law.
• However, subsequent actions by district and high courts, alongside the SC itself, undermine its prior rulings.

Erosion of Secularism and Rule of Law:

• Judicial leniency towards cases violating the Act risks fueling communal discord.
• Courts’ decisions resonate with the political agendas of those in power, deepening societal divides.
  • Issues like “love jihad,” “land jihad,” and mob lynching aggravate tensions.
  • Sambhal witnessed the tragic loss of four lives due to the judiciary’s perceived inaction or actions.
• Selective implementation of court orders by governments reflects a troubling trend:
  • Prompt enforcement of decisions favoring majoritarian narratives.
  • Delays in executing rulings that benefit ordinary citizens.

Insights from Constitutional Framers:

• Sardar Vallabhbhai Patel (1949):
  • Emphasized the majority’s responsibility to consider minority sentiments.
  • Advocated for fairness and inclusivity to prevent alienation of minority communities.
• R. Ambedkar (1946, 1949):
  • Warned against any attempts to resolve Hindu-Muslim conflicts through coercion or war.
  • Highlighted that minority survival depends on the majority’s commitment to non-discrimination.
  • Advocated harmony and equality for sustaining democracy.

The Judicial Role in Upholding Constitutional Morality

• The judiciary is the custodian of constitutional values and has the duty to act impartially.
• By entertaining cases barred under the Places of Worship Act, courts risk eroding public trust in their independence.
• Contradictions in rulings undermine the judiciary’s credibility and embolden those seeking to exploit communal fault lines.
• A consistent and principled approach is essential to reinforce the rule of law and protect secularism as a basic feature of the Constitution.

Strengthening Institutions to Safeguard Secularism

• Institutions like the judiciary, legislature, and executive must work cohesively to preserve secularism.
• Encouraging judicial accountability through regular review of judgments that affect fundamental rights can prevent misuse of power.
• Civil society and media have a role in promoting awareness about the importance of the Places of Worship Act.
• Collaboration between state and community leaders can foster dialogue, reduce tensions, and ensure peaceful coexistence.

Challenges:

• Undermining of the Places of Worship Act: Courts entertain cases that violate the Act’s provisions, leading to judicial inconsistency.
• Erosion of Secularism: Frequent litigation on religious places deepens communal divisions and weakens secular values enshrined in the Constitution.
• Judicial Overreach: Some rulings contradict prior Supreme Court judgments, causing confusion and diluting the judiciary’s credibility.
• Politicization of Judiciary: Political interests influence judicial decisions, often aligning with the ruling party’s agenda.
• Rising Communal Tensions: Controversial court decisions exacerbate societal divides, resulting in events like mob lynching and other forms of violence.
• Delayed Justice: Cases benefiting common citizens often face significant delays, contrasting with swift action on politically charged matters.
• Lack of Institutional Cohesion: Fragmentation among legislature, executive, and judiciary undermines collective action to uphold constitutional values.

The Path Forward: Prioritizing Peace and Development:

• India’s progress—social, economic, and political—rests on fostering unity, not division.
• Violence and communal strife hinder prosperity, making peace indispensable.
• Responsibility lies with all arms of governance:
  • Legislature: Reinforce secular values through policies and laws.
  • Executive: Ensure fair implementation of court rulings.
  • Judiciary: Uphold constitutional principles and enforce its own precedents.
• Collective efforts are vital for achieving the constitutional vision of justice, equality, and fraternity for all citizens.
• Judicial Accountability: Courts must uphold prior rulings to ensure consistency and protect constitutional values.
• Reaffirming Secularism: Strict adherence to the Places of Worship Act to preserve harmony and equality among communities.
• Timely Justice Delivery: Prioritize cases of public interest over politically motivated ones to restore trust in the judiciary.
• Community Engagement: Foster dialogue among religious communities to mitigate tensions and promote mutual respect.
• Depoliticize Institutions: Ensure judicial independence from political influence to safeguard democratic principles.
• Strengthening Legal Framework: Reinforce mechanisms to prevent frivolous litigation that challenges the Act.
• Public Awareness: Educate citizens on the importance of secularism and legal protections for places of worship.

Conclusion:

The judiciary must act as a guardian of constitutional values, upholding secularism and equality. A consistent approach to the Places of Worship Act and timely justice delivery are critical to maintaining societal harmony, ensuring that India progresses as a unified, peaceful, and democratic nation.

Source: Indian Express

Mains Practice Question:

Discuss the significance of the Places of Worship Act, 1991, in maintaining India’s secular fabric. Analyze the challenges posed by judicial inconsistencies and political influences in addressing communal disputes over religious sites. (250 words)