Attempting to dictate beliefs, courts often seek to 'undermine' India's secular ethos

Counterview Desk
In a representation to the President of India and the Chief Justice of India, Supreme Court nearly 200 concerned citizens have said that recent controversies surrounding the Places of Worship Act, 1991 (hereinafter referred to as the ‘Act’), have posed “significant challenges to one of the most cherished tenets of secularism – faith”.
Floated by the Socialist Party (India), which is led by top academic and activist Sandeep Pandey, it notes, “The judiciary's interpretation of religious matters has sometimes been contentious, with courts attempting to dictate beliefs rather than protect them. This trend undermines the secular ethos of our nation and risks eroding the foundational principles of our Constitution.”

Text:

We humbly bring to your attention the critical issue of the non-implementation of the Places of Worship (Special Provisions) Act, 1991, and its detrimental effects on the cherished principles of secularism and religious freedom in our nation.
The constitutional framework of India guarantees equality of religion to all individuals and groups, irrespective of their faith, affirming that there is no religion of the state. This fundamental principle is enshrined in the Preamble of the Constitution and is underscored by Articles 25 to 28, emphasizing the embodiment of secularism in our constitutional scheme. Secularism, as a foundational principle adopted by the Indian people, dictates that the state shall have no religion and shall treat all religions and religious groups equally, respecting their right of religion, faith, and worship.
However, recent controversies surrounding the Places of Worship Act, 1991 (hereinafter referred to as the ‘Act’), have posed significant challenges to one of the most cherished tenets of secularism—faith. Faith is a deeply personal matter, constituting the right of individuals to their personal relations with their maker, creator, or cosmos. The Act not only seeks to protect the status quo of existing places of worship but also safeguards the faith of the people attached to these places.
Religion, being a fundamental aspect of human nature, deserves protection akin to the protection of our natural rights. The assertion of religious freedom affirms the claim of human nature on behalf of human beings, as it allows individuals to express their beliefs without fear of suppression or persecution. However, recent events surrounding the Act have raised concerns about the secular ethos of our nation.
Democracy and secularism are intertwined with our historical context, forming the bedrock of our society. While the Constitution and judicial precedents have not defined secularism in abstract terms, its essence is deeply embedded in the basic structure of our nation. The recent controversy surrounding the Act threatens to undermine the very essence of secularism, as any legislation influenced by majoritarian views may erode the inclusive fabric of our society.
Justice Thakur, in the case of Abhiram Singh v. C.D. Commachen, (2017) 2 SCC 629 emphasized the importance of remaining aligned with constitutional provisions and ethos while interpreting legislative provisions. The state is obligated to allow complete freedom for practicing, professing, and propagating religious faith, respecting individual choices and preferences in matters of religion.

Any attempts to reinterpret history or promote divisive narratives through proxy litigation undermine the pluralistic ethos

However, the judiciary's interpretation of religious matters has sometimes been contentious, with courts attempting to dictate beliefs rather than protect them. This trend undermines the secular ethos of our nation and risks eroding the foundational principles of our Constitution.

Constitutional morality, which reflects reverence for both the form and spirit of the Constitution, is vital for upholding our democratic values. The recent controversies surrounding the Act, including attempts to influence judicial decisions and polarize religious communities, threaten to undermine constitutional morality and erode the rights of religious minorities.
The importance of safeguarding minority rights and preserving communal harmony cannot be overstated. The Places of Worship Act, 1991, was enacted to protect the religious rights of all sections of society and prevent the dominance of the majority over minority communities. Any attempts to reinterpret history or promote divisive narratives through proxy litigation undermine the pluralistic ethos of our nation and must be strongly condemned.
In conclusion, we urge Your Excellency Madam President and Honourable Chief Justice of India to intervene decisively to ensure the full and effective implementation of the Places of Worship Act, 1991, and uphold the secular principles enshrined in our Constitution. It is imperative that the legislature, executive, and judiciary collectively endeavour to protect, preserve, and promote secularism in India, safeguarding the rights and freedoms of all citizens, irrespective of their religious affiliations.
Thank you for your attention to this urgent matter. We remain hopeful that under your esteemed leadership, the principles of secularism and religious freedom will be upheld, ensuring harmony and equality for all citizens of our great nation.
---
Click here for endorsements

Comments

70,000 migrants, sold on Canadian dream, face uncertain future: Canada reinvents the xenophobic wheel

By Saurav Sarkar* Bikram Singh is running out of time on his post-study work visa in Canada. Singh is one of about 70,000 migrants who were sold on the Canadian dream of eventually making the country their home but now face an uncertain future with their work permits set to expire by December 2024. They came from places like India, China, and the Philippines, and sold their land and belongings in their home countries, took out loans, or made other enormous commitments to get themselves to Canada.

Kerala government data implicates the Covid vaccines for excess deaths

By Bhaskaran Raman* On 03 Dec 2024, Mr Unnikrishnan of the Indian Express had written an article titled: “Kerala govt data busts vaccine death myth; no rise in mortality post-Covid”. It claims “no significant change in the death rate in the 35-44 age group between 2019 and 2023”. However, the claim is obviously wrong, even to a casual observer, as per the same data which the article presents, as explained below.

PM-JUGA: Support to states and gram sabhas for the FRA implementation and preparation and execution of CFR management plan

By Dr. Manohar Chauhan* (Over the period, under 275(1), Ministry of Tribal Affairs has provided fund to the states for FRA implementation. Besides, some states like Odisha, Chhattisgarh and Maharashtra allocated special fund for FRA implementation. Now PM-JUDA under “Dharti Aaba Janjatiya Gram Utkarsh Abhiyan(DAJGUA) lunched by Prime Minister on 2nd October 2024 will not only be the major source of funding from MoTA to the States/UTs, but also will be the major support to the Gram sabha for the preparation and execution of CFR management Plan).

Defeat of martial law: Has the decisive moment for change come in South Korea?

By Steven Lee Late at night on December 3, soldiers stormed into South Korea’s National Assembly in armored vehicles and combat helicopters. Assembly staff desperately blocked their assault with fire extinguishers and barricades. South Korea’s President Yoon Suk Yeol had just declared martial law to “ eliminate ‘anti-state’ forces .”

Operation Kagar represents Indian state's intensified attempt to extinguish Maoism: Resistance continues

By Harsh Thakor Operation Kagar represents the Indian state's intensified attempt to extinguish Maoism, which claims to embody the struggles and aspirations of Adivasis. Criminalized by the state, the Maoists have been portrayed as a threat, with Operation Kagar deploying strategies that jeopardize their activities. This operation weaves together economic, cultural, and political motives, allegedly with drone attacks on Adivasi homes.

How Amit Shah's statement on Ambedkar reflects frustration of those uncomfortable with Dalit assertion, empowerment

By Vidya Bhushan Rawat* Dr. B.R. Ambedkar remains the liberator and emancipator of India’s oppressed communities. However, attempts to box him between two Brahmanical political parties betray a superficial and self-serving understanding of his legacy. The statement by Union Home Minister Amit Shah in the Rajya Sabha was highly objectionable, reflecting the frustration of those uncomfortable with Dalit assertion and empowerment.

Balod tech fest tests students’ interest in innovative ideas in the fields of science, engineering, start-ups

By Our Representative A techno fest scheduled on December 20 and 21 in Balod district of Chhattisgarh will test the innovative ideas of school students in the fields of science, engineering and start-ups. For this two-day fest organised at Maheswari Bhawan of the district, a total of 824 models made by students were initially registered. Out of those, a selection committee chose 200 models from several schools spread over five blocks of Balod. These will be on display on these two days from 10am to 4.30pm. Out of many ideas, one of the most interesting models is a smart glove which can be used by children with impairments and disabilities. For those who cannot speak at all or have speech difficulty, they can ask for help from caregivers by pressing their fingers on the glove after wearing it. This will attract attention.

Local businessman subjected to physical assault, verbal abuse: Demand for accountability, justice

By Kirity Roy* On October 9, 2024, a disturbing incident of harassment and abuse took place in the Swarupnagar Block of North 24 Parganas district, involving a local businessman, Hasanur Gazi, who was subjected to physical assault, verbal abuse, and religious discrimination by a Border Security Force (BSF) constable. The incident, which occurred at the Hakimpur Checkpost, has raised serious concerns about the safety and dignity of citizens living in border areas, especially those belonging to religious minorities.

Affable but arrogant, embodying contradictions, Raj Kapoor's legacy will endure as long as Bollywood exists

By Harsh Thakor* December 14 marks the birth centenary of Raj Kapoor, a filmmaker and visionary who revolutionized Bollywood, elevating it to new heights by exploring uncharted emotional and social territories. Kapoor wasn’t just a filmmaker; he was a storyteller who touched the souls of the masses and reflected the pulse of post-partition India with unparalleled depth. His films acted as a unifying force in a divided nation, transcending social and cultural boundaries.

Suspicious death of Dalit laborer in BSF custody: A call for justice

By Kirity Roy* The tragic and suspicious death of Mr. Babai Barui, a Dalit daily wage laborer from North 24 Parganas, West Bengal, has raised serious concerns regarding custodial violence and the violation of fundamental rights. Mr. Barui, son of Sukharanjan Barui, resided in Pallishree Sangsad, Bongaon, and was arrested by the Border Security Force (BSF) on November 9, 2024, near the Angrail border on allegations of smuggling. The very next day, he was found dead under mysterious circumstances, with visible injuries that point toward possible custodial violence.

Search This Blog