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

Loktantra Bachao Abhiyan raises concerns over Jharkhand Adivasis' plight in Assam, BJP policies

By Our Representative The Loktantra Bachao Abhiyan (Save Democracy Campaign) has issued a pressing call to protect Adivasi rights in Jharkhand, highlighting serious concerns over the treatment of Jharkhandi Adivasis in Assam. During a press conference in Ranchi on November 9, representatives from Assam, Chhattisgarh, and Madhya Pradesh criticized the current approach of BJP-led governments in these states, arguing it has exacerbated Adivasi struggles for rights, land, and cultural preservation.

Promoting love or instilling hate and fear: Why is RSS seeking a meeting with Rahul Gandhi?

By Ram Puniyani* India's anti-colonial struggle was marked by a diverse range of social movements, one of the most significant being Hindu-Muslim unity and the emergence of a unified Indian identity among people of all religions. The nationalist, anti-colonial movement championed this unity, best embodied by Mahatma Gandhi, who ultimately gave his life for this cause. Gandhi once wrote, “The union that we want is not a patched-up thing but a union of hearts... Swaraj (self-rule) for India must be an impossible dream without an indissoluble union between the Hindus and Muslims of India. It must not be a mere truce... It must be a partnership between equals, each respecting the religion of the other.”

Right-arm fast bowler who helped West Indies shape arguably greatest Test team in cricket history

By Harsh Thakor* Malcolm Marshall redefined what it meant to be a right-arm fast bowler, challenging the traditional laws of biomechanics with his unique skill. As we remember his 25th death anniversary on November 4th, we reflect on the legacy he left behind after his untimely death from colon cancer. For a significant part of his career, Marshall was considered one of the fastest and most formidable bowlers in the world, helping to shape the West Indies into arguably the greatest Test team in cricket history.

Andhra team joins Gandhians to protest against 'bulldozer action' in Varanasi

By Rosamma Thomas* November 1 marked the 52nd day of the 100-day relay fast at the satyagraha site of Rajghat in Varanasi, seeking the restoration of the 12 acres of land to the Sarva Seva Sangh, the Gandhian organization that was evicted from the banks of the river. Twelve buildings were demolished as the site was abruptly taken over by the government after “bulldozer” action in August 2023, even as the matter was pending in court.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual.

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad* On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya.

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad* The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

A Marxist intellectual who dwelt into complex areas of the Indian socio-political landscape

By Harsh Thakor* Professor Manoranjan Mohanty has been a dedicated advocate for human rights over five decades. His work as a scholar and activist has supported revolutionary democratic movements, navigating complex areas of the Indian socio-political landscape. His balanced, non-partisan approach to human rights and social justice has made his books essential resources for advocates of democracy.

Tributes paid to pioneer of Naxalism in Punjab, who 'dodged' police for 60 yrs

By Harsh Thakor* Jagjit Singh Sohal, known as Comrade Sharma, a pioneer of Naxalism in Punjab, passed away on October 20 at the age of 96. Committed to the Naxalite cause and a prominent Maoist leader, Sohal, who succeeded Charu Majumdar, played hide and seek with the police for almost six decades. He was cremated in Patiala.

Search This Blog