separatism, - 14.139.60.114:808014.139.60.114:8080/jspui/bitstream/123456789/711/16... · the...

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NEHRU'S SECULARISM Shariful Hasan NEHRU IS the architect of modem India. His farsightedness and political wisdom was based on a comprehensive theory of democracy, socialism, secularism and non-alignment. This theory was born out of a rich-reading of history and a refined sensitivity to both the needs and sentiments of the masses whom he loved, and who loved him in return. I am concerned here with his theory of secularism which arose as a reasoned response to India's diversity, its heterogeneity of population, the endemic conflict between social groups and an enfeebling violence which threatened the very basis of the polity. Indian unity has to be achieved at all costs. But, how? Nehru's strategy lay in an all out attack on those forces that threatened disunity: provincialism, separatism, communalism and, above all, casteism. Casteism, he felt, was "perhaps the most insidious and dangerous of all in the country". J, To casteism was added the per- versity of prejudice - untouchability. Untouchability, the objections to inter-dining, inter-marriage etc., are unknown in any other country. The result was certain narrow- ness in our outlook. Indians, even to the present day, find it difficult to mix with others.' Yet, his critique was not directed against Hindu society (to which he paid tribute, acknowledging its dynamism) but its degeneration. The problem lay in forging a new unity- The unity of India, not merely the political unity which we have achieved, but the emotional unity, the integration of minds and the suppression of feelings of separatism," That, then was the problem. It was not just a problem of political unity but sustaining an emotional unity which would cut across India's plurality, traditionalism, religious diversity, caste conftict and deeply rooted divisions to create a new and formidable popular consent. So, democracy and secularism were inter-linked. The unity was not forced from above but to be achieved through democracy from below. Even though the word 'secular' did not find a place in the Preamble of our Constitution at the time of its adoption on 26 November 1949. It 1. JflWQ/uulal NWII', speechu, Vol. 3 at 37. 2. Jd. at 415. 3. Jd. at 36.

Transcript of separatism, - 14.139.60.114:808014.139.60.114:8080/jspui/bitstream/123456789/711/16... · the...

  • NEHRU'S SECULARISM

    Shariful Hasan

    NEHRU IS the architect of modem India. His farsightedness and politicalwisdom was based on a comprehensive theory of democracy, socialism,secularism and non-alignment. This theory was born out of a rich-readingof history and a refined sensitivity to both the needs and sentiments of themasses whom he loved, and who loved him in return.

    I am concerned here with his theory of secularism which arose as areasoned response to India's diversity, its heterogeneity of population,the endemic conflict between social groups and an enfeebling violence whichthreatened the very basis of the polity. Indian unity has to be achievedat all costs. But, how? Nehru's strategy lay in an all out attack on thoseforces that threatened disunity: provincialism, separatism, communalismand, above all, casteism. Casteism, he felt, was "perhaps the most insidiousand dangerous of all in the country".J, To casteism was added the per-versity of prejudice - untouchability.

    Untouchability, the objections to inter-dining, inter-marriage etc.,are unknown in any other country. The result was certain narrow-ness in our outlook. Indians, even to the present day, find it difficultto mix with others.'

    Yet, his critique was not directed against Hindu society (to which hepaid tribute, acknowledging its dynamism) but its degeneration. Theproblem lay in forging a new unity-

    The unity of India, not merely the political unity which we haveachieved, but the emotional unity, the integration of minds andthe suppression of feelings of separatism,"

    That, then was the problem. It was not just a problem of politicalunity but sustaining an emotional unity which would cut across India'splurality, traditionalism, religious diversity, caste conftict and deeply rooteddivisions to create a new and formidable popular consent. So, democracyand secularism were inter-linked. The unity was not forced from abovebut to be achieved through democracy from below.

    Even though the word 'secular' did not find a place in the Preambleof our Constitution at the time of its adoption on 26 November 1949. It

    1. JflWQ/uulal NWII', speechu, Vol. 3 at 37.2. Jd. at 415.3. Jd. at 36.

  • N,,,,,"'s SeculJUism 183

    wasinserted as a positive article offaith in the Preamble by the 42nd Amend-ment. Yet, the missing word does not belie the fundamental truth that'secularism' was a crucial part of Nehru's recipe for independent India.Secularism was inseparable from Nehru's understanding of what the largebulk of Indians were owed :

    The first task of the Assembly is to free India through a new con-stitution to feed the starving people and cloth, the nakedness, andto give every Indian fullest opportunity to develop himself accor-ding to his capacity ....

    I trust the constitution itself will lead us to the real freedom thatwe have clamoured for and that real freedom in tum will bringfood to our starving people, clothing for them, housing for themand all manner of opportunities of progress."

    Underlying this was an egalitarianism of irrevocable proportions :

    All of us, to whatever religion we may belong, are equally thechildren of India with equal rights, privileges and obligations. Wecannot encourage communalism or narrow-mindedness, for no nationcan be great whose people are narrow in thought or in aetion.&

    Yet, Nehru did not want to compromise India's rich diversity whichhe felt was reconcilable with the new international order. In keeping withthis aim he felt - while moving the Objective Resolution on 13 December1946 that: "As far as India is concerned, I can speak with certainty.We shall proceed on secular and national lines in keeping with the powerfultrends towards internationalism....In the future, India will be a land, asin the past, of many faiths equally honoured and respected".

    This led directly to two ideals. First-ashe stated on 2 October 1948-this meant:

    We are building a free secular state, where every religion and beliefhas full freedom and equal honour, where every citizen has equalliberty and equal opportunity.'

    Second, it meant that there was a separation between religion and thestate, for the state could not sponsor any faith: "So far as India is con-cerned we have very clearly stated both as government and otherwise thatwe cannot think of any state which might be called a communal or religiousstate. We can omy think of a secular, non-communal democratic state,in which every individual, to whatever religion he may belong, has equalrights and opportunities".

    4. n ConstiluJlolIQ/ A8,embly Debalu 316. 312.S. 1awa/rQr/o1 NeJrrll·' Sl*dw, VoL 1 at 28.6. SIIP'Q DOte 1 at 60.

  • 184 Neh", and flle Ctlnsfitution

    How was this to be achieved? The answers did not all lie in the statebut in people who were exhorted to "root out every tendency thatweakens the nation, whether it is communalism, separatism, religiousbigotry, provincialismor class arrogance","

    Therefore, Nehru without hesitation, said :

    Our state is a secular state which gives equal opportunity to everygroup, every part of the country, every state, province and area,"

    Nehru's views on secularism were echoed by former Prime MinisterRajiv Gandhi while participating in the Lok SoMa debate on the Consti-tution (62nd Amendment) BiU, 1988. Rajiv Gandhi, however, made itclear that there would be no forcing of secularism on any party. "Weare trying to 'push' secularism through the electoral process, throughpersuasion. We are not trying it on any party. Our method is coercing,not forcing". Elaborating his philosophy while intervening in the debateRajiv Gandhi said, "It is essential for the pluralistic society like ours. Ifwe do not do so, we run the gravest risk of disintegrating the country."

    Giving content to his secularism, he observed :

    For me secularism is not anti-religion. Those who think thatsecularism is meant for destroying religion are doing great dis-serviceto religion as well as to secularism. By strengthening secularismwe would be strengthening democracy in the country.'

    What emerges from the Nehru-Rajiv Gandhi's speeches is that Indiansecularism as they meant and advocated is that the state shall be 'pro-God'and 'pro-religion' but shall be 'impartial' and 'neutral' in the matters ofreligion. The negative meaning of secularism is that the state shall haveno religion of its own. The state shall neither identify nor align itself withany religion. The state shall neither favour nor disfavour any religion.No religion shall have state patronage nor preferential status. No religionshould suffer from any disability, liability or restriction. The state shallnot, therefore, be 'anti-God' or 'anti-religion.' This view is judiciallybuttressed by Natrajan J. In Perunchithironar's case :10

    A 'secular state' means a 'non religious' and not 'irreligious' state.What follows is that the Government should not be wedded orbound to anyone religion, but should give equality of treatmentto every religion practised in the country.

    7. Ibid.8. u: at 455.9. See The Time8 o/India (New Delhi, Doc. 16. 1988). .10. PenmchithlrallQr v. Slate, AIR 1986 Mad. 83.

  • Nehru'l Secularism 18S

    Likewise Shelat J. elaborated: "Secularism is not anti-God oratheism, as it is sometimes believed to be."II

    This is in agreement with Nehru's definition:

    A secular state does not mean an irreligious state : it only meansthat we respect and honour all religions giving them freedom tofunction. This has been the basic attitude of India throughout thelife.II

    Thus secularismwas not a passive neutral force but a dynamic forwardlooking integrating ideology.IS Such a view is not inconsistent with Mau-lana Azad's emphatic advocacy that national life in independent Indiashould be built upon the basis of common citizenship, secular constitution,composite culture and the principle offinal authority of the people in non-spiritual matters.

    In the light of this an Australian Professor AR. Blackshield tries tocompare the implications of secularism in our Indian context from a func-tional point of view :'

    Secularism, it suggests, is not opposed to religion as such; it isopposed rather to the use of religious institutions, and religiousmotivations, in the legal-political and educative processes. It in-sists on a functional division of aptitudes-a kind of social separa-tion of powers-between different kinds of social activity. Religion,education and law should not encroach on each other's territory:should not over-reach their own spheres of propriety. So long asreligion does keep to its own sphere secularism is religiously neutral;it neither endorses nor disapproves of religiousness.1(

    Such a view is different from the classic American articulation of totaldistance, and non-discrimination. As for example D.E. Smith is of theview that:

    The secular state is a State which guarantees individual and corpo-rate freedom of religion, deals with the individual as a citizen irres-pectiveofhis religion, is not constitutionally connected to a particularreligion nor does it seek either to promote or interfere with religion.1,6

    J I. Shelat, J.M., Secularism : Prulciplea and Applicolion, 'Introduction'S.12. Jawahorlol Nehnl's Speeches, Vol. 5 at 59.13. See P.D. Olijendrqadkar, "Sec:uJarism : Its Implications for Law and Life in

    India" in O.S. Sharma (cd), SeCfl/orlsm : Its Implications for Law and lJfe In bulla 1(1966).

    14. A.R. Dlackshield, "SecuJarism and Social Control in tho West : 'lbe Materialand the Ethereal" in O.S. Sharma, 14. at 13.

    IS. D.B. Smith, IrtdIa as a Saar Slate 4 (1963).

  • 186 Nehru and the Constitution

    Though the word 'secular' could not be inserted in the preamble of theConstitution, in the course of debate on the' Draft Constitution in theConstituent Assembly various members expressed their views and triedto bring out the nicer shades of the concept of secularism. H.V. Kamathsaid : " ....Let me not be mis-understood when I say that a state shouldnot identify itself with any particular religion, I do not mean to say thata state should be anti-religious or irreligious. We have certainly declaredIndia to be a secular state, but to my mind a secular state is neither a God-less state nor an irreligious nor an anti-religious state"."

    K..T. Shah made two attempts to incorporate the term 'secular' in theConstitution. His first amendment was opposed and rejected." Hemoved another amendment in the form of a new article 18-A proposingthat the state shall have no concern with any religion and shall observeabsolute principle of neutrality in matters of religion." Shah's new articlewas rejected without even a discussion on it. However, all the membersof the Constituent Assembly discussed the nature of Indian secularism asbeing 'non religious' rather than 'irreligious' Choudhari Ranbir Singhviewed secular state as 'non-denominational'." Husain Inam explainedthat secular state did not mean that it was anti-religious. It meant thatit was not irreligious but non-religious and there was a world of differencebetween 'irreligious and non-religious.1O Anantsyanami Ayyangar explai-ned that the state or the government should not aid or give preference toone religion as against another.21 Mahavir Tyagi stated that a secularstate meant a godly state and not a godless state.lIli RK. Sidwa made itclear that a secular state did not mean that an individual could not believein God. lI3 K.M. Munshi, a legal luminary and a member of the DraftingCommittee was of the view that "A Secular State is not a Godless State.It is not a State which is pledged to eradicate or ignore religion. It is nota State which refuses to take notice of religious belief in this country."14

    Loknath Misra wanted the state to keep its hands clean of all religiousinstitutions and wanted the state not to bother about the management ofany religious institutions.so On the other hand Lakshmikant Mantra felt

    16. Vll Constitlllional Assembly Debates 825.17. Id, at 399-401-Amendment No. 98 on 15 Nov. 1948 : "India shall be a Secular,

    Federal, Socialist Union of States."18. ld. at 815·16 Amendment No. 566 on Dec. 1948: "The State in India being

    Secular shall have no concern withany religion, creed or profession or faitb, shall observean attitude of absolute neutrality in all mattersrelating to the religion of any class of itscitizens or other persons in the Union."

    19. u. at 289.20. u. at 546.21. u. at lSOl.22. ld. at 881-82.23. Id. at 1054.24. Id. at 10$7.25. 1d. at 673.

  • Nel",l& Secularism 187

    that the secular state was "not going to make any discrimination whatsoeveron the ground of religion or community against any person preferring anyparticular form of 'religious faith...that no particular religion in thestate will receive any state patronage whatsoever. The state is not goingto establish, patronise or endow any pa:rticu1ar religion to the exclusionof or in preference to others and that no citizen in the state will have anypreferential treatment or will be discriminated against simply on the groundthat he professed a particular form of religion.1lI A similar view wasexpressed by no less a person than the philospher President of India S.Radhakrishnan who opinedr"

    When India is a secular state, it does not mean that we reject thereality of an unseen spirit or the relevance of religion to life or thatwe exalt irreligion. It does not mean that secularism itself becomesa positive religion or that the state assumes divine prerogatives.Though faith in the supreme is the basic principle of the Indiantradition, the Indian state will not identify itself with or be controlledby any particular religion. We hold that no one religion shouldbe given preferential status, or unique distinction; that no one reli-gion should be accorded special privileges in national life, or inter-national relations, for that would be a violation of the basic principlesof democracy and contrary to the best interest of religion andgovernment ....No group of citizens shall arrogate to itself rightsand privileges which it denies to others. No person shall sufferany form of disability or discrimination because of his religion butall alike should be free to share to the fullest degree in common life.This is the basic principle in the separation of church and state.

    India, under the Constitution is a secular state. It means that the stateobserves an attitude of neutrality and impartiality towards all religions.It is founded on the idea that the state is concerned with the relation bet-ween man and man and not with the relation between man and God whichis a matter for individual conscience. Broadly speaking, the state willneither establish a religion of its own nor confer any special patronageupon any particular religion. The state protects all religions equally anddoes not itself uphold any religion as the state religion. It is this insightthat is elaborated by Shelat J in his extra judicial writing :

    A Secular State with diverse faiths co-existing within it, foundedon the principles of equality, was the inevitable and the only alter-native. Denial of secular principles would have not only jeopardisedthe territorial integrity and sovereignty of the new state but wouldhave disrupted the democratic structure that was about to set up

    26. Id. at 823·24.27. Id. at 831.

  • 188 Nehru and the Constitutio"

    after a long and arduous struggle. A neutral state was thus notonly integral to such a democratic structure but its very founda-tion....

    A Secular State in the true sense of the term can ftourish only if thepeople who are its constituents are educated and trained in thesecular way of life. That way of life is as much vital and essentialas the democratic way of life to a democracy. Both the ways areintimately connected, for, without religious freedom, the other free-doms are depleted of much of their content. A secular way of lifeteaches a citizen of his having two distinct and separate capacities,one to freely decide the way to his God. and other equally freelyto decide in his capacity as a citizen various issues connected withrunning a civilized and well ordered society.18

    Mahatma Gandhi who has been pithily described as "the sacred secularparadox"· was not a member of the Constituent Assembly but he wasthe prime fcm:e in moulding Indian polity before independence; and hisviews had a tremendous impact on the leaders. He was a deeply religiousman and regarded all religions as true and said with complete sincerity,'my veneration for other faithsis as for my own'.80 Gandhijiwas decisivelyin favour of a secular state when he said:

    Hindustan belonas to all those who are bom and bred here....Free India willbe no Hindu Raj. It will be Indian Raj ....Withoutdistinction of religion ....Reliaion is a matter which should haveno place in politics.-

    S. lWfbakrishnan the Philosopher-President felt that, in this country,all are free to profess or preach the faith of their liking and that we wishwell of all religions and once said very explicitly :-

    I want to state authoritatively that secularism does not mean irre-ligion. It means we respect all faiths and religions. Our statedoes not identify itself with any particular religion.

    By contrast, deep down Nehru was extremely critical of the organisedreligion in India and frequently condemned it; yet he always admired what-ever was noble in religion andfelt that religion consists of the inner deve-

    28. SbeIat J.M., S«IIIori8m : PrlN:IpIa fI1Ifl Applktlllon, 90, 128 (1982).29. V.L KriIbDa ]ycr, "How Secular is Secular 1Jldia 1" The 1/1ImrtJI«l Weekly

    of india. IS (30 Jaauary 1972).20. See Abu Sayeed Ayyub, ''SecuJari8m'' in SocisIIIm, 1HmocrQC)' and Secularism

    50(1965).31. SIfH'Cl DOte 1 at 15.32. See 1h Slillesmon. (New Delhi, 18 Nov. 1957).

  • Nehru', Secularism 189

    lopment of the individual, the evaluation of his consciousness in a certaindirection which is considered good.aa

    Nehru expressed himself very clearly on numerous occasions aboutthe nature and necessity of a secular state for India. To him, a secularstate meant a state not tied to any religion.84 "While religion is completelyfree, the state, including in its wide fold various religions and cultures,gives protection and opportunity to all and thus brings about an atmos-phere of tolerance and cooperation".81 It is a state where one communityor group or party will not bepermitted to usurp the rights of another.3/iII

    This concept of secularism is consistent and in tune with the religioustemper of our people. It is a unique feature of our society that the statehas no religion of its own but the people are deeply religious. That is, thestate is secular whereas the people are religious. Thus, the religious reflec-tions of those who are in majority in the state affairs are bound to occurin state activities. This does not mean that state is not secular or itssecular character is being diluted. But it is inevitable and inescapable.

    In India all religions have equal opportunity to flourish, and have equalright to enrich the composite culture. The innate unity of our countryis based on the principle of "unity in diversity" and not "unity in unifor-mity". While addressing a public meeting at Panjim on 22 May, 1963Nehru emphasising the need of unity in diversity said :

    It has been a concept of unity in diversity. We have always laidstress on, preserving the unity of India alongwith its rich diversity.We have always laid stress on the principle of co-existence of allreligions."

    The very concept of secularism is therefore, based on "sarva dharmasambhava." i.e. equal respect for all religions. It derives its strength andsustenance from "vasudhaiva kutumbakam" i.e, the whole world is thefamily. Therefore, the makers of our Constitution preferred to have secu-lar state on account of India's diversities. As Nehru said, 'we are too biga country, too varied a country.' Our secular democracy is firmly commit-ted to march towards making India a place for "sarva janasukhine bha-vantu" and 10k samasta sukhine bhavantu. To create oneness among allreligious, linguistic, regional and racial communities, the secular polity isa must. Nehruvian secularism is based on what Emperor Asoka said"Honour your neighbour's religion as you honour your own."a7

    Nehru knew that "we are a country of many religions." Though anta-

    33. Nehru, An Aldobiography, .5().51 (1980).34. See The Hindustan Times (New Delhi, 18 Apr. 1949).35 Ibid.35a. The HindMstan Times (4th JW1O, 1948).36. JawoJrorial Nehru's Speech,s. Vol. 5 at S8.37. Ihld.

  • 190 Nehru and the Constitution

    gonistic to religious rituals he didn't reject the role of religion as a cementingfactor in life. He opined :

    Whether religion is necessary or not, certain faith in a worthwhileideal is essential to give sustenance to our lives and to hold ustogether."

    Therefore, the state must confine itself to secular activities; and neitheradvance nor impede religious activity. The word "secular" therefore,means that the government is neutral and while protecting all religions itprefers none and dislikes none. The very basis of our secular state is itscommon culture into which many religious strands and experiences enter toenrich India's cultural heritage. Secularism creates conditions for thecontinuance and sustance of all religious cultures. Therefore, the westernconcept of secularism implying anti-religious ideology cannot be appliedto India which is a multi-religious society. A3 rightly observed by lateIndira Gandhi, "Secularism is neither a religion nor indifference to religionbut equal respect for all religions; not mere tolerance but positive respect-without it, there is no future for the nation." Secularism does not andshould not mean atheism or anti-religion. The positive concept of Indiansecularism is respect for all religions. All citizens are treated equally andthe governmental policies are not coloured by considerations of religion,caste or creed. This is the basic aspect of secularism that we want andpractise in India. Therefore, our secularism, as Nehru propounded, isneither reverse of religion nor is something akin to atheism. In its finestimage secularism does not mean an absence of faith or religion, in fact thebest secularists like Gandhi and Azad, were extremely devout followers oftheir religions.

    In the recent past, there have been few disturbing practices of stategiving patronage and observing rituals of one particular religion at publicfunctions. A few examples will illustrate this : The central governmentallotted more than 260 crore rupees under the head 'Ganga Action Plan' ~for purification of the river Ganga. Regularly a lot of public money isbeing spent in making elaborate arrangements for the Hindus to take a holydip in the sacred waters of Ganga at Haridwar and in the Sangam atAllahabad on the occasion of Kumbh Me/a. Religious rituals, myths or con-secrative ceremonies of a particular religion are being shown on television,an activity which is contrary to our secular ideals. Thus, the focussing andglorification of religious activities or one religion is nothing but the negationofsecularism. Doordarshan has serialised "Ramayana" and "Mahabharata".One can very well say that Doordarshan has become 'Hindudarshan.' Nosuch serials of other faiths are shown in the television. All India Radiobegins its broad-casting with 'bhajans' and devotional songs.

    38. Jawahorlal Nwu's Spm:Ms, VoL 4 at 2.

  • 191

    This propensity to be solicitors of particular religion is also reflected inSupreme Court judgments. In MoM. Bani! Qureshi- the Supreme Courthas upheld the banning of cow slaughter on the ground of the religioussusceptibilities of Hindus. In Jan MoM. Usmanbhai,40 the Supreme Court,speaking through Ranganatha Misra J has justified the closure of theslaughter houses on the birthdays of Lord Rama, Lord Krishna, JainSamvatsari and Mahavira Jayanti.

    Hindu temples are being erected on public land unauthorisedly. Templesare found in every police station, and no corresponding places of worshipof other faiths are allowed to be constructed. Similarly, the roaming of straycows in cities and the burning of Holika on the road and at every chaurahacreate problems for the users of the road. Moreover, ministers inauguratestate functions with the 'breaking of coconut' or 'lighting of lamp' along-with reading of slokas and mantras. The former Utter Pradesh ChiefMinister N.D. Tiwari, offered prayers before laying the foundation stonefor the Rs. 30 crore Gokul Barrage near Mathura on Sunday, December25, 1988. The Chief Minister performed the prayers in the presence of aMahant and the bridge has also been named after Gobi to depict LordKrishna's religiosity. The Chief Minister was blessed by Saint DeorahaBaba at Brindaban. The saint blesses devotees by placing his foot on theirheads. In public offices images of gods and godesses are installed. Innationalised banks the image of goddess Laxmi is prominently kept. Instate carriages the image of Durga is installed.

    Thus, there is a widening gap in the secularist professions of the Indianstate and its actual practice. Official lapses from secularism are thusnumerous. Text books prescribed in schools have a pronounced religiousbias. Many state functions are accompanied by religious ceremonies, mostlyof Hindu vintage; visits of political dignitaries to places of religious worshipare widely advertised. The state owned radio and television often engagethemselves in programmes which are calculated to foster the religiosity ofthe majority community.

    There is a noticeable fall in the standards of all democratic institutionsincluding those of the President, the Governors, the central and state legis-latures and the central and state ministries and the bureaucracy. There isalso a steep fall in secular standards with increasing communal violence andthe patently partial behaviour of the security forces during communal riots,and also the inability of the state to cope with the communal tension. Thepartisan role of PAC in Uttar Pradesh and BMP in Bihar has been exposedby various inquiry commissions.

    Inspite of her secular character, the minorities have failed to get theirdue share in the national economic cake and state services. It is due to theofficial machinery at lower levels, especially in the states. The state para-

    39. MoN!. Bani! Qureshi v. State 0/ Bihar, AIR 1958 SC 731.40. Municipal Corporation, AhTrWtlohad v. Jan Mohd. Usmanbhai, AIR 1986 SC

    1205.

  • 192 Nehru and the Constitution

    phemalia has often been communal and has failed to demonstrate its non-discriminatory attitude which is the hall mark of Indian secularism. SinceHindus are in a predominant position their thinking and culture mayinevitably be reflected and this is understandable. But what hurts theminorities is the hue and cry raised by the fundamentalists whenever a favouris bestowed on the minorities by the government. The adoption of secu-larism does also suit the majority-community which is a caste-ridden anddivided society. It is correct to say that India is today a secular state, becausethe Hindus of India have desired that it should be so. It is true that secu-larism will survive in India so long as the Hindus will desire. Those whocriticise the government for the protection of minorities on the ground ofsecularism should keep in their minds what Ambedkar said in his befittingreply on the floor of the Constituent Assembly. Ambedkar said :

    To die-bards who have developed a kind of fanaticism against mino-rity protection I would like to say two things. One is that minoritiesare an explosive force which, if it erupts, can blow the whole fabric ofthe States. The history of Europe bears ample and appealingtestimony to this fact. The other is that the minorities have agreedto place their existence in the hands of the majority. They haveloyally accepted the rule ofthe majority which is basically a communalmajority and not a political majority. It is for the majority to realiseits duty not to discriminate against the minority."

    Unfortunately secularism is getting unpopular among the people of allhues. For Hindus who feel that they are being victimised by the militancyof the Sikhs, and dislike the advantages given to the minorities on the otherhand, there is a rise of majority communalism which is more dangerous thanthe minority communalism as it can command the authority of the state.Keeping the aggressive majority communalism in view Nehru observed thatIndia's danger is not from communalism but from Hindu right wing com-alism. Therefore, the strengthening of secularism falls upon therulers asmunthe inheritors of the secular tradition bequeathed by Gandhi, Nehruand Azad.

    Secularism is not only in the interest of the minority but of the majorityalso. The majority community is more divided and fragmented intoclasses and sub-classes. Moreover, it is also in minority in a number ofstates in India, e.g, Jammu & Kashmir, Nagaland, Mizoram, Meghalayaand Arunachal Pradesh. Apart from religious differences, the majoritycommunity suffers from and is badly aft1icted with language, regional andcultural diversities. Therefore, the very concept of a secular state is in thelarger interest of both the majority and minority communities. Whilesupporting Ambedkar's proposals and Gopala Swamy Ayyangar's amend-ments relating to citizenship Nehru reminded those members of the Consti-

    4J. VII Constitutional Assembly Debates 39.

  • Nehru's Secularism 193

    tuent Assembly who were using the phrases like "a policy of appeasementof Muslims" and a "secular state business" that

    It is brought in all contexts, as if by saying that we are a secular statewe have done something amazingly generous, given something out ofour pocket to 'the rest of the world, something which we ought notto have done, so on and so forth. We have only done something whichevery country does except a very few misguided and backwardcountries in the world. Let us not refer to that word in the sensethat we have done something very mighty.4!

    However, the post-independent India, under Gandhi-Nehru-Azad, hasdeliberately chosen the path of secularism based on non-discrimination andignored the religion of the vast bulk of the country in any matter connectedwith the state. Too much denigration and too little appreciation of oursecularism can only damage the cause that many of the critics may seek toserve. There are failures and shortcomings which must be corrected andmade good, but in a spirit of helpfulness not of denigration, of co-operation, not of confrontation.

    Nehru did not think it proper and appropriate to discard religion andthat is undoubtedly the reason why 'liberty of belief, faith and worship'was included in the Objective Resolution moved by him. It was his posi-tive mental attitude towards religion which impelled Nehru to get the rightto freedom of religion incorporated in the Constitution. It is, therefore,clear that neither Nehru nor the Constituent Assembly had an intentionto create an 'irreligious' or 'atheistic' state. The preamble of our Consti-tution tells us that India is secular and secures its citizens the religiousfreedom as well. The Constitution, therefore, neither discourages norcondemns religion, while prefering to be a secular state.

    Since India is avowedly a secular state, no religion is placed on the pedes-tal of state religion. This ensures constitutional equality of each religion.The Constitution neither turns its back on religions nor adopts a stanceof a passive onlooker on religious matters. It seeks to adopt a cautious,non-discriminatory approach which is consistent with a value-premisesofthe Constitution and may be considered an equi-distant approach. There-fore, the Constitution stamps our discrimination based on religion.

    Nehru's policy of secularism still holds the field and its relevance canneither be undermined nor minimised. Today, our democracy faces thechallenge of narrow-mindedness, divisive trends and tendencies and there-fore the secular approach based on equality and fraternity has become amatter of utmost importance. Communal disturbances disfiguring thenational life as well as the birth and growth of regional, sectarian and obs-curantist forces threatening the secular fabric of the country can be fought

    42. IX Constitutional Assembly Debates, 40).

  • 194 Nehruand tM Connltutlon

    and contained only by education and in the process of educating the tradi-tional Indian mind, secularism and all that-it stands for can playa major,constructive and positive role.

    Rajiv Gandhi reiterated this when he said :Secularism for us is the pursuit of truth in conviction that truth willtriumph : 'Satyameva Jayate.' Secu1arism for us is the self-con-fidence of our civilization which makes us open to the best of in-ft.uences from elsewhere, to seek a cross-fertilization of cultures andideas which enables us to move forward, while maintaining ourcontinuity with past .... secularism for us is tolerance-the abilityto respect the customs and beliefs, the rites and rituals, the philo-sophhy and ways of life of others. Associated with tolerance iscompassion, the capacity to emphathise with the sufferings of others,to find satisfaction for the self in the selfless service of others.All these capacities are resumed in the capacity to see all humanbeings as one large family and all the world as one's own.48

    On another occasion, he added :We cannot replace religion by secularism. There is a place for religion,there is a place for secularism. Our secularism is not 'non-religion' oursecularism is 'sarva dharma sambhav' which means a place forevery religion, but religion must not bemixed withpolitics... secularismmust be a way of life rooted in our traditional principles, in ourvalues, in our ideology of truth, non-violence, compassion, toleranceand it must not be a subject for political or other exigencies.s!

    Nehru has in his own intellectual way described the composite culturalheritage of India as a beautiful carpet weaved by aU religious craftsmen."India is like a beautiful carpet the texture of which brings out the skillsof different craftsmen working on it, but it is one whole thing of beauty.We must continue to go on weaving this beautiful carpet of India with ourideas and our actions, but always remembering that there is a unity of designin it which maintains the beauty of its individual partS.45

    Therefore, India is like a big beautiful garden in which multi-colouredft.owers - big and small - are blooming and enriching its beauty. India isa multi-religious, multi-cultural, multi-racial and multi-linguistic country.All have contributed to the richness and are enriching and shall continueto enrich India's beauty. Our secularism, therefore, allows all religionsto play their role in shaping India's destiny. Our secularism assimilatesall and rejects none. Our secularism favours all and disfavour none.

    43. See the inaugural lecture delivered by Rajiv Gandhi at tho Golden Jubileeof the Maharashtra Legislative Assembly at Vidhan Bhawan, Bombay (3 Sept., 1988).

    44. See the Valedictory Session of National Convention against Communal andDivisive Forces, New Delhi (6 Oct., 1988).

    45. JawJuJr/QJ Nehru', Speeche" Vol 5 at 62.

  • Nehru'l Secularism 195

    Let this secularism flourish to allow all religions to bloom in their ownway so that they may continue to maintain and enhance the rich compo-site cultural heritage of our great country.

    Today India stands at a critical juncture. Fissiparous tendenciesthreaten to destroy its polity. The biggest danger to the nation is that thestate may - in a thousand insidious ways-be captured by majoritarianreligious forces. This is already happening in frightening measures. Assoon as such forces gather momentum. deep incisions will be made in Indiansecularism; and. more importantly, India's capacity for tolerance. ModemIndia must both realise and affirm - as an act of faith - a SupremeCourt judge's elegant exhortation "Our tradition teaches tolerance. ourphilosophy preaches tolerance. our Constitution preaches tolerance. letus not dilute it ".

    Yet the forces of intolerance are also with us. The future of India isinextricably linked with the future of Indian secularism.