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In Indian context a secular state can be defined as a state which gives
individual and corporate freedom of religion and which does not seek either to
promote any special flow of religious ideas or interfere with any particular
religion. Secularism in contemporary Indian context means the existence of a
non-theocratic state, which in turn imbibes in itself two concepts. The first
concept is a positive one, which says that all religions are to be treated on an
equal footing and the second one is a negative concept according to which no
distinction is to be made amongst the citizens on the grounds of religion.
Secularism was implicit in the text of the Constitution but was made explicit
with the insertion of the term 'Secular', by the forty-second amendment of the
Constitution in 1976.In Keshavnanda Bharti Case, secularism was enumerated as a
'Basic Feature' of the Indian Constitution. Thus Indian secularism is a signal
of its religious and ethnic diversity where state allows every religion to grow
and abide by its basic tenets.
Constitutional safeguards for minorities: -
- Article 14 grants to every person equality before law or equal protection of
laws, within the territories of India .
- Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or
place of birth. The general mandate of Articles 14 and 15 completely protects
the rights of minorities.
- Article 16 envisages equality of opportunity for all. It also empowers the
Parliament to make reservations for backward classes that are not adequately
represented in the services of the states.
- Articles 25 to 28 provide certain freedoms pertaining to religion to all major
and minor communities viz. freedom of managing religious affairs, freedom to
propagate any religion, freedom from payment of taxes for promotion of any
religion.
- Article particularly protects the interests of minorities. It provides that any
section of citizens residing in India , having a distinct language, script or
culture of its own shall have the right to conserve the same. Also no citizen
shall be denied admission into any educational institution maintained by the
state on grounds of religion, race, caste, language or any of them.
- Article 30 provides for the right of minorities to establish and administer
educational institutions. Also the state shall not discriminate in matters of
granting aid, against any educational institution on the ground that it is
maintained or managed by a minority.
- Article 350A directs every state to provide adequate facilities for instruction
in the mother tongue, at the primary stage of education to children belonging to
linguistic minority groups.
The framers of our Constitution have no doubt provided for sufficient safeguards
for the protection of the rights of minorities. But there is lack of effective
implementation of these provisions, as a result of which many religious and
linguistic minorities still face an era of backwardness and exploitation. Also
frequent controversies pertaining to the provisions given in the Constitution,
such as the recent one on state control over minority managed educational
institutions, obstructs the application of the otherwise adequate constitutional
safeguards.
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