What can France learn from the Indian
Constitution’s approach to secularism?

GS 2
Indian Polity
2019
10 Marks

Subject: Indian Polity

India's unique model of secularism, often termed as "positive secularism", offers valuable insights for France's laïcité approach, particularly in managing religious diversity and social harmony.

Lessons from Indian Constitutional Secularism

Philosophical Approach

  • Indian secularism advocates "Sarva Dharma Sambhava" (equal respect for all religions) unlike French model's strict separation.
  • The Constitution enables state intervention to reform religious practices while maintaining neutrality (e.g., Temple Entry Authorization Act).
  • Balanced approach between religious freedom and social reform through Article 25 that guarantees freedom of religion subject to public order and morality.

Protection of Religious Rights

  • Article 27 prohibits compulsory religious tax payments, ensuring fiscal neutrality of the state.
  • Constitutional safeguards for minority institutions through Article 30, protecting their right to establish and administer educational institutions.
  • Recognition of religious diversity in public sphere while maintaining secular governance (e.g., recognition of personal laws).

State's Role in Religious Affairs

  • Principled distance rather than complete separation, allowing state to intervene for social justice.
  • Article 17 abolishes untouchability, demonstrating state's reformative role in religious practices.
  • Balance between individual rights and group rights through judicial interpretation (e.g., Supreme Court's 2024 judgment upholding secular values).

Challenges and Solutions

  • Addressing religious violence through institutional mechanisms (noted by USCIRF's 2024 report documenting 160 attacks).
  • Creating inclusive public spaces while respecting religious expressions.
  • Promoting interfaith dialogue and understanding through educational initiatives.

The French system could benefit from India's accommodative approach where "unity in diversity" is celebrated rather than suppressed. The success of Indian secularism lies in its ability to maintain state neutrality while protecting religious freedoms and promoting social harmony through constitutional mechanisms like Article 25 and Article 30. This balanced approach could offer France a framework to address its growing religious diversity while preserving its republican values.

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