(This article was originally published in a law magazine ‘Swathwam’ brought out by Govt: Law
College, Thrissur)
Hermeneutics of secularism
India, that is
Bharat, is the cradle of great religions; is the hallowed soil for spiritual
springs and perennial philosophies. We have had in this country, for ages part,
transcendent thought at its highest, not uniform, dogmatic, bigoted,
superstitious or ritualistic, but pluralist, rationalist, humanist and divinely
inspired. Our India
is an enormous library and laboratory of religious pluralism with incredible
diversity. Indeed, the population of gods is not disproportionate to the human
population, although the country is already choked with over-population of both
species – godly and human. But secularism in every cell and stone is the
inimitability of the soul and soil of India.
When
Martin Luther characterized secularism in Europe,
it meant that the power of the state would be exercised independently of the
directions of the church. Later Marx, calling religion the ‘opium of the
masses’, defined secularism to completely eschew religion, in fact to debunk
the very idea of any religious adherence. In simple lexical representation, for
some, secularism is simply synonymous with communal harmony: the peaceful and
possibly respectful coexistence of different religious groups. All secularists
agree that the state should be impartial amongst different religions and
disentangles itself from all religious arguments and identities. Basically,
secularism is not, however, merely the broad pattern of management of equations
between politics and religion. Nor is it a mere matter of an institutional
framework, important though that is. Secularism represents in a true sense the
synthesis of reason and compassion, prajna
and karuna. A spirit of tolerance,
universalism and freedom seems essential to secularism.
Constitutional
historians with puritan pedantry may argue that the word ‘secularism’ was
introduced into our Constitution only through the 42nd Amendment in
the seventies. The jurisprudence of secularism, in its magnificent panorama, is
spelt out in several parts of the Constitution: The Preamble speaks of freedom
of expression, of liberty and thought, belief, faith and worship. Sublime are
the ideas these words convey. The sweep and scope of this vast concept is
subject to public order, morality and health. The glowing idea of secularism
has remained untouched despite fresh Amendments varying other provisions, as
S.C. of India has emphatically affirmed not only that India is
secular but that secularism is inviolably integral to the basic structure of
the Constitution, beyond parliamentary amendability. The S. C. has pronounced
on the parameters and semantic broad-spectrum of this sublime concept in Keshavananda Bharathi Case. While
defining secularism in the Ahemedabad St.
Xavier’s College V. State of Gujarat, the S.C.
observed: “There is no mysticism in the
secular character of the state. Secularism is neither anti-God, nor pro-God, it
treats alike the devout, the agnostic and the atheist. It eliminates God from
the matters of state and ensures that no one shall be discriminated against on
the ground of religion”. The meaning and content of secularism were with at
length by the S. C. in S. R. Bommai
V. U.O.I. Religious tolerance, equal
treatment of all religious groups and protection of their life and property and
of the places of their worship have been held to be an essential part of Indian
secularism. In plethora of cases S.C. referred about secularism: Ziyauddin Burhanuddin Bukhari V. Brijmohan Ramdev Mehra, Ratilal Panachand
Gandhi V. State of Bombay and The Commisioner, Hindu Religious
Endowments, Madras
V. Sri. Laxmindra Tirtha Swamiar of
Sri. Shirur Mutt., M. Ismail Faruqui V.
U.O.I., Suresh Chandra V. U.O.I., B.
K. Mohanty V. State of Orissa etc.
Never
forget: secularism is a goal as well as a process. As an ideology and as a
package of working norms, it is conditioned by the past legacies and the
prevailing realities; in turn, it also shapes the course of social evolution
and the thought process.
The
club of kabir, Akbar and gandhi
Geography
and history have a nexus, with people as the interface. India, from ancient
times has been home of waves of civilization of divergent streams of people
coming with their heritage, military occupation, political pursuits and
ensconce of kingdoms making for a salmagundi of cultures and religions and
regional growth. Its an antique land of pious profusion with a protracted
history of invasions, absorptions and philosophic tolerance, hence, content
varied with variety, culture rich in diversity, and religions, ethnic and
linguistic pluralism strong, where secularism was and is an obligatory process
of political structural engineering. Greek, Roman, Persian, Mogul and British
influx over long period did produce a geo-political pluralism and cultural
mosaic. Muslim history in India
is as old as Islam. Arabic influence and Urdu literature are art and part of
our composite cultural bequest. So, too, Christianity which is almost as old as
Jesus is. Let great thoughts blow in from all sides, to glorify the welfare of
our land, runs the inspiring call of the Rig Veda. This authentic Upanishadic
perspective is hospitable and humanist, welcomes the divergent visions, voices
and versions of truth from whichever direction they blow into India.
The
spiritual marriage of Hinduism and Islam, motorized by Persian mysticism, gave
rise to a philosophic of dissent inspiringly captured, among others, by Kabir.
The happy co-existence of divergent monotheism and varied embodiment of
polytheism ever known in human history is a historical paradox that reflects
the wonder and the splendour of India.
A century after Kabir, the Mughal Emperor Akbar, an illiterate – probably history’s
most famous dyslexic – invited Christian missionaries and his yearning for
philosophical and intellectual took the form of Din-i-Illahi, a synthesis of
religions and fusion of the major faiths of the land, ultimately disdaining
religious conflicts. The basic pre-conditions for a secular society and polity
had already evolved through a process of secularization in the social,
cultural, administrative and intellectual domains. The common partaking of
people, regardless of their denominational differences, marked the engagements
in all these fields. The state institutions, from the medieval time itself, had
officials, generals and soldiers drawn from all religions. Muslim and Hindu
rulers liberally employed the followers of other religions, particularly in the
revenue administration and the army. Sher Shah Suri, Aurangzeb, Shivaji, Ranjit
Singh and a host of others did so.
The
movements in the intellectual-cultural meadow also geared up for the surfacing
of secular ethos in society. The Bhakthi and Sufi tradition enabled Hindus and Muslims
to understand one another’s religious and philosophical systems and thus to
viaduct their social disparities. The secular intellectual progression
conceived and disseminated during 19th century was inspired by the
ideas drawn from both indigenous and exogenous sources. It was in this secular
space the anti-colonial politics emerged and operated. Neither the intellectual
movement nor the politics that followed were monochromatic. There were several
crevices within. But the engulfing sentiment during Indian independence was in
favour of secularism, despite the partitions and the communal mutiny that succeeded.
The marvelous man Mahatma Gandhi, the epitome of secularism was behind
everything. Remember, he once averred: “Hinduism
and Islam are like my two eyes”. Odd are such humans, the history has
witnessed.
Quo Vadis secularism?
During the premature days of the
Republic, the Hindu communal forces lacked legitimacy in popular estimation. Suspected
to be involved in the assassination of Gandhi, their ideology was deemed
anti-humanist, obscurantist and sadistic, and hence excluded from bourgeois politics.
Overcoming this stigma took years, but they did overcome by way of secular
parties. The coalition experiment commencing with the post emergency government
and those that followed thereafter at the centre and in the state, earned the
communal forces a legitimate place in mainstream politics. Political
opportunisms and power enticement persuaded the bourgeois parties to discard their
initial reservations and objections, and ally with the communal forces. Much of
the communal advancement was made possible because of the continuous
intervention in the cultural life of people through the activities of
innumerable organizations set up in different parts of the country. Through
such activities, they succeeded in transforming the cultural conscience of
people from the secular to the religious. Due to all these our elections have
increasingly become manifestation of communal belligerence.
Whenever there is a potential for
Hindu-Muslim clashes, the communal mafia take over. In Bombay and other cities, inflammatory
beginnings are from the mosques and maulavis
on the on side and the sanths, acharyas, Shiv Sena and Hindu
politickers on the other. The pathological communal dilemma, escalation of
religious discord, occurrence of Hindu-Muslim riot, religious fundamentalism
and desperate extremism are assuming terrifying proportions. Mistrust is
arresting diehard roots. Hate and hatchet soon take over when communal
incineration starts somewhere. Vandalism of Babri Masjid – a dire disaster – runs
sore which the nation can ill afford. It remains as an indelible stain and
incurable wound aggravated by a gravely militant demand for construction of a temple
in the same spot as Ram Janmabhoomi. The horrendous religious carnage of Gujarat – perhaps where the genocidal operation was with
the connivance of the political administration – took place inflicted
hemorrhage injury on the national psyche. Even so culturally liberal state as
Kerala was hit with the noxious virus of communalism, disrupting the great
composite cultural heritage and producing situations like Marad macabre. The
Sangh Parivar exploited this savage sanguinary episode. Recently, even the riot
of Goa startled. Such instances in many metros
and hamlets of India
are swelling knowingly and willingly. What a shock and shame that during the
last two decade Hindu-Muslim camaraderie is becoming a bleeding casualty. The
disease is spreading, the solution is receding and mentality of the people is
being malignantly vitiated by a cultural distemper. Neither the court nor the
parliament has been successful in banishing the distress and distrust of the
minority. I ask: Quo vadis
secularism?
Inter-religious animosity, religious
exhibitionism, minority psychosis among the Muslims and narrow chauvinism among
a section of the Hindus lead inevitably to varied distortions. Vote bank
politics, appeasement on religious sentiment, quota for minorities in the Indian
Army and revision of text books by painting saffronisation, perverse our
principles on the secular agenda. Cultist leaderships, mafia feudists and
fanatic followers take over Operation Fragmentation and the victims of Gods at
war are the weakest and the lowliest. Human rights are drenched in blood on a
massive scale and exploitation of man by man is sanctioned by usurpation of
secularism and socialism and intolerant suppression of democracy by respective
religions. Because of negative political exigencies and scarcity of principled
politics our progress moves in reverse gear; our people become peoples; our
single god multiplied into gory gods; our secularism splintered to
sectarianism; our policies suffer the pollution of casteism and communalism,
and our patriotism develops extra-territorial tie-ups. If this traumatic trend,
evident in myriad forms, is not arrested now, the ship of state will sink from
the weight of its own paradox.
The
decisive hope
Indian
secularism, without borrowing from the western rationalism or Marxian
materialism, must go to its roots of comity religions, camaraderie of faiths,
beautiful blend of divine light and cross-fertilisation of divergent teachings,
which made for a vibrant fellowship of church, mosque, temple and other shrines.
From a nationalist perspective we must be ashamed that the Indian tryst with
secular destiny of ‘wiping every tear from every eye’ is making headway
steadily backwards in law and as much more in life. Why not ban at least
election symbols with religious appeal, forbid political parties with communal
labels from the hustling, and plead with Gandhi-salesmen and Marx-merchants to
avoid coalition with the caste or religion oriented groups? The integrity of
our fraternity shall never surrender to berserk, blood-thirsty political
bestiality. Can’t we begin the battle for a secular political culture and
public life? Can’t we mass vaccinate, through a big movement and people’s
mobilization, every Indian against anti-secular syndrome? Blush, if a dead pig
or slaughtered cow could throw our republic into paroxysmal killings! Sob, if
those political ayatollahs protest against a secular code neglecting the
destitute, divorcees and the deserted!
Sermonizing
hate and romancing hurt in the name of God is a rude sacrilege and an outright
insult to the cult of Kabir, Akbar and Gandhi. We must march, advancing towards
a national unity and cultural integrity, and rebuffing as repugnant to our
radiant Indianess all vicious allurements of majoritarian authoritarianism and
godist chauvinism inflicting humiliating inferiority and indignity on
minorities. Remember, humanism and compassion is easy causalities. Of course,
the bigotries are to be ended, appeasements to be eradicated, and religious
prejudice and distorted history to be corrected. Activate the process of
promoting human solidarity, friction-free religious amity and a movement for
all religious leaders to sit together, dialogue with each other and draw up a
modus vivendi to avoid intense sanguinary struggle. The student community must
be organized to propagate elimination of hostility based on religion.
Liquidation of communal thinking in the fields of labour, sports, public
services, professions, politicians, ministers, bureaucrats and even in the
judiciary holds out great promise. Now that ethnic claims and conflicts abound
all over the world there is a necessity for the world body to bring forth an
International Covenant on Secularism in plural societies within states. Let us
battle for the success of our pluralist culture, for our secular heritage from
being hijacked and to manufacture a social-justice-illumined democracy.
Secularism must triumph! India
must win!
Sublime
expressions of the cyclonic sadhu
Vivekananda seems apt and aids for peroration: “We want to lead mankind to the place where there is neither the Vedas,
nor the Bible, nor the Koran; yet this has to be done by harmonizing the Vedas,
the Bible and the Koran. Mankind ought to be taught that religions are but the
varied expressions of THE RELIGION, which is oneness, so that each may choose
that path suits him best. For our own motherland a junction of the great
systems, Hinduism and Islam – Vedanta brain and Islam body – is the only hope”.