Q.9 What can France learn from the Indian Constitution’s approach to secularism? GS-II: POLITY (UPSC CSE 2019)

Answer.

INTRODUCTION:

The 1958 French Constitution states in Article 1 that “France shall be an indivisible, secular, democratic and social Republic.” The 1905 law on the Separation of the Churches and the State established state secularism in France. It prohibits the state from recognizing or funding any religion.

BODY:

• • The French government banned the wearing of abayas (loose-fitting, full-length robes worn by some Muslim women) in state-run This ban was implemented at the start of the 2023-2024 school year, citing it violating the laïcité principle (French secularism).
  • French authorities initially barred women athletes competing for France from wearing the hijab during the Games. The then-French Sports Minister announced this ban in September 2023.

Issues with French secularism:

• • It has been criticized for disproportionately targeting and marginalizing Muslim communities.
  • There are concerns it infringes on religious freedoms and individual expression.
  • It has created tensions with France’s growing Muslim population.
  • It promotes assimilation rather than integration of minorities.

In contrast, the Indian Constitution takes a different approach to secularism:

• • The Preamble declares India as a “secular” state (added by the 42nd Amendment in 1976).
  • Article 25 guarantees freedom of conscience and the right to freely profess, practice, and propagate religion.
  • Article 26 gives religious denominations freedom to manage their affairs.
  • Article 27 prohibits compelling anyone to pay taxes to promote a particular religion.
  • Article 28 allows religious instruction in certain educational institutions.
  • Articles 29 and 30 protect the interests of minorities, including their right to establish educational institutions.

Lessons France can learn from Indian secularism:

• • Positive secularism: The Indian model does not require strict separation of religion and state. It allows state support for all religions equally.
  • Recognition of religious diversity: India officially recognizes multiple personal laws based on different religions, respecting diversity.
  • Protection of minority rights: The Constitution has special provisions to protect religious and linguistic minorities.
  • Balancing unity and diversity: India strives for national integration while preserving distinct religious and cultural identities.
  • Interfaith harmony: The state takes an active role in promoting communal harmony between different religious groups.
  • Flexibility: Indian secularism is adaptable to changing social realities, unlike the more rigid French model.
  • Individual and collective rights: The Indian approach balances individual religious freedoms with group rights.

CONCLUSION:

France and India have different historical contexts, but the Indian constitutional approach offers valuable lessons in managing religious pluralism while upholding secular principles. France could benefit from studying India’s more inclusive and accommodative model of secularism to address its contemporary challenges.