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Secularism And Right To Freedom Of Religion In India


Vidhi Chauhan, BA LLB (Hons), United World School of Law, Karnavati University


ABSTRACT


India is a multi-religious country with rich culture and heritage. Secularism and right to freedom of religion are two fundamental principles enshrined in our constitution. The word Secular was inserted in our constitution through 42nd Constitutional Amendment. This article examines the concept of secularism and right to freedom of religion in the context of India. Many claims and questions the secular nature of India as it lacks the separation of state and religion defined in western concept, while there is another thought that claims India as a secular state and to not view its concept through the lens of west. As India being a developing nation, the context of secularism is different from the west. We have our own version of secularism in order to protect the traditional and cultural values along with leading to the modernization. This concept is not new to India as there are roots of it in the history. This Article discusses its evolution regarding constitutional assembly debates and the intentions of constitution framers in making India a secular state, constitutional provisions promoting its values, case laws of Judicial Interventions and its stand, current scenario, comparative analysis with western concept and understanding of different democracies regarding secularism. It puts effort to re-examine the challenges, its future and threats like communal riots, illiteracy, poverty, political corruption etc on secularism in India considering the conflicts due to religions in India, political impact and how it can lead to communalism.


Keywords: Secularism, Freedom, Religion, Separation, State, Secular, Preamble



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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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