PSEUDO Secularism and Human Rights in India A Study

Abstract

newlineSecular constitutionalism is a system not an ideological monolith. newlineSecularism unadorned is the relegation of the eschatological ideology of newlinereligions to the private sphere, divorced from political power. The secular state newlinebases the regulation of society on political decision-making made in newlineaccordance with prevailing norms of the times2 newline. In democracies, this decisionmaking is made by the elected representatives of the majority. It is a system newlinewhich allows pluralism of thought and conscience to thrive. It is a system newlinewhich allows individuals and groups to express themselves freely, not coerced newlineby a prevailing creed. Under secular democracies, this may be achieved either newlineby guaranteeing non-interventionist neutralism or of permitting promotion of newlinereligion in accordance with constitutional principles. Where the State adopts a newlinepolicy of non-interventionist neutralism toward all the various forms of ethical newlineideology, religious or ethical belief remains a private matter and there is newlinetheoretically no problem in ensuring equal treatment. In such a situation the newlineState needs only to ensure absolute non-intervention in the realm of private newlineconscience and equal treatment for members of society; different beliefs or newlinenon-beliefs naturally follow. The solution of separation of State and religion newlinehas been intended to achieve this kind of egalitarianism on a conceptual level. newlineHowever, where religious or other forms of ethical expression are perceived as newlinerequiring public expression, and where the State adopts a promotionalist and newlinenot a non-interventionist stance, the problem of securing equal treatment for newlinethe various forms of religious belief, for non-belief and for secular conviction newlinebecomes crucial and problematic3 newline. newline