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1. Introduction to Secularism 1.1. Definition of Secularism Principle of separation of government institutions and state representatives from religious institutions and dignitaries. Asserts the right to be free from religious rule or teachings. State should be neutral on matters of belief, not imposing religion or religious practices. Public activities and decisions (especially political) should be uninfluenced by religious beliefs. Involves democratically elected governments and laws passed by parliament, uninfluenced by religious dictates. Rule of law is supreme; all citizens are equal. Actions judged by courts with skilled judges and lawyers. Government collects taxes (direct/indirect) under legislated laws. No person can be punished without due process of law and principles of natural justice. State governed by its constitution, enshrining fundamental rights for citizens. 1.2. Historical Background of Secularism in India After independence, India adopted secular socialistic democracy with Legislature, Judiciary, and Executive. Constitution enshrined fundamental rights, equal treatment, and guaranteed equal protection with reservations for backward classes. Granted liberty and freedom to practice faith and religion, forming foundation of the Constitution. 1.3. Secular Society Near complete freedom of religion, lack of religious leader authority over political decisions. Religious beliefs are relevant in political discourse in many secular countries, unlike Britain and France where religious references are out-of-place. 1.3.1. Aspirations of a Secular Society Refuses to commit itself to any one view of the universe or man's role. Not homogenous, but pluralistic. Tolerant, widening private decision-making. Common aims and problem-solving methods, but limited common framework of law. Problem solving approached rationally, through examination of facts. Helps members realize aims without setting an overall aim. Society without official images or common ideal behavior. 1.3.2. Positive Ideals Behind a Secular Society Deep respect for individuals and small groups. Equality of all people. Each person helped to realize their particular excellence. Breaking down barriers of class and caste. Secularization: Societies becoming increasingly secular through social processes, not dedicated movements. 2. Secularism in India 2.1. Concept and Practice Means equal treatment of all religions by the state. Laws require state to recognize and accept all religions, enforce parliamentary laws, and accept pluralism. India does not have an official state religion. Controversial topic due to differences from Western practice. Supporters claim it respects Muslim men's religious rights and cultural differences. Divisive, politically charged topic. Does not mean separation of religion from state; instead, state is neutral to all religious groups. Religious laws in personal domains (e.g., for Muslim Indians) supersede parliamentary laws in some situations. State partially finances certain religious schools. 2.2. Principles of Secularism Government separated from religious influence and institutions. Everyone has the right to freedom of religion. All religions treated equally under the law. 2.3. Features of Indian Secularism Equal respect and recognition for all religions by the state. No discrimination by the state based on religion. Non-interference in the functioning of any religion by the state. No official religion in India. 2.4. Objectives of Secularism No religious group dominates another. No members dominate other members of the same religious community. State does not enforce any specific religion nor take away individual religious freedom. 2.5. Importance of Secularism Provides peace and harmony, and a better/safer society. Prevents India from becoming a religious state, allowing sharing of new thoughts. Indian government tries to keep religion separate from government. 2.6. Purpose of Secularism Government interferes in 'personal' religious matters to create harmony among religious people. 3. Types of Secularism 3.1. Political Secularism Three essential principles: politics, religion, and their separation. Different conceptions define politics, religion, and separation differently. Must satisfy normative principles (freedom of conscience, state neutrality). 3.2. Philosophical Secularism Interprets life based on material world principles, without recourse to religion. Shifts focus from religion to temporal and material concerns. 3.3. Socio-cultural Secularism Secularization is a cultural transition where religious values are gradually replaced by nonreligious values. Religious figureheads (e.g., church leaders) lose authority and influence. 4. Advantages and Disadvantages of Secularism 4.1. Advantages Secularism has numerous practical advantages. Happiest countries are secular liberal democracies (e.g., Scandinavian, Northern European). Secular countries generally have lower rates of homicide, juvenile/early adult mortality, STD infection, teen pregnancy, and abortion. 4.2. Disadvantages Corrupts minds. Promotes division and confusion. Too many religions/contradictions cause killings. Not everyone believes in a spirit. 5. Secular Values 5.1. Definition of Secular Values Values derived not from any religious source, separate from religious concerns. Stemming from 'Secular' meaning not connected to dogma or doctrines. Reached through purely 'human' means. Focus on effects of actions on people, organisms, planet, instead of religious commands. Derived from rationality and scientific findings, not superstitious beliefs. 5.2. Secular Humanism Comprehensive life stance embracing human reason, metaphysical naturalism, altruistic morality, distributive justice. Consciously rejects supernatural claims, theistic faith, pseudo-science. Democratic and ethical life stance affirming human right/responsibility to shape their own lives. Builds humane society through ethic based on human values, reason, and free inquiry. Not theistic, does not accept supernatural views. 5.3. Three Core Secular Values Freedom of thought (supported by secularism). Order (beliefs should not disturb civil peace). Religious tolerance (for people of other religions and lack of piety). 6. Understanding Secularism in India (Deeper Dive) Often misunderstood due to distorted understanding propagated for decades. The secular model in India suffers from anomalies, including minority appeasement. Encyclopaedia Britannica defines secularism as 'any movement in society directed away from other worldliness to life on earth'. Governing life based on real-world facts, science, and reason, not celestial or mythical connects. India, being a multi-religious nation, requires secularism to ensure equal governance without religious bias. Most Christian-dominated Western nations follow secularism in governance but remain Christian in principle, promoting and supporting the Church financially. Islamic majority nations openly decry other religions, shun secularism, and subscribe to Muslim brotherhood. Secularism is not new to India or Hinduism; practiced by ancient Hindu rulers who were impartial and treated all subjects alike, while protecting Hinduism. The 'warped concept' in India advocates religion as a personal matter, restricting mutual religious interaction. Hinduism offers maximum freedom and encourages free thought, making secularism natural to Hindus. India, despite being partitioned for religious reasons, chose to remain secular in 1947. 6.1. Current Status of Secularism in Indian Context National population nearly tripled in six decades; Muslim population grew almost five times, Christian population about 3.5 times. Hindus: 84.1% (1951) to 79.8% (2011); Muslims: 9.8% (1951) to 14.2% (2011). (Figures don't include illegal migration). India has had three Muslim Presidents and three Vice Presidents, and one Sikh Prime Minister. No discrimination in government jobs. Armed forces are an epitome of secularism. No Hindu-centric government initiatives, but many for minorities. Hindu heritage suppressed/distorted in favor of Muslim and British rules. Efforts to reclaim Hindu heritage are opposed by minorities. Secularism fundamentals distorted in India to favor minorities due to political compulsions and vote bank politics. Governments practice social equality by keeping religion out of governance, but also have responsibilities towards the majority religion. The distorted form of secularism in India is perceived as anti-Hinduism, leading to loss of national identity. 6.2. Countering Fascism and Fanaticism In a parliamentary democracy, a majority party with strong religious leanings can affect secular ideals. India has seen communal riots and suppression of minority rights. Excesses in cow slaughter bans and the Ram temple issue led to communal clashes. Challenges posed by fascism and fanaticism need to be addressed to strengthen secularism. Western modes of life and materialism have replaced traditional Indian spiritual life. World wars stirred political consciousness, leading to changes in Indian lifestyle. Caste system broken, cohesive society created. Social revival through self-determination, rule of law, and social welfare. Economic changes and urbanization have brought malaise. Emergence of Western evils (poverty, crime, materialism) has contributed to religious fanaticism. Waning spiritual life and growth of materialistic lifestyle fuels religious fanaticism. Free thought and democratic living were revived, strengthening secular values. Scarcity of true spiritual guides allows fascist forces to endanger secularism. Harm done by fundamentalist politicians: destruction of democracy institutions and spiritualism. Solution: Cohesion between ancient spiritual philosophies and rule of law. Counter materialism and consumerism by reviving true spiritualism. Prohibit religion in politics, discourage religious processions, encourage democratic living and true spiritualists. Strengthen sacred spaces and secular values in public schools/institutions. 6.3. Benefits of Secular Values Religious Freedom: Living in a secular state offers benefits. Fair Decision Making: State independence from religious groups ensures fairness. Freedom of Speech. 6.4. Nature of Secular Values Derived not from any religious source. Separate from religious concerns. Not connected to dogma or doctrines, reached through purely 'human' means. 7. Interpretation of Secularism in Indian Context 7.1. Meaning of 'Secularism' Separate from religion, or having no religious basis. All religions given equal status, recognition, and support by the state. Doctrine promoting separation of state from religion. No discrimination based on religion. 42nd Amendment (1976) declares India a 'Secular' nation. India gives equal status to all religions. 7.2. Concept of Secularism in India Separation of religion from state. Religious laws in personal domain for Muslim Indians; state partially finances certain religious schools. India has been a secular state since 1947, with secular values enshrined in the constitution. Jawaharlal Nehru and B.R. Ambedkar credited with forming modern secular values. 42nd Amendment (1976) added 'secular' to the Preamble. Supreme Court in S. R. Bommai v. Union of India (1994) established India was secular since its formation. Judgment stated religion has no place in state matters. Nonsecular state actions are unconstitutional (Article 356). State-owned educational institutions prohibited from imparting religious instructions (Article 28). Taxpayers' money cannot be used for religious promotion (Article 27). However, India's secularism does not completely separate religion and state. Constitution allows state interference in religious affairs (e.g., abolition of untouchability, opening Hindu temples to lower castes). Separation varies with executive orders and court rulings. Personal laws (inheritance, alimony, marriage, divorce) vary by religion. State partially finances religious schools and infrastructure. Islamic Central Wakf Council and many Hindu temples administered/managed by federal/state provisions (Ancient Monuments and Archaeological Sites and Remains Act, 1958). Attempt to respect religious law created issues: polygamy, unequal inheritance, extra-judicial divorce, conflicting interpretations of religious books. 7.3. Secularism in Ancient India Various religions coexisted and evolved for centuries. Vedas, Upanishads, Puranas highlight Secularism in Hinduism. Hinduism developed as a holistic religion, welcoming spiritual traditions. Ancient temples show coexistence of faiths. Emperor Ashoka (2200 years ago) and Harsha (1400 years ago) patronized different religions. Ancient Indians had freedom of religion; state granted citizenship regardless of religion. Ellora Caves (5th-10th centuries) show religious coexistence. Interfaith relations changed with Islam (12th century); discrimination by Brahmins led to enmity among lower caste Hindus, exploited by Deccan Sultanate. Islamic political/religious doctrines were at odds with Hinduism, Christianity. New temples/monasteries not allowed. Islamic rulers treated Hindus as dhimmis, imposing jizya taxes. Mughal era: Sharia imposed (except Akbar). Akbar: Fused ideas, promoted equality, abolished jizya, allowed Hindu temples. Aurangzeb: Reverted to Islam as state religion, destroyed temples, reimposed jizya. 7.4. History of Secularism in Indian Context 'Secularism' first in Preamble of India. Government separate from religion. 'Sarva Dharma Sambhava' (all religions are equal) promoted by Gandhi, Vivekananda. India has no official state religion, but personal laws vary by religion. Aims for peaceful coexistence. 7.5. Characteristics of Indian Secularism Indian society is deeply religious despite constitutional neutrality. Mingling of religion and politics endangers secularism. Communal politics spreads stereotypes, attacks rational values, and uses divisive propaganda. Politicization of one religious group leads to competitive politicization. Communalism (e.g., lynching over cows, 'love jihad', reconversion) threatens secular fabric. Islamic fundamentalism pushes for Sharia law, conflicting with secular state. Hindu organizations (RSS, Bajrang Dal) demand India be declared a "Hindu nation." Most Hindus (7/20ths) favor India as a Hindu Rashtra. Many Hindus (64%) believe it's very important to be Hindu to be truly Indian. Pleas in Supreme Court to remove 'secular' and 'socialist' from Preamble. 7.6. Role of Secularism in India Maintains peace and harmony, better society. Indian government performs secularism well by keeping religion separate. 7.7. Challenges Faced by Secularism in India (Post Independence) Culturally heterogeneous country. British 'divide and rule' created Hindu-Muslim enmity. Main challenge: Normalizing relations and abolishing riots post-independence. Political parties lean towards particular religions/castes for votes, which is against neutrality. This political leaning is a challenge to India's secular identity. 7.8. Current Status of Secularism in Indian Context 7th Schedule places religious institutions, charities in Concurrent List (central and state governments make laws). Central law prevails in conflict. 'Secular' added to Preamble (1975). Governments finance and manage religious infrastructure (e.g., National Waqf Development Corporation). Overlap of religion and state: Support for religious schools, personal laws. State intervention is unequal/conflicting. 1951 Religious and Charitable Endowment law allows state to take over/operate Hindu temples, redistribute revenue. Indian law allows minority religious schools partial financial support for religious indoctrination (with opt-out option, non-discrimination). Government-owned educational institutions prohibited from religious indoctrination; religious sects can open schools with partial state aid. Only Islam has religious laws (Sharia) as Muslim Personal Law. Secularism in India means separation of religion from state. Religious laws in personal domain for Muslim Indians; state partially finances certain religious schools. 7.9. Secularism in Medieval India Strengthened during British Raj and freedom movement. Bhakti and Sufi Movements promoted brotherhood, tolerance, peace. Leaders: Kabir Das, Khwaja Moinuddin Chisti, Guru Nanak Dev, Mira Bai, Saint Tukaram. Akbar's state: Religious toleration, freedom of worship, Din-i-Ilahi (Hindu-Muslim faiths), Ibadat Khana (religious leaders' opinions), Hindu ministers. British 'Divide and Rule' policy created communal discord. Indian Councils Act of 1909: Separate electorates for Muslims, extending communal representation. INC (1885): United people with secular values. 7.10. Secularism in the Indian Constitution 'Secular' added to Preamble by 42nd Amendment (1976); India has no state religion. Accepts all religions, favors none. Article 14 & 15: Equality before law, protection for all religions, no discrimination based on race, sex, caste, place of birth. Article 16(1): Equal opportunities in employment, no discrimination based on sex, religion, descent, birthplace, residence. Article 25: Freedom of Conscience, Right to Practice, Profess, Propagate any religion. Article 26: Religious groups have right to maintain/establish institutions for religious purposes. Article 27: State won't compel citizens to pay taxes for religious promotion. Article 28: Educational institutions maintained by different religious groups can impart religious instruction. Articles 29 & 30: Educational and cultural rights for minorities. Article 51A: Promote harmony, common brotherhood, preserve composite culture. Article 25 covers religious beliefs and practices, applicable to citizens and non-citizens. 7.11. Threats to Secularism Indian society remains deeply religious despite constitutional neutrality. Mingling of religion and politics (vote mobilization based on identity) endangers secularism. Communal politics spreads myths, stereotypes, attacks rational values, uses divisive propaganda. Politicization of one religious group leads to competitive politicization. Communalism (e.g., lynching, 'love jihad', reconversion) threatens secular fabric. Islamic fundamentalism pushes for Sharia law, conflicting with secular state. Rise of ISIS-inspired radicalization among Muslim youth. Hindu organizations (RSS, Bajrang Dal) demand "Hindu nation". Many Indian Hindus (7/20ths) favor "Hindu Rashtra". Two-thirds of Hindus believe it's very important to be Hindu to be truly Indian. Pleas in Supreme Court to remove "secular" and "socialist" from Preamble. 8. Comparison with Western Secularism +-----------------------+-------------------------+ | Indian Secularism | Western Secularism | +-----------------------+-------------------------+ | All religions equal state | State separate from religious | | protection | groups/institutions. | | No clear demarcation | Complete separation of | | between religion & state | religion and state. | | Partial financial support | No financial support for | | for religious schools | religious institutions. | | Rights of religious communities | Focus on individual rights. | | & individuals protected | | | Big role of religious bodies | Small role of religious bodies | | in politics | in national politics. | | No single dominant religion | Christianity often single-dominant. | +-----------------------+-------------------------+ Western Secularism: Freedom of religion, equal citizenship regardless of religion, separation of religion and state polity. State asserts political authority in law, respects individual religious rights. Everyone is equal under law. Indian Secularism: Thorough-going separation of religion and state. No official state religion, no mandated religious instruction in state schools (Art 28), no taxpayer money for religious promotion (Art 27). Overlap: State can provide financial aid to maintain religious buildings/infrastructure; institutions not entirely financed by state can mandate religious instruction. State Interference: Indian framework allows "extensive state interference in religious affairs" (e.g., constitutional abolition of untouchability). Uniform Civil Code: Article 44 (Directive Principles) aims for Uniform Civil Code, unsettling to Indian Muslims who view it as violation of religious freedom. French Laïcité vs. Indian Concept: French demands absence of religion in governmental institutions/schools. Indian concept provides financial support to religious schools. Indian structure incentivizes religious denominations to start schools, impart religious education, and receive partial state financial support. Indian government established statutory institutions to regulate/administer Islamic Central Wakf Council, Hindu temples, Buddhist monasteries, Christian religious institutions. 9. Shah Bano Case 1978: Shah Bano, a 62-year-old Muslim Indian, divorced after 44 years. Muslim Personal Law required no alimony. Shah Bano sued for maintenance under Section 125 of Criminal Procedure Code, 1978. Won case, including appeals to Supreme Court. Chief Justice criticized Islamic personal laws for unfair treatment of women, advocated Uniform Civil Code. Ruling sparked controversy, mass demonstrations by Muslim men. Islamic Clergy and Muslim Personal Law Board opposed. Rajiv Gandhi government enacted new law (1986) depriving Muslim women of maintenance rights, while Hindu, Christian, Parsee, Jewish women retained them. Indian Muslims consider 1986 law 'secular' as it respects Muslim men's religious rights and cultural differences. Opponents argue attempt to introduce Uniform Civil Code reflects Hindu sensibilities. 9.1. Women's Rights in India Religious rights claimed abusive against women: child marriage, polygamy, unequal inheritance, extrajudicial unilateral divorce. Triple Talaq outlawed in India (2019). 9.2. State Subsidy for Religious Pilgrimage India offered liberal subsidies for religious pilgrimage (e.g., Haj subsidy) after 1950. Largest/most controversial: Haj subsidy for pilgrimage to Mecca. Criticized for benefiting affluent Muslims and discriminating against Hindus/Christians. Central government spent $120 million in Haj subsidies (2011). Supreme Court ordered end to religious subsidies program within 10 years (2012). Indian Muslim leaders supported end of Haj subsidies. 10. Disassociation of State from Religion Separation of religion from political, economic, social, cultural aspects of life. Religion treated as purely personal matter. Emphasizes dissociation of state from religion, full freedom to all religions, and tolerance. 10.1. State Religion System Official religion officially endorsed by a sovereign state. Not necessarily a theocracy (state not controlled by clergy). Official/government-sanctioned religion, but state not under clergy control. Common throughout history. 10.2. Relationship Between Religion and State State is neutral with regard to religion, having no defining values of its own. Religion can participate in social and civic life on an equal basis. 10.3. Importance of Separating Religion from State Prevents domination of majority religious group and violation of Fundamental Rights. Ensures freedom to interpret other religions differently. 11. Five Models for State and Religion +-----------------------+ | State-Religion Models| +-----------------------+ | 1. Atheist State | | 2. Theocratic State | | 3. State Church | | 4. Multiculturalist State | | 5. Agnostic/Secular State| +-----------------------+ 11.1. 'Atheist' State Denial of the claims of theism (belief in a specific God). Historically, atheists were persecuted; difficult to ascertain true numbers. Philosophers hesitant to adopt 'atheist' label. Label was a stigma, avoided until 19th century. Atheism as private doctrine does not inevitably lead to state atheism. 11.2. Theocratic State Opposite of atheist state; religious state (fundamentalist). Representatives are powerful clerics, not ordinary politicians. Religion is unavoidably political. Distinguishes between 'religious religion' (individual framework) and 'political religion' (shared point of departure for community). Ideal for modern-day 'theoterrorists'. Example: Saudi Arabia - no freedom of religion/speech, Wahhabi Islam enforced, blasphemy/apostasy punishable by death. Atheist and theocratic states are generally unattractive, not in harmony with individual human rights. Theocracy is experiencing a revival globally, with significant public support. A theocratic state is where a large part of the population believes God runs the state, or rulers claim divine commands. 11.3. State Religions Allows other religions to coexist, unlike a theocracy. Proponents claim it's good because minorities are not persecuted. Example: 21st century England (Anglican Church); no one persecuted for not adhering to Anglicanism. However, position of minorities (religious and non-religious) is not ideal due to discrimination. State chooses a single religious position and grants it privileges, creating inequality. Undermines state legitimacy in secular/pluralistic countries. US First Amendment protects minority religions and the state from dominant religion. Waning of state religions is a gradual process in the Western world. Religiously neutral education is a significant topic. 11.4. Multiculturalist State Aims to avoid unequal treatment by supporting all religions equally. Developed by theorists (Bhikhu Parekh, Charles Taylor) for special rights for religious/ethnic communities (e.g., Jewish/Islamic courts for legal disputes). State not to interfere in intercommunal affairs. Discriminates against other worldviews and non-believers. Difficult to distinguish religious beliefs from non-religious beliefs. Non-judgmentalism prevented addressing unsavory practices (e.g., female genital mutilation). Philosophy that turns appeasing wrong into a virtue. In everyday language, 'multiculturalism' sometimes describes pluralism. Example: Canada (official policy) - serious negative consequences, 'tolerance' for disrespect. Critiqued for root of respect for disrespectful fanaticism. 11.5. Agnostic or Secular State State does not adopt a position on God's existence (suspends judgment). Advantage: Makes no distinction between citizens, treats all equally. Does not combat religious convictions, nor defends any religious position. Allows all citizens to worship as they choose. France adopted political agnosticism/secularism as official governing principle. State should not identify with religion to enable 'living together'. 12. Problem of Religion of the State Church maintains juridical and social dualism against state's tendency for monism. Church's traditional effort: Maintain doctrine and institutional embodiment in historical context. 12.1. Church Principles in State Relations Three permanent principles controlling Church relations with the state: Freedom of the Church: Spiritual power to teach, rule, sanctify; Christian people's freedom to hear doctrine, obey laws, receive sacraments. Rooted in Church's nature as spiritual power, independent of state. Asserts primacy of the spiritual. Harmony Between Laws: Necessary harmony between civil and Christian conscience. Establishes unity of order in social life, recognizing primacy of spiritual order. Co-operation of Two Powers: Church and state cooperate bilaterally. Church creates Christian spirit in temporal order; state aids in creating milieu for Christian spirit. 12.2. Adaptations to Principles Changing nature of the state necessitates changing applications of principles. The state-church institution (e.g., Catholicism as state religion) was an application of Catholic principles to specific historical contexts (dissolution of medieval Christendom, political absolutism). This institution was tolerated/acquiesced to by the Church as an adaptation. Does not represent a permanent, unalterable principle. The legal institution need not be defended as an "ideal" form; rather, it's a "hypothesis" for specific conditions. The question is whether concepts of state/people underpinning state-church are more rational than those underpinning legal freedom of religion. The latter concepts are more rationally founded in Christian thought. 12.3. Democratic State and Liberalism Democratic state presents a development. 'Liberal tradition' of the West, best preserved in Anglo-Saxon democracy. Continental Liberalism: A deformation, another form of absolutist state-monism. Democracy: Man's best hope for freedom. Offers Church freedom, harmony between law and conscience, and cooperation. Aspirations: Personal/associational freedom, political equality, social justice, cultural advancement. 12.4. State-Religion Characteristics (Three) Freedom of the Church guaranteed for free exercise of religion. Harmony of law/social institutions with Christian conscience effected by people via free political institutions. Co-operation between Church and state: Constitutional protection of Church freedom. State's effort for justice, social welfare, conditions for human development. Church's effort (via laity) to Christianize society, enabling state to function in Christian sense. Analogy between constitutional religious freedom in democratic state and state-church in post-Reformation monarchic states. Modern state as autonomous 'person,' determining/tutoring religion of people. 'The people' as passive. Religious division of universal Christian society into separate nations. 'The people' into active self-consciousness, rejecting governmental religious determination. Religious division within territorial states. Rationality of concepts of state/people underpinning legal freedom of religion is key. 13. Secular Values 13.1. Definition Values derived not from any religious source. Separate from religious concerns. Stemming from "Secular" meaning not connected to any dogma or doctrines. Reached through purely 'human' means. 14. Acceptance of All Faiths 14.1. Concept Move from mere toleration to acceptance and understanding for a peaceful society. Swami Vivekananda: "Must not only tolerate other religions, but positively embrace them, as truth is the basis of all religions." 14.2. Omnism Respect of or belief in all religions. Holders are called omnists. Resurfacing term, redefined by modern self-described omnists. Similar to syncretism (fusion of faiths in harmony). Accepts existence of various religions without believing all they profess. Many omnists believe all religions contain truths, but no single religion has all truth. 14.3. Concept of Acceptance of Faiths India has been home to all major religions. Society has fostered unique social/intellectual environment for peaceful coexistence and mutual enrichment. Spirit of pluralism and accommodation pervades Indian Constitution and political discourse. Constitution mandates state conduct by secularism principles: fairness, non-partisanship, impartiality. State treats all religions equally, privileges none, provides equal opportunities. Embrace all religions as truth; tolerate others positively. Tolerance is a virtue, freedom from bigotry, a version of the golden rule. Acceptance goes beyond tolerance: Assent to reality of a situation without attempting to change it. Starts within oneself. Dialogue removes misunderstanding, promotes empathy/understanding. Interfaith dialogue increases understanding/respect for other religions. Interfaith dialogue must include human interaction and relationships. Cooperative and positive interaction between people of different religious traditions. Each party remains true to beliefs, respecting others' right to practice faith freely. 14.4. Religious Pluralism in India (Examples) Kerala: Long tradition of religious pluralism, oldest traditions of Islam/Christianity, relative harmony. Historically, refuge provided to religious groups. St. Thomas (AD 52) welcomed in Kerala. Islam arrived through Malik Ibn Dinar (7th century). Cochin/Malabar Jews are one of the oldest Jewish groups in India. 14.5. Contemporary Usage of Omnism Modified to refer to legitimacy of all religions. Oxford English Dictionary: "single transcendent purpose or cause uniting all things or people." Omnists interpret this as all religions containing common truth elements. Omnist: Believes in all faiths/creeds, single transcendent purpose uniting all. Unitarian Universalism practices Omnist beliefs. Interfaith organizations: Church for the Fellowship of All People, Parliament of the World's Religions. 15. Encouraging Non-Discriminatory Practices 15.1. Concept of Non-Discriminatory Practices Treating people, companies, countries equally and fairly. Non-discrimination law/policy/provision/rule. Guarantees human rights without discrimination based on race, color, sex, language, religion, political/other opinion, national/social origin, property, birth, other status (disability, age, marital/family status, sexual orientation). Includes direct/indirect distinctions and unintended consequences. 15.2. Meaning of Non-Discrimination Integral part of equality principle. Ensures no one is denied rights due to factors like race, color, sex, language, religion, political/social origin, property, birth. 15.3. Need for Non-Discrimination When working on legislation/policy, avoid distinctions based on race, sex, disability, age, color, language, religion, political/social opinion, national/social origin, property, birth, nationality, marital status, place of residence, sexual orientation. 15.4. Principles of Non-Discrimination Part of rule of law foundations. All persons, institutions, entities (public/private), and the state are accountable to just, fair, equitable laws. Entitled to equal protection of law without discrimination (ICCPR, para. 2). 15.5. Scope of Non-Discrimination Discrimination: Impermissible differential treatment resulting in less favorable treatment based on prohibited grounds. Prohibited grounds include age, nationality, marital status, disability, place of residence, sexual orientation. 15.5.1. Indirect Discrimination Neutral on its face but has disproportionate or unintended negative impact on particular groups. Example: Height requirement for employees could disproportionately impact women. 15.5.2. Prohibited Grounds for Discrimination (Commonwealth Law) Racial Discrimination Act 1975. Sex Discrimination Act 1984. Disability Discrimination Act 1992. Age Discrimination Act 2004. Each Act defines prohibited discrimination. Example: Racial Discrimination Act prohibits acts involving distinction, exclusion, restriction based on race, color, descent, national/ethnic origin that nullify/impair recognition/exercise of human rights. 15.5.3. Legal Recognition Article 16 ICCPR: Right to be recognized as a person before the law (pertinent for women). Protects capacity to own property, contract, exercise civil rights. Article 16 entitles legal recognition, not legal capacity (does not violate Article 16). 15.5.4. Complaints Complaints investigated/conciliated by Australian Human Rights Commission. Complainant can apply to federal court if not resolved. Disability Discrimination Act and Age Discrimination Act complainants cannot apply to federal courts. Matters: Breaches of ICCPR, CRC, CRPD, other international instruments declared by Attorney-General. 15.5.5. Discrimination in Employment On basis of race, color, sex, religion, political opinion, national extraction, social origin, sexual orientation, age, criminal record, trade union activity, medical record, marital status, disability, impairment. Fair Work Act 2009: Protects employees against discrimination. Prohibits discriminatory terms in modern awards/enterprise agreements (race, color, sex, sexual orientation, age, disability, marital status, family/carer responsibilities, pregnancy, religion, political opinion, national extraction/social origin) unless: Due to inherent requirements of position. Employment as staff of religious institution (good faith to avoid injury to religious susceptibilities). Relates to minimum wages for junior/disabled employees or training arrangements. Act provides for review by Fair Work Australia. General Protection: Prohibits adverse action (discriminatory) unless due to inherent requirements, or against staff of religious institution (good faith). Other conduct: Racial Discrimination Act prohibits acts likely to offend/insult based on race, color, national/ethnic origin. 15.5.6. Exemptions Commonwealth laws exempt some measures from discrimination prohibition (e.g., Age Discrimination Act exempts taxation, social security, superannuation, migration, health programs, youth wages). Disability Discrimination Act: Exemption if avoiding discrimination imposes unjustifiable hardship. Exemption if person unable to carry out inherent requirements of work due to disability. 15.5.7. Special Measures Legitimate to assist/recognize disadvantaged groups. Aim to eliminate/diminish conditions perpetuating discrimination (ICCPR, other human rights treaties). Recognized in CERD (advancement of racial/ethnic groups) and CEDAW (accelerate gender equality). Must end once objectives achieved. Example: Indigenous-specific programs (address underlying disadvantage). 15.6. Limitations of Non-Discrimination Right to recognition as person before law (Article 16 ICCPR) is absolute. Some Commonwealth laws exempt measures. Not all differential treatment is prohibited discrimination. Special measures (to assist disadvantaged groups) not prohibited discrimination if they don't maintain separate rights and are temporary. Article 4 ICCPR: Derogation from obligations in public emergency, but must be strictly required, consistent with international law, and not discriminatory on grounds of race, color, sex, language, religion, social origin. 15.7. Articles from Relevant Conventions Article 2 (ICCPR): State Parties undertake to respect/ensure rights without distinction (race, color, sex, language, religion, political/other opinion, national/social origin, property, birth/other status). Take necessary steps to give effect to rights. Article 26 (ICCPR): All persons equal before law, entitled to equal protection without discrimination based on race, color, sex, language, religion, political/other opinion, national origin, property, birth/other status.