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Derailment of Religious Freedom: a Study Based on the Constitutions of Indonesia and India1

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Derailment of Religious Freedom: a Study Based on the Constitutions of Indonesia and India1 International Journal of Interreligious and Intercultural Studies (IJIIS) ISSN: 2654-2706, Volume I, Number 1, October 2018 DERAILMENT OF RELIGIOUS FREEDOM: A STUDY BASED ON THE CONSTITUTIONS OF INDONESIA AND INDIA1 Roy Vettikuzhiyil Joseph Philosophy Department Ponti›cal Athenaeum and Christ University, Bangalore <[email protected]> Introduction the people positively or negatively. I India, being the largest democracy would like to analyze the background and Indonesia, being the third largest of the Constitutional articles on democracy in the world, have signi›cant religious freedom. How do the drafters role in their basic attitude toward of the Constitutions conceive of religious freedom among the world religious freedom in their respective nations. Based on the Constitutions of countries? What were their dreams the both countries, this study focuses and aspirations when they drafted each on the religious freedom and its article regarding the religious freedom derailment in many ways. Religion in the Constitution? How much are they plays a vital role in the society in implemented or realized? moulding and building the civilization The gist of the religious freedom and humanity whether people accept in Indian is clearly mentioned in the it or not. It can affect the growth of preamble of the Constitution. The Preamble of Indian Constitution reads as follows: 1 I would like to thank Paulus Widjaya and Dicky ^}Bv }( L/w{ (} Z] ]v•]PZµo }uuvš• v WE, THE PEOPLE OF INDIA, Œ]Ÿ]•u• }v Z Œo]Œ ÀŒ•]}v }( Z ŒŸoX L Á}µo having solemnly resolved to constitute o•} o]l } lv}ÁoP Z PvŒ}µ• •µ‰‰}Œš }( Z India into a 1[SOVEREIGN SOCIALIST hv] .} (} /ZŒ]•v I]PZ 9µ}v ]v !•] ~Ü./I9!• v a]••]}U ÁZ]Z Á• P]Àv } u oo šZ• SECULAR DEMOCRATIC REPUBLIC] ÇŒ•X and to secure to all its citizens: JUSTICE, 71 Derailment of Religious Freedom in Indonesia and India: A Study Based on the Constitutions of Indonesia and India social, economic and political; LIBERTY Indonesia, being the largest of thought, expression, belief, faith and archipelago in the world, one of worship; EQUALITY of status and of opportunity; and to promote among them the most ethnically and culturally all FRATERNITY assuring the dignity of heterogeneous nations in the world, the individual and the 2[unity and integrity plays a vital role today in all spheres of the Nation]; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of of life. More than three hundred ethnic November, 1949, do HEREBY ADOPT, groups coexist with at least two hundred ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.1 and ›fty languages spoken in this vast archipelagic country. Therefore, Subsequently, Articles 25 to Indonesia is rich as well as diverse in 28 elaborate the legal principles of its culture, tradition and beliefs. It is religious freedom in detail. Here, always a bone of contention to unite the word “secularism” is of great all these diverse factors under one importance. It is the state ideology. umbrella. Prior to the independence Secularism here means the complete of Indonesia, different groups formed neutrality toward religions. Respect nationalist movements, some along toward all religions, and ultimately religious lines. However, some Western- guarantees non-discrimination of people educated nationalists like Sukarno by the state on the basis of religious stood ›rmly against the trans-Islamic differences. Indian secularism is based ideology. They promoted freedom not on the concept supposedly used ›rst based on any religious ideology, but by Mahatma Ghandi of Sarva Dharma took into account the different existing Samabhava, which means guarantees faiths in Indonesia. As a result, the equal treatment and respect of all nationalist movement did not identify religions. Indian religious ideology nationalism with Islamic ideology. is not by any standard an exclusive As a result of the relentless efforts one. It upholds the principle of social by the nationalists, Indonesia realized inclusion. India welcomed many its independence and was successful religions to its land, and provided in building a consensus on a national conducive atmosphere for their growth. Constitution. This is despite hardliners It is the homeland of many religions, wanting to Islamicize the Constitution, although they may not be as popular and how they argued fervently for as Hinduism in India at present. Every it along the process. However, the citizen of India is provided the right to great visionaries of Indonesia made practice and promote his or her religion a Constitution based on Pancasila peacefully. (Five Main Principles), and made it the sole foundation of the nation and 1 dZ /}v•µ}v }( Lv]U Xí ~}]P]vo u‰Z•]• (}u µZ}U ]š}•X 72 Roy Vettikuzhiyil Joseph state ideology.2 According to Paul acts, such as liquor consumption and Marshall, “The disagreement about gambling, or for omitting required acts, religious freedom in Indonesia are for instance, the use of headscarf for usually sharper than most, with reports women, hudud and qisas penalities and depicting an increasingly violent and Islam both as a basis of the state and as repressive country and other stressing a system governing the country.”5 extensive coexistence and harmony.”3 The ›rst Indonesian Constitution In spite of all these efforts, hidden or was drafted between May and August sometimes very evident, expressions of 1945. The Japanese initiated the of radicalization of religion are taking drafting process just three months place in both countries. before their surrender to the Allied Forces.6 They constituted a committee Islamization in Indonesia of 62 members. The main debates in Islamization is not a process by the committee revolved around the which its proponents try to convert role of Islam in the new state. The people from their previous beliefs to dispute involved Islamists, who wanted Islam, but rather to replace a secular- Indonesia Into be an Islamic state and based government with a government the nationalists who wanted to have grounded in the doctrines of religion an all-inclusive national identity than and to bring about a new society an exclusive Islamic identity.7 Much wholeheartedly committed to the discussion and debate went on, before teachings of Islamic Shari’a in their they ›nally bridged their differences by totality.4 They try to make Shari’a as introducing Pancasila. The preamble to a foundation of the state, and thereby the 1945 Constitution of independent hoping to Islamicize the country. This is Indonesia contains an ideological tenet possible only by implementing Shari’a, called Pancasila.8 It is composed of ›ve so that the whole spheres of life could principles, namely; belief in One God, be controlled and regulated by Islam. humanity that is just and civilized, unity According to Arskal Salim, there of Indonesia, democracy guided by the are ›ve areas where Shari’a ccould wisdom of representative deliberations be applied, namely “family issues, and social justice for all Indonesians.9 ›nancial matters, tazir (discretionary punishments) for committing prohibited ñ /]U XðòX î ^i(µ]v tÁ]vPŒU tv•]o • Z •}o ò ,vv [uŒU ^tŒu]••]À }v•µ}v•U (}µv}vU ]v Lv}v•]U b}Xïô ~hšU íõôð• óð u}ŒÇU v o]P]}µ• (}u ]v Lv]U Lv}v•]U /•Œo v ǵlÇ_X Lv t}o t}o]Ÿ•U XíóX ï tµo aŒ•ZooU ^dZ u]Pµ]Ÿ• }( o]P]}µ• (}u ]v Lv}v•]_X Lv wÀ]Á }( C]Z v ó /]X /vŒvŸ}vo !+]Œ•U ë}oXíò~í• îìíôX ô ,ǵvPr:µv Y]uU ^dZ /ZvP]vP LvŒ}vW ð !•lo {o]uU /ZoovP]vP Z {µo {šW ÇZ wo]P]}µ• (}u ]v Lv}v•]_X /v W}µvo }( /•ou]Ì}v }( [Á ]v a}Œv Lv}v•]U Üv]ÀŒ•]šÇ }( ^}µšZ• !•]v {šµ]•U ë}oXîõ~î• {‰ íõõôW XïñóX ,Á][] t••U îììôW XðñX õ /] 73 Derailment of Religious Freedom in Indonesia and India: A Study Based on the Constitutions of Indonesia and India It is largely viewed as Indonesia’s state Islamist groups, and demanded an ideology and principle of social life. outer and inner form of Islamization. The Islamization is not a new Their efforts include the formation of invention but has been in the innermost Islamic political parties, give Shari’a thoughts of the hardliners. This has a constitutional status, promulgating become clearer once Indonesia became Islamic regulations in some regions independent. It is done through the and localities, demanding Islamic reassertion of an identity, which was morality in public life and pushing for the most part suppressed during the full recognition of Islamic holidays colonial period.10 The ›rst of this type and events. They also showed strong of Islamization can be seen in the early solidarity with other Muslim nations, 1930‘s when some Muslim ›gures like and expressed a commitment as devout Ahmad Hassan and M. Natsir criticized Muslims who practice Islam in all the lack of Islamic elements within the aspects of human social relations movement for Indonesia’s independence through attempts, for instance, at the led by the nationalist leaders such as introduction of the Islamic penal law Sukarno. and the establishment of the Caliphate. An attempt to Islamize the social Hardline Muslims demanded for life came about between 1968 and Islamic nationalism, the nationalists 1998. By Islamizing the social life, rejected their demand arguing that, the Muslim identity became stronger. “Islam cannot be the basis of the When the Islamic leaders realized how nationalist movement since Christians, dif›cult and challenging it was to make Hindus, Buddhists and even animists an Islamic state in Indonesia, they were involved and would not support intensi›ed preaching and published a movement intended to favour Islam great number of Islamic books.
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