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P Charushree International Journal of Legal Enforcement International Journal of Legal Enforcement Volume 1 Issue 1 |July 2020| |February 2021| Email: [email protected] Website: www.internationaljournaloflegalenforcement -ijle.com International Journal of Legal Enforcement About Us: International Journal of Legal Enforcement is an online peer review journal provide dedicated to express views on legal and socio legal aspects. This platform also shall ignite the initiative and desire of the young students. We also provide exclusive review by our Advisory Board for the papers submitted to us. We believe humanity is basic thing to be involved in any law. We do not charge any publication charge for online publications. We process to bring out the analysis and thoughts of every socio legal and legal matters from the young powerful minds. Law can be fulfilled as Law only when there is humanity in it. With this thought we hereby present you, International Journal of Legal Enforcement International Journal of Legal Enforcement Comparative study of secularism and religious with judiciary interpretations -P. Charushree I. Introduction: India is a famous country for having a feature called “Secularism”. India is the only country which has many different religious and sub religious where each religion has a distinct feature each are different for their belief faith. Though India is divided in many forms such as lifestyle, religion, faith, followings, food, dress and more it is still called has a country for UNITY IN DIVERSITY. when we talk about Religion and Secularism both sounds similar but they have a distinct meaning and characteristics. Before India gained independence “Hindustan” was reorganized as a country and a sub-continent. When the question of drafting, the constitution of India, there arose the fundamental feature of the entire constitution has been deemed to be absolutely secular. If we refer to the preamble of the constitution , it explicit in the language of the preamble itself and very clear in its concept and content, the Indian state is describe as a Secular, Democracy, Socialist, Sovereign, Republic. The preamble of the CONSTITUTION adopted by independent India on 26th November, 1949 [effective from 26th January, 1950] declared India as “Sovereign, Democratic, Republic.” Till the 42nd Amendment in 1976, the constitution did not contain the word “Secular” although the spirit of SECULARISM is evident in the various article of the CONSTITUTION. II. MEANING AND DEFINITION OF SECULARISM: With the Forty-second Amendment of the Constitution of India enacted in 1976, the Preamble to the Constitution asserted that India is a secular nation. Officially, secularism has always inspired modern India. In practice, unlike Western notions of secularism, India's secularism does not separate religion and state. Secularism in simple terms means Secularism is a belief system that rejects religion, or the belief that religion should not be part of the affairs of the state or part of public education.(1) International Journal of Legal Enforcement The principle of separation of the state from religious institutions. Dr. J.N. Pandey in his words THE STATE CAN HAVE NO RELIGION OF ITS OWN. IT SHOULD TREAT ALL RELIGIONS EQUALLY. THE STATE MUST EXTENT SIMILAR TREATEMT TO THE CHURCH, MOSQUE, AND THE TEMPLE. IN A SECULAR STATE, THE STATE IS ONLY CONCERNED WITH THE RELATION BETWEEN MAN AND MAN. ITS NOT CONCERNED WITH THE RELATION OF MAN WITH GOD IT IS LEFT TO THE INDIVIDUAL’S CONSCIENCE. (2)2 III. FREEDOM OF RELIGIOUS UNDER INDIAN CONTITUITION: India, most popularly acknowledged as the land of spiritual beliefs, philosophical thinking, culture, has also been the birthplace of quite a few number of religions out of which some of them exist in this era as well. ‘Religion’ is entirely a matter of choice, perception and belief. Paying heed to the Indian scenario we can conclude that , people in this country have a strong faith and dependence when it comes to their religion as they perceive that religion adds meaning and reason to their lives. When it comes to people who are extremely devoted to their religion , they leave no stone unturned in showing substantial amount of fidelity towards their respective religion. ➢ Definitions by various authors: 1. George Bernard Shaw: “There is only one religion, though there are hundreds of versions of it." 2. Sigmund Freud : "Religion is comparable to childhood neurosis." 3. Rudolph Otto : Religion is that which grows out of, and gives expression to, experience of the holy in its various aspects." 2 In the books of constitutional law of India by J.N. Pandey International Journal of Legal Enforcement The Indian Constitution guarantees various fundamental rights to the citizens. One of the fundamental rights guaranteed by the constitution also includes right to freedom of religion. India is a secular nation and therefore every citizen residing within the territory of India has the right to follow the religion he believes in . This right basically entitles every Indian citizen and gives him the liberty to preach practice and propagate the religion of his choice . This right gives leisure to to sermonize about his religion , gives him the opportunity to spread it among everyone without any fear of governmental vengeance and also gives him the assurance to practise it in an amicable manner within the jurisdiction of the country. When we talk about India, we can say that it is the land of diversity be it in terms of race, religion, creed, community, caste etc. It is a country where millions of people belonging to different caste, sub –caste, race, dialects and also those practicing different religions have been residing since times immemorial. The differences when it comes to communities or religion or caste are not at all looked upon as a drawback or impediment when it comes to development but it is considered to be a crucial factor which serves as a helping hand in enriching the culture not only in the society but also in the nation as a whole. Every person has the freedom to have faith in the religious beliefs of any particular cult or denomination. The allocation of this right according to the constitution is mainly to provide every person with an occasion to declare in open, freely and without any hesitation what he truly feels about his respective religion, his conceptions and ideologies relating to the religious practice he has indulged himself into. The right to profess a particular religion means enabling a person to communicate his thought process, mindset and viewpoints to some other people with an intention to spread his religion and make them well versed and clear in their head, in the society. Though every person is entitled to the right to preach and expand the religion of own wish and desire but it is also to be taken into account that this right shouldn’t be taken for granted that is , the freedom allotted should not be abused . The person while exercising this right should ensure that he is not indulging in any sort of criminal or other anti- social activities. One needs to always bear in mind that, in the process of utilizing this freedom for one’s own personal good or benefit the societal peace is not at all hampered and no harm or any kind of pain is inflicted upon any member in the society. He needs to confirm that while exercising this right given to him by the constitution he does not hurt the religious sentiments of the other devotees. Everyone has a different approach when it comes to practicing their religion but at the same time it is International Journal of Legal Enforcement adopts an disallowed to practice it in a manner which will incite violence and encourage hatred among the masses. It is important for every citizen to respect the religion any citizen to impose his religious views or opinions on other individuals. Every citizen is expected to preach his religion in a rational manner. Immersing into immoral and illegal activities in the name of religion and disturbing the order and unity of the country is not permissible. No citizen would go scot free if he is found guilty of committing any kind of evil or dishonest activities on the ground of following the norms and rituals of his religion. The law does not sanction any person to conduct his religious practices pertaining to his own whims and fancies and leading to create a situation of outrage, chaos and animosity . It is an undeniable fact that every individual has its own ways and means to practice his respective religion, but it shouldn’t proceed in a haphazard fashion. An individual is not answerable to State for the variety of his religious views. The right of worship was granted by God for man to worship as he pleased. Law cannot compel any individual to practice a particular form of worship. But undoubtedly the law has the right to cease the practice of any kind of malicious and corrupt religious activities being carried on, for the purpose of maintaining order and discipline in the country. When a person illegal way of practicing or promoting his religion, it sets a bad example for the existing masses as it conveys to them that everyone is entitled to exercise the freedom of religion allocated to them , in any manner even though it might be unlawful and unethical in the eyes of law. Every religion has its own code of conduct, rituals, ceremonies modes of worship etc, but while following and obeying the same an individual should take into account that decency and morality is maintained. He needs to be aware that the religious activities he resorts to does not give rise to any kind of conflict and cause destruction of the property and life of the people in the society.
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