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Author: Anchal, II Year of B.B.A.,LL.B from Chankya National Law University Patna, Bihar.

India is a country where vision for secular state can be seen from the time immoral. When we see the status of History also at that time also secularism was promoted. Ahoka, Harsa, Aurangzeb etc they all accepted the different religion so that society could run in an efficient and effective manner. Also in the modern India when the constitution was about to be framed the vision of the secular state was seen, but the word secular was not explicitly mentioned in the constitution of India. Even though the word secular was not included in the constitution each and every line of the constitution promoted secularism. Various article disclose that India wanted a secular state. For eg. Article 14 states ensures no denial of justice before law, article 15 ensures no discrimination on the basis of race, religion, caste, sex, place of birth, article 25 to 28 ensures freedom of religion, article 44 ensures common law to regulate religion. India wants to promote equality and promoting equal law for all the religion is one on the motive out of various one. Everyone is equal in the eye of the law and to promote this Indian judiciary has played a crucial role. Indian legislature also tries to bring the common law and common rights to promote the equality. Also to bring Uniform Civil Code the government is looking it to bring in the parliament to make it effective.

Where problem rises?

It is said that India is Hindu majority country in the world, as the largest no. of Hindu lives in India only and third largest muslim population living country in the world after Indonesia and Pakistan. India is a country where right to live with dignity and freedom is ensured by making it a fundamental right. We live with harmony and integrity. But ideology creates diffeneces sometime. This is the reason that government use religion as a political agenda to fight the election. Most of the time the election is fought on the basis of religion and vote is given on the same basis only. Ruling government tries to provide incentives, various relaxation schemes and at last reservation to the particular religion. The significance of caste in politics is indicated by the fact that in several states of the country, several political parties can be identified with some castes. Therefore it is now used as a weapon to win the election. Person from same caste do not want to vote the person from different parties as this may prove dominance over them. They fear that person from different caste may rule over them and they don’t want to be the same. Therefore, they caste vote to their own religious party.

Mostly the fight is between hindu and muslim. And therefore fight for vote is between hindu and muslim. It is said that since muslim is minority in the country they are being prosecuted. But the real situation in India is different from what we think. In Iran itself muslim women are not allowed to visit stadium, In Saudi Arebia muslim women are derived from coming out of the house without taking any male partner, head scarf is necessary to wear in many muslim countries etc but all these are never enforced in India they have freedom to do whatever they want, they have freedom to wear whatever they want.

Any statement given against any community certainly raises communal disturbances and is violative of the rights or lowering the status of that religion.

Muslim are not the victims in India but they are being targeted. For exp, Tabiqi jamat case where muslim were targeted but they never became victim as Indian judiciary is there to protect everyone’s interest and constitution is supreme in India. The constitution promotes equal right and ensures that there is no discrimination on the basis of caste as India is a secular state and it is a part of basic structure which can never be denied. It should be protected and promoted. Living with harmony was a vision envisioned by all the political leader from all the religion including Bapu.


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