Skip to main content

Interpretation of Secularism

 Interpretation of Secularism


Introduction:

The primary interpretation of secularism is that there is a separation between state and religion. Politics is considered a public domain and is needed to be separated from religion. There is no official religion of the sate. To take the example of France, in French secularism, there is a complete disjuncture between public life and religious life of people. The religious activities are confined to private sphere and it is considered a crime if a person displays his religion in public. Example: Muslim women are not allowed to wear Burkha outside their homes as it is considered public display of religion.


Main Body:

While talking about western secularism, where French completely discourage intermingling of state and religion, in America, as far as religion is concerned, there is demonstration of public liberty. There is no rule which prohibits display of symbols in public. On one hand, display of private life in public is allowed but on the other hand, the oath for the public post such as President is taken in the name of Bible, which shows how now religion is placed above the other. 


Whenever, we talk about secularism, there are two interpretation: the first is dharm-nir-pekshta i.e. passivity on the part of state. In this, the state is blind to the religion and does not take into consideration any religious affiliations of the people while making laws and policies and implementing them. This is applicable in the context of France.


And the second is Sarv-dharm-samabhav which means that equal regard is given to all faiths. Active consideration towards all religion to unsure equitable treatment. This fits in the Indian scenario. There is no official religion of state here and state has made special provisions such as Art.  25-28, Art. 29 and Art. 30 for minorities to provide differentiated treatment to different religions in order to maintain equality. For example in India, Hindu temples and Hindu educational institutions like Ved Pathshalas are governed by the government whereas minority religions are given protection under Section 29 of Indian Constitution to open their own institutions.


State should not be blind towards the religious faiths of its citizens but actively engage in the same as in India religion is not understood as it is perceived in the context of western countries. In India, there is a debate whether dharm-nir-pekshta can be interpreted as secularism,  but the very idea is that, Hinduism cannot be treated as a religion because it does not have one book, one progenitor or an organised structure of religion. Dharma is not limited to private or religious affairs but includes a question of morality and duty. Hence, an individual owes duty to every citizen and government and is not limited to the private sphere. The closest alternate term that can be used for religion is Sampradaya or Panth. Panth means a way or paths of worship and Sampradaya is the organised structure which believes in a particular path of worship.


Conclusion:

The rightist wing in India, is propagating the use of term Sampradaya-nir-pekshta or Panth-nir-pekshta instead of Sarv-dharm-samabhav as it is not practical because all the religions cannot be treated equally. Hindutava argues that what we see around us in the name of equality is rather peace amongst different religions.


Comments

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree