Religion and Secularism through the Lens of the Law

  • Siddhanth Durgesh Nadkarni
  • Show Author Details
  • Siddhanth Durgesh Nadkarni

    Student at National Law Institute University (NLIU), Bhopal, India

  • img Download Full Paper

Abstract

According to the Western understanding of secularism, secularism is characterized by a clear and strict demarcation between the state and religious institutions. However, India's situation presents a distinct contrast, as religion plays a crucial role in the personal lives of its citizens and hence such a clear line of separation cannot be drawn. In India, secularism means that all religions ought to be treated equally, and there that there ought to be no bias against any particular faith. The right to religious freedom is enshrined as a fundamental right in the Indian Constitution, prohibiting any form of discrimination based on religion. This research paper first acquaints the readers with the fundamental meaning of religion. It then provides a deeper understanding of the concept of religion by explaining the various theories of religion, including functional theories, psychological theories propounded by the best-known psychologists, and the various sociological theories propounded by renowned sociologists. Following this, the implications of religion on the constitution and society of India are extensively analysed. This analysis is complemented with an understanding of the broader implications of religion on the conduct of the citizens of the country. Finally, the clash between secularism and the personal laws of India is examined, with a view of attempt to understand how a balance can be struck between the two.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 283 - 302

DOI: https://doij.org/10.10000/IJLMH.119109

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021