Human Rights and Secularism in India

  • Achala Pandey
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  • Achala Pandey

    Student at Amity University Chhattisgarh, India

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This thesis explores the intricate relationship between human rights and the concept of secularism in India, aiming to understand the interplay and challenges that arise when these two principles intersect. As a diverse and pluralistic nation, India faces the task of safeguarding individual freedoms and religious pluralism while maintaining a secular framework. By analyzing constitutional provisions, legal frameworks, and relevant case studies, this research comprehensively explains the dynamics between human rights and secularism in the Indian context. The study begins by establishing the theoretical foundation of human rights, drawing upon international principles, theories, and frameworks. It then delves into the historical evolution of human rights in India, highlighting the constitutional provisions that anchor these rights within the country's legal framework. In parallel, the concept of secularism is explored in its various interpretations, encompassing the historical trajectory and constitutional provisions that define secularism in India. By examining landmark court cases and legal interpretations, the research scrutinizes the judiciary's role in upholding human rights within the framework of secularism. One of the key challenges addressed is a conflict between human rights and religious practices. Communal tensions and religious discrimination pose significant obstacles to protecting human rights in a pluralistic society. This research investigated these challenges and explored approaches to balancing religious freedom with the human rights of marginalized communities. The thesis also examines the interplay between women's rights, personal laws, and secularism, focusing on the challenges faced by women in the context of religious practices and personal laws. It critically analyses legal and societal approaches to address gender inequality within a secular framework. Freedom of expression and religion are crucial aspects of the discourse on human rights and secularism. The research delves into the complexities of these freedoms within India's diverse society, assessing the limits and restrictions imposed on religious speech and practices in the name of secularism. Finally, the thesis concludes by providing recommendations and a way forward for promoting human rights within a secular framework in India. It suggests strategies to reconcile these principles, strengthen legal frameworks, and foster dialogue, education, and awareness to create a culture of tolerance, inclusivity, and respect for human rights. Overall, this research contributes to understanding the interplay between human rights and secularism in India. By identifying challenges and offering recommendations, it aims to facilitate the development of policies, legal reforms, and practices that uphold human rights while maintaining a secular framework, fostering a society founded on principles of equality, justice, and religious pluralism.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 2132 - 2153


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