Secularism in India: A Constitutional Perspective on Religious Freedom and the Places of Worship Act,1991

This research essentially addresses the complex interplay between secularism and religious freedom within the conceptual framework afforded by the Constitution of India by analyzing the conditions under which these principles have been conceived, inscribed, and contested within the contemporary society of India. It is neither the form of hardy church-state separation found in the West nor the principle of principled engagement under which the state does not favour or disadvantage any religion but retains the authority to endorse intervention in matters to safeguard constitutional values such as equality, dignity, and social justice, by which Indian secularism may be described. It will doctrinally and comparatively study the constitutional provisions, constitutive principles, as well as landmark judicial pronouncements, and evolving legislative frameworks. It scrutinizes Articles 14, 15, 19, 21, and 25-28 of the Constitution, like the cases of S.R. Bommai, Shayara Bano, and certain ongoing debates like that of the Places of Worship Act, hijab controversy, and Uniform Civil Code. Findings indicate that the Indian constitutional design; while externally facilitating plurality and internals of religious coexistence, judges have created inconsistencies in interpretation-most importantly concerning the "Essential Religious Practices" doctrine well as inserted and politicized identities into non-religious matters, which threaten the very strength of secularism. The dissertation concludes with recommendations which include codification of secular principles, revisiting contentious laws such as the Places of Worship Act, and ensuring that all segments are included in consultation while implementing UCC. Through a constitutional and socio-legal lens, this research affirms that India must be secular in dealing with modern-day challenges but must not let go of its traditional virtues of equality, justice, and fraternity among men today: a diverse democratic society.