Hindu Bias in India's ‘Secular’ Constitution: probing flaws in the instruments of governance

Singh, Pritam

doi:10.1080/01436590500089281

Cited by 43 publications

(23 citation statements)

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“…Western countries tend to view secularism most simply as the separation of church and state. The founders of the Indian constitution, however, sought a different conception of the term (Singh, ). The strong draw to preserve the country's religious diversity prompted debates about how to define secularism.…”

Section: Literature Reviewmentioning

confidence: 99%

“…This definition produced constitutional recognition of religious minorities' rights by granting freedom of religion to all citizens, provided that public order, morality, and health were maintained (Ganguly, ). Though the Indian constitution does not designate a state religion and claims that religion‐based discrimination is prohibited (Thakur, ; The Constitution of India, ), there are conflicting views about whether Hinduism is privileged over other religions (Ganguly, ; Singh, ).…”

Section: Literature Reviewmentioning

confidence: 99%

“…Secularism, as promoted by the Indian constitution as the inclusion of religious and cultural freedom, lent itself to the continued practice of religious personal law (Singh, ). Precolonization, Hindus and Muslims governed their communities according to their own respective religious laws (Ganguly, ; Parashar, ).…”

Section: Literature Reviewmentioning

confidence: 99%

“…Lower castes are often relegated to menial and manual labor and jobs associated with pollution and impurity. Additionally, lower caste women in particular experience a level of gender discrimination and poverty that often keeps them poor, ultimately serving as an additional barrier to class mobility (Jain, ; Mitra, ; Parashar, ; Singh, ).…”

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confidence: 99%

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Religious freedom and gender equality in India

Mehta

2015

Int J Soc Welfare

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After India gained independence in 1947, the country's leaders promised its diverse constituents citizenship rights that extended across religion, gender, and caste. Distinct from its previous British rule, India's constitutional law guarantees citizens the right to religious freedom and associated cultural practices, and prohibits gender and caste‐based discrimination. However, in ensuring freedom of religion, the constitution also effectively affirms gender inequality through patriarchal religious and cultural practices. This article examines how the constitutional rights of religious freedom and gender equality have been negotiated among each other in contemporary Indian society. I draw upon three landmark Indian Supreme Court cases that navigate the terrain of affirming both women's civic rights and religious freedom. Findings suggest that the Supreme Court is working toward a more inclusive definition of citizenship, particularly one which supports women's civic rights within the context of religious personal law.

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Section: Literature Reviewmentioning

confidence: 99%

Section: Literature Reviewmentioning

confidence: 99%

Section: Literature Reviewmentioning

confidence: 99%

mentioning

confidence: 99%

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Religious freedom and gender equality in India

Mehta

2015

Int J Soc Welfare

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“…34 34 Singh contended that use of the name “Bharat” in Article 1, which states that “India, that is Bharat, shall be a Union of States,” is a direct slight to non‐Hindus because of the name's association with explicitly Hindu mythology and culture (Singh 2005, 911). …”

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confidence: 99%

Secularism in the Indian Context

Acevedo¹

2013

Law soc. inq.

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Indian constitutional framers sought to tie their new state to ideas of modernity and liberalism by creating a government that would ensure citizens' rights while also creating the conditions for democratic citizenship. Balancing these two goals has been particularly challenging with regard to religion, as exemplified by the emergence of a peculiarly Indian understanding of secularism which requires the nonestablishment of religion but not the separation of religion and state. Supporters argue that this brand of secularism is best suited to the particular social and historical circumstances of independent India. This article suggests that the desire to separate religion and state is integral to any understanding of secularism and that, consequently, the Indian state neither is nor was meant to be secular. However, Indian secularists correctly identify the Indian state's distinctive approach to religion-state relations as appropriate to the Indian context and in keeping with India's constitutional goals.

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India’s Tiraṅgā at the Confluence of Postcolonial Nationalism, Cosmopolitan Aspirations, and Chromatic Social Cognition: “Saffronising” Democracy?

Segate

2021

Flags, Color, and the Legal Narrative

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Hindu Bias in India's ‘Secular’ Constitution: probing flaws in the instruments of governance

Cited by 43 publications

References 0 publications

Religious freedom and gender equality in India

Religious freedom and gender equality in India

Secularism in the Indian Context

India’s Tiraṅgā at the Confluence of Postcolonial Nationalism, Cosmopolitan Aspirations, and Chromatic Social Cognition: “Saffronising” Democracy?

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