Recent Issues related to Secularism

UCC 

Article 44 (DPSP) of the Constitution states that “the State shall endeavor to secure for citizens a uniform civil code throughout the territory of India.” It essentially means a common set of laws governing personal matters for all citizens of the country, irrespective of religion. 

Positive aspects 

• The implementation of a Uniform Civil Code would remove the influence of religion on social relations and personal laws in India, ensuring equal justice for both men and women regardless of their faith. 
• Under the Uniform Civil Code, there will be uniform laws for all Indians in matters such as marriage, inheritance, and divorce, among others. 
• The Uniform Civil Code can help improve the status of women in India by ending patriarchal practices perpetuated through old religious rules that govern family life. 
• Personal laws in India have several loopholes that are exploited by those in power. A Uniform Civil Code would eliminate or minimize these loopholes due to its uniformity. 
• Traditional laws are sometimes followed by informal bodies like caste panchayats in India. UCC would ensure the primacy of legal laws over traditional laws. 
• Implementation of UCC could help reduce instances of vote bank politics. If all religions are covered under the same laws, politicians will have less to offer to certain religious communities in exchange for their votes. 
• Uniform Civil Code will help in the integration of India by eliminating animosities caused by preferential treatment given to certain religious communities by the law. 

Negative aspects 

• Implementation of UCC might interfere with the principle of secularism, particularly with the provisions of Articles 25 and 26, which guarantee freedom relating to religious practices. 
• Conservatism by religious groups, which resist such changes as it interferes with their religious practices. 
• It is difficult for the government to come up with a uniform law that is accepted by all religious communities. All religious groups- whether the majority or minority have to support the change in personal laws. 
• Drafting of UCC is another obstacle. There is no consensus regarding whether it should be a blend of personal laws or should be a new law adhering to the constitutional mandate. 

Triple Talaq 

Shani-Shignapur Temple 

• The Bhumata Rangaragini Brigade, a women's group, started a movement to end the 400-year-old tradition of barring women from entering the inner sanctum of a temple. 
• The Bombay High Court issued a statement saying that there is no law prohibiting women from entering a place of worship and that if men are allowed, women should also be allowed. 
• This statement by the court was made in response to the movement led by the women's group. 
• The court's decision marked a significant step towards gender equality and ending discriminatory practices in religious institutions. 

Sabarimala Temple Entry 

• The Sabarimala temple located in Kerala prohibits women between the ages of 10 and 50, who are in their menstrual age, from entering the temple. This ban on women has been supported by a 1991 judgment of the Kerala High Court.  
• The Supreme Court has referred the case to a three-judge bench to determine whether this exclusion of menstruating women from the temple premises constitutes an "essential religious practice." 

Haji Ali Dargah 

• In 2012, the Haji Ali Dargah Trust in Mumbai banned women from entering the inner sanctum of the Haji Ali Dargah. 
• The Trust cited religious reasons, referring to verses from the Quran and the Prophet Mohammed to justify their decision. 
• Women's groups opposed the ban and challenged it in court. 
• The Bombay High Court eventually lifted the ban, declaring it unconstitutional. 
• The court held that women have the same right as men to enter the dargah, and that the ban violated the fundamental rights of equality and freedom of religion guaranteed by the Constitution. 
• The court also ruled that the Trust could not enforce any ban that went against the Constitution's fundamental rights. 

Certain Schemes for Minorities