Secularism in the Indian context implies a “principled distance”, ensuring freedom of conscience while upholding constitutional morality, equality, and public order.
Challenges to cultural practices in the name of secularism
State intervention in religious institutions dilutes traditional autonomy. Eg- Government management of Hindu temples
Courts determining “essential practices” (Shirur Math case) oversimplify lived culture.
Sabrimala temple verdict
Triple talaq ban
Uniformity over diversity – Secular frameworks ignore internal plurality within religions.
Marginalization of indigenous and folk traditions – Eg- ban on Jallikattu or kambala
UCC can lead to erosion of distinct cultural identity of tribals and the “Legal Pluralism” guaranteed under Article 25.
Environmental Regulations on Festivals restrict cultural expressions.
Supreme Court’s ban on firecrackers during Diwali,
Restrictions on loudspeakers for Azaan/Bhajans
Height limits for Dahi Handi pyramids.
Politicization of secularism for vote bank politics. Eg- controversy over Hijab ban in schools in Karnataka
Intervention in Food Culture- Eg- meat-sale bans during religious festivals like Paryushan
Right to profess and propagate religion is misused for forced conversions especially of tribals
Way Forward
Substantive secularism – Balance cultural freedom with equality, dignity, and justice.
Judicial restraint – Limit theological interpretation to constitutional necessity.
Protection of pluralism – Safeguard folk, tribal, and minority cultural practices.
Adopting Multicultural Secularism – active accommodation of religious symbols
Promoting Inter-Faith & Intra-Faith Dialogue for “reforms from within” (T.N. Madan)
When practiced as principled neutrality with respect for pluralism, secularism protects both cultural practices and constitutional values.
