Law
The preamble to the Constitution of India proclaimed India a "sovereign socialist secular democratic republic". The word secular was inserted into the Preamble by the Forty-second Amendment Act of 1976. It mandates equal treatment and tolerance of all religions. India does not have an official state religion; it enshrines the right to practice, preach, and propagate any religion. No religious instruction is imparted in government-supported schools. In S. R. Bommai vs. Union of India, the Supreme Court of India held that secularism was an integral tenet of the Constitution.
The right to freedom of religion is a fundamental right according to the Indian Constitution. The Constitution also suggests a uniform civil code for its citizens as a Directive Principle. This has not been implemented until now as Directive Principles are Constitutionally unenforceable. The Supreme Court has further held that the enactment of a uniform civil code all at once may be counterproductive to the unity of the nation, and only a gradual progressive change should be brought about (Pannalal Bansilal v State of Andhra Pradesh, 1996). In Maharishi Avadesh v Union of India (1994) the Supreme Court dismissed a petition seeking a writ of mandamus against the government to introduce a common civil code, and thus laid the responsibility of its introduction on the legislature.
Major religious communities not based in India continue to be governed by their own personal laws. While Muslims, Christians, Zoroastrians, and Jews have personal laws exclusive to themselves; Hindus, Jains, Buddhists and Sikhs are governed by a single personal law known as Hindu personal law. Article 25 (2)(b) of the Constitution of India states that references to Hindus include "persons professing the Sikh, Jain or Buddhist religion". Furthermore the Hindu Marriage Act of 1955 defines the legal status of Jains, Buddhists and Sikhs as legal Hindus but not "Hindus by religion". The only Indian religion exclusively covered under the secular ("civil") law of India is Brahmoism starting from Act III of 1872.
Read more about this topic: Religion In India
Famous quotes containing the word law:
“The law isn’t justice. It’s a very imperfect mechanism. If you press exactly the right buttons and are also lucky, justice may show up in the answer. A mechanism is all the law was ever intended to be.”
—Raymond Chandler (1888–1959)
“I believe it was a good job,
Despite this possible horror: that they might prefer the
Preservation of their law in all its sick dignity and their knives
To the continuation of their creed
And their lives.”
—Gwendolyn Brooks (b. 1917)
“While the system of holding people in hostage is as old as the oldest war, a fresher note is introduced when a tyrannic state is at war with its own subjects and may hold any citizen in hostage with no law to restrain it.”
—Vladimir Nabokov (1899–1977)