Treating All Equally
Context:
The Supreme Court upheld the constitutional validity of a 2004 Uttar Pradesh law regulating madrassas, asserting that “secularism requires the state to treat minority institutions on equal footing with secular ones, regardless of faith or belief.”
More on News:
- The Bench overturned a March 22 Allahabad High Court ruling, which had struck down the law as contrary to secular principles.
- This decision came as a major relief for the teachers and students of UP madrassas, as the High Court had previously ordered the closure of these seminaries and the relocation of students to other state schools.
- Over 1.7 million students are currently enrolled across more than 16,000 madrassas recognised by the Uttar Pradesh Board of Madrassa Education.
About the Judgement:
- The Supreme Court emphasised that “positive secularism” requires the state to actively ensure equal treatment of minority institutions while preserving their distinct character.
- Positive secularism, the court noted, allows the state to treat certain groups differently to achieve overall equality, aligning with the principle of substantive equality.
- The court added that fundamental rights involve both limiting state power and creating favourable conditions for exercising these rights.
- Citing Article 30(1), the court underscored its commitment to preserving diversity of language, beliefs, and customs within a framework of equality and secularism.
- The ruling clarified that a law can be declared unconstitutional if it exceeds legislative authority or infringes upon fundamental rights or other Constitutional provisions.
- However, the court found that parts of the 2004 law concerning higher education degrees, such as “Fazil” and “Kamil” (bachelor’s and master’s level madrassa degrees), exceeded state legislative competence as they conflicted with provisions of the UGC Act, rendering those sections unconstitutional.
Positive Secularism:
It refers to a model where the state actively supports and recognises all religions, promoting an environment of mutual respect and coexistence among diverse faiths. In this framework, the government plays an enabling role, ensuring that all religious communities can freely practise their beliefs without discrimination. This approach is embodied in the Indian Constitution, which emphasises equal respect for all religions, reflecting the Vedic principle of Sarva Dharma Sama Bhava (equal respect for all religions) and allowing for state support of religious institutions under certain conditions.
Key Features:
- Recognition of All Religions: The state acknowledges and respects all religious identities.
- Support for Minority Rights: The Constitution provides for the establishment and management of educational institutions by religious minorities (Article 30).
- Prohibition of Discrimination: Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth, reinforcing the idea of equality among all citizens.
Negative Secularism:
In contrast, negative secularism advocates for a strict separation between religion and state affairs, often leading to a public sphere devoid of any religious expression. This model is characterised by a neutral stance where the state neither promotes nor recognises any religion, effectively pushing religious practices into the private domain. Countries like Turkey exemplify negative secularism, where public displays of religious identity are often restricted.
Key Features:
- Complete Separation: The state maintains a distance from all religious matters.
- Restriction on Religious Expression: Public expressions of faith may be limited or prohibited.
- Focus on Individual Rights: Emphasises individual rights over community rights concerning religion.
