1.4 Secular Fabric of the Nation:
Bharat is so diverse that to govern this state without damaging its unity in diversity, secular laws are required. Hence our Constitution declares State as Secular. To maintain the diversity of the society, we are having many statutory provisions. When the Places of Worship (Special Provisions) Act, 1991 was enacted by the Parliament of Bharat, it was made clear by the ruling Government of Indian National Congress under the leadership of P. V. Narsimha Rao, admitted that the enactment will protect the secular fabric of the nation. We must understand the nature of secular fabric guaranteed by the Constitution of the nation in its true sense after going through the Right to Religion, Right to Protect Cultural Heritage and Duty to Protect and Preserve Cultural Heritage under the Constitution of Bharat.
Prof. P. K. Tripathi in “Secularism: Constitutional Provisions and Judicial Review” has propounded the following theory in this behalf: “The fundamental rights in the Constitution of Bharat including those concerning religion, were prompted by concern for the liberty, dignity and well-being of the individual. Even the freedom of religion was guaranteed in this secular State not out of concern for religions, generally, much less, for any particular religion, but solely and unmistakably out of concern for the individual, as an aspect of the general scheme of his liberty and as incidental to his wellbeing. In this scheme of liberty there is guaranteed to the individual not only “freedom of religion”, but where religion tended to become a menace to his liberty and dignity, there is also guaranteed to him “freedom from religion”; because without the latter the former guarantee alone will be incomplete and even meaningless.”[1]
Thus our Constitution gives us right to choose one’s own religion, and apart from individual’s faith, the State will be secular for him/her. It also guarantees freedom from religion, if religion tended to become menace to his/her liberty or dignity. Thus, constitution guarantees right to personal liberty, dignity and religious attribution of a person.
Reference:
[1] As it is quoted in Gulam Kadar Ahmadbhai Menon and Others vs Surat Municipal Corporation and Others [AIR 1998 Guj 234]
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