Background Guide

I. Introduction: The Idea and Importance of India’s Secular Fabric

India’s identity as a secular nation is both constitutionally enshrined and culturally unique. As
the world’s largest democracy, and home to over 1.4 billion people belonging to diverse
religious, linguistic, and ethnic backgrounds, the concept of secularism in India is not a
borrowed principle but an organic necessity born from centuries of religious plurality and
cultural coexistence. Unlike the Western model of secularism, which often emphasizes a strict
separation between the State and religion, Indian secularism is rooted in the idea of equal
respect and treatment for all religions. It allows the State to engage with religion in a manner
that promotes equity, tolerance, and social justice while abstaining from favouritism or
discrimination.
The Indian subcontinent has historically been a mosaic of religious traditions—Hinduism,
Islam, Christianity, Sikhism, Buddhism, Jainism, Zoroastrianism, and more—all of which have
shaped the nation’s sociopolitical landscape. During India’s independence movement, leaders
such as Mahatma Gandhi, Jawaharlal Nehru, and Dr. B.R. Ambedkar stressed the importance
of ensuring religious harmony as a bedrock for national unity. The framers of the Indian
Constitution recognized that for India to survive and thrive as a democratic republic, secularism
had to be a fundamental constitutional value. This was further formalized through the 42nd
Constitutional Amendment in 1976, which explicitly inserted the word “secular” into the
Preamble.
However, despite its constitutional safeguards, secularism in India has frequently come under
strain. Religious identity has often been weaponized for political gain, leading to incidents of
communal violence, social alienation, and the erosion of public trust in State institutions.
Episodes such as the Partition riots of 1947, the anti-Sikh pogrom of 1984, the Babri Masjid
demolition in 1992, the Gujarat riots in 2002, and the Delhi riots in 2020 are grim reminders
of how communal tensions, when unchecked, can inflict long-lasting scars on the national
conscience.
In this context, religion-based violence does not simply reflect a breakdown of law and order—
it signals a crisis in the constitutional promise of equality, dignity, and fraternity. Such violence
undermines public institutions, fosters mistrust among communities, and challenges the
legitimacy of the Indian State’s commitment to secularism.
The agenda at hand—deliberating upon the secular fabric of India with a special emphasis on
religion-based violence—is thus both urgent and deeply relevant. It calls for an examination of
the philosophical underpinnings of Indian secularism, the constitutional and legal safeguards
meant to protect it, and a critical inquiry into the socio-political forces that have contributed to
the rise of communal violence. The discussion also opens up space to assess the effectiveness
of existing institutional mechanisms, the role of political rhetoric, media narratives, civil
society, and the judiciary in upholding secular values.
Understanding these dimensions is crucial not just for addressing past and present challenges
but also for envisioning a future where India’s pluralistic identity can flourish free from the
shadows of hate, discrimination, and division. The agenda invites policymakers, legal thinkers,
and citizens alike to reaffirm the foundational commitment that no Indian shall be discriminated
against, persecuted, or marginalized on the basis of religion.
II. Constitutional Framework of Secularism
Secularism in India is not merely a political principle—it is a constitutional value that
underpins the entire legal and institutional framework of the Republic. While the word
“secular” was formally added to the Preamble through the 42nd Constitutional Amendment
Act, 1976, the essence of secularism has been embedded in various provisions of the
Constitution since its inception in 1950. The Indian model of secularism is distinct from its
Western counterparts: it does not advocate strict separation of religion from State, but rather
ensures equidistance or principled distance from all religions. This framework seeks to protect
individual freedom of religion, prevent religious discrimination, and promote harmony in a
deeply pluralistic society.
The Constitution articulates secularism in both negative and positive terms—negatively, by
prohibiting the State from promoting or establishing any religion, and positively, by
empowering it to intervene where necessary to ensure religious equality and social reform.
1. The Preamble: Constitutional Declaration of Secularism
The Preamble to the Indian Constitution, especially after the 42nd Amendment, declares India
to be a "Sovereign Socialist Secular Democratic Republic."
• The inclusion of the word “Secular” affirms that the State has no official religion.
• It commits the Indian State to treat all religions equally, without favour or prejudice.
• The Preamble, although not enforceable in court, serves as a guiding principle for
interpreting other constitutional provisions.
2. Fundamental Rights Related to Religion and Equality
India’s commitment to secularism is manifested through several Fundamental Rights
enshrined in Part III of the Constitution.
a. Right to Equality (Articles 14 to 18)
• Article 14: Guarantees equality before the law and equal protection of the laws to all
persons. This foundational provision mandates the State to treat all individuals equally,
regardless of religion.
• Article 15(1): Explicitly prohibits the State from discriminating against any citizen on
grounds of religion, race, caste, sex, or place of birth.
• Article 16: Ensures equality of opportunity in matters of public employment. It
prohibits religious discrimination in recruitment for public office.
b. Freedom of Religion (Articles 25 to 28)
These articles directly articulate the secular character of the Indian Constitution by protecting
religious freedom while permitting State regulation to uphold public order, morality, and health.
• Article 25: Guarantees to all persons the freedom of conscience and the right to freely
profess, practice, and propagate religion.
o However, this freedom is subject to public order, morality, health, and other
provisions of Part III.
o The State may also intervene to regulate or restrict secular activities associated
with religious practice (e.g., animal sacrifice, superstitious practices).
• Article 26: Grants religious denominations the right to manage their own affairs in
matters of religion, establish and maintain religious institutions, and own property.
• Article 27: Prohibits the State from compelling any person to pay taxes for the
promotion or maintenance of any particular religion or religious denomination.
• Article 28:
o Prohibits religious instruction in institutions wholly funded by the State.
o Allows religious instruction in institutions administered by trusts established for
religious purposes, provided attendance is voluntary.
3. Cultural and Educational Rights (Articles 29–30)
• Article 29: Protects the rights of any section of citizens to conserve their distinct
language, script, or culture, including religious minorities.
• Article 30: Provides religious and linguistic minorities the right to establish and
administer educational institutions of their choice. This ensures that religious minorities
can preserve their identity within the broader secular framework.
4. Directive Principles of State Policy (DPSPs)
Though not enforceable in court, the Directive Principles (Part IV of the Constitution) provide
a roadmap for achieving substantive secularism:
• Article 44: Urges the State to work towards implementing a Uniform Civil Code (UCC)
for all citizens. The goal is to ensure equality in personal laws (marriage, divorce,
inheritance) irrespective of religion. However, its implementation remains
controversial due to religious sensitivities.
The UCC debate reflects the Indian approach to secularism—balancing religious freedom with
the need for equality and reform in personal laws.
5. Secularism as a Basic Structure of the Constitution
In S.R. Bommai v. Union of India (1994), the Supreme Court held that:
“Secularism is part of the basic structure of the Constitution.”
This landmark judgment had two major implications:
• Any law or constitutional amendment violating secularism can be declared
unconstitutional.
• The State cannot favour or adopt a religion, nor can political parties seek votes in the
name of religion (affirmed in the Abhiram Singh v. C.D. Commachen case, 2017).
6. Judicial Interpretation and Protection
The Indian judiciary has played a pivotal role in safeguarding secularism:
• Kesavananda Bharati v. State of Kerala (1973): Laid down the doctrine of basic
structure, within which secularism was later read as a core component.
• Bijoe Emmanuel v. State of Kerala (1986): Upheld the rights of Jehovah’s Witnesses
not to sing the national anthem on religious grounds, emphasizing individual freedom
of conscience.
• Aruna Roy v. Union of India (2002): Clarified that secularism does not mean atheism
but equal respect for all faiths.
• Tehseen Poonawalla v. Union of India (2018): Court condemned mob lynching, often
based on religious identity, and directed the State to take preventive and punitive action.
III. Legal Framework Against Religious Violence in India
Religious violence, often manifesting as communal riots, hate crimes, or targeted attacks
against particular religious communities, poses a grave threat to the secular and pluralistic
fabric of India. The Indian legal system has evolved several statutory and institutional
mechanisms to address such violence. However, despite the presence of these legal safeguards,
challenges persist in enforcement, neutrality of state institutions, and victim rehabilitation.
The legal framework against religious violence in India includes provisions from the Indian
Penal Code (IPC), Code of Criminal Procedure (CrPC), special laws, constitutional
remedies, and judicial directives. These instruments collectively aim to prevent the incitement
of communal hatred, ensure accountability for religious crimes, and protect the rights of
victims.

1. Indian Penal Code, 1860 (IPC)

The IPC contains several provisions designed to punish acts that incite communal disharmony
or offend religious sentiments. These provisions are often invoked during incidents of religious
violence or hate speech:
a. Sections Dealing with Offences Promoting Communal Hatred
• Section 153A – Promoting enmity between different groups on grounds of religion,
race, place of birth, residence, language, etc.
 o Punishes acts—by words (spoken or written), signs, or visible representations—
that promote hatred or ill-will between religious communities.
o Cognizable and non-bailable offence; punishable with imprisonment up to 3
years or fine or both.
• Section 153B – Imputations and assertions prejudicial to national integration.
o Penalizes assertions that any group by virtue of religion or race cannot bear true
faith to the Constitution or uphold India's sovereignty.
b. Sections Protecting Religious Sentiments
• Section 295 – Injuring or defiling a place of worship with intent to insult the religion
of any class.
• Section 295A – Deliberate and malicious acts intended to outrage religious feelings of
any class.
o A widely debated provision, invoked often in cases of hate speech or
controversial depictions of religion.
• Section 296 – Disturbing religious assembly.
• Section 297 – Trespassing on burial places or places of worship with intent to offend
religious sentiments.
• Section 298 – Uttering words with deliberate intent to wound religious feelings.

2. Code of Criminal Procedure, 1973 (CrPC)

The CrPC provides procedural tools to prevent imminent communal violence and respond
swiftly to law-and-order threats.
• Section 144 – Empowers District Magistrates to issue orders in urgent cases of
apprehended danger or nuisance, including prohibiting unlawful assemblies or
processions likely to incite communal violence.
• Section 107 – Preventive action against persons likely to commit a breach of peace.
• Section 151 – Allows police officers to arrest a person without a warrant to prevent the
commission of a cognizable offence, including communal disturbances.
• Section 174-176 – Deal with inquests and magisterial inquiries into unnatural deaths,
often invoked in riot-related killings.

3. Special Laws and Commissions

a. Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005
(Lapsed)
 • Proposed by the UPA government, the bill aimed to:
o Provide a legal framework for preventing and controlling communal violence.
o Establish accountability of public servants for negligence in preventing
violence.
o Ensure compensation and rehabilitation for victims.
• Criticism:
o Accused of excessive centralization and politicization.
o Opposed by some states as an infringement on federal structure.
• Status: Never passed into law; lapsed despite widespread debate.
b. Protection of Human Rights Act, 1993
• Empowers the National Human Rights Commission (NHRC) and State Human
Rights Commissions to investigate communal violence, recommend compensation,
and report on administrative failures.

4. Laws Against Hate Speech and Online Incitement

a. Information Technology Act, 2000
• Section 66A (struck down in Shreya Singhal v. Union of India, 2015) once criminalized
offensive online speech. Though it was declared unconstitutional, FIRs are still
occasionally filed under it, highlighting lack of awareness.
• Section 69A – Empowers the government to block online content that threatens public
order or communal harmony.
b. Unlawful Activities (Prevention) Act, 1967
• Though primarily an anti-terror law, it has occasionally been invoked in cases involving
religious extremist groups spreading communal hatred.

5. Institutional Mechanisms and Policing Guidelines

a. National Commission for Minorities (NCM)
• Established under the National Commission for Minorities Act, 1992 to safeguard the
rights of religious minorities and recommend measures to the central government.
b. Model Guidelines on Communal Harmony
• The Ministry of Home Affairs has issued guidelines to state governments for
maintaining communal harmony, including:
 o Setting up peace committees at district and local levels.
o Swift deployment of police and paramilitary forces in sensitive areas.
o Surveillance on provocative speech, hate literature, and inflammatory online
content.

6. Judicial Oversight and Landmark Cases

Indian courts have stepped in, especially when administrative machinery has failed to prevent
or punish communal violence.
a. S.R. Bommai v. Union of India (1994)
• The Supreme Court held that secularism is a basic feature of the Constitution.
• A State government that acts contrary to secular principles can be dismissed under
Article 356.
b. Tehseen S. Poonawalla v. Union of India (2018)
• Court condemned mob lynching, particularly those fueled by religious hatred.
• Directed governments to:
o Appoint nodal officers in each district.
o Conduct regular police patrolling in sensitive areas.
o Establish fast-track courts for mob violence cases.
c. Zakia Jafri v. State of Gujarat (2022)
• Related to the 2002 Gujarat riots. The Supreme Court upheld the clean chit to the then
Chief Minister but emphasized that justice must not be sacrificed to administrative
inertia.

7. Victim Compensation and Rehabilitation

• State Victim Compensation Schemes (under Section 357A of CrPC): Provide
financial relief to riot victims.
• NHRC Guidelines: Recommend medical assistance, psychological counselling, and
legal aid.
• Supreme Court Directives: In several riot-related cases, courts have ordered
compensation and re-trials where investigations were found to be biased.

IV. Notable Incidents of Religion-Based Violence

Year Incident Summary
Following PM Indira Gandhi’s assassination, over 3,000 Sikhs
1984 Anti-Sikh Riots
were killed.
Babri Masjid
1992 The demolition led to nationwide communal riots.
Demolition
Triggered by the Godhra train burning, more than 1,000 people
2002 Gujarat Riots
(mostly Muslims) were killed.
Clashes in Uttar Pradesh led to 62 deaths and displacement of
2013 Muzaffarnagar Riots
thousands.
Communal clashes in North-East Delhi over the CAA protests
2020 Delhi Riots
led to over 50 deaths.

V. Political Dimension of Secularism and Religious Violence

1. Introduction: The Politicisation of Secularism

Secularism in India, while constitutionally enshrined, has always existed in a delicate balance
with the country’s diverse religious identities. Over the decades, this balance has been disrupted
and redefined by political developments. The secular ideal has often been subject to political
interpretation, co-optation, and even subversion. As a result, India’s secular fabric is not just a
legal construct—it is a contested political space where ideologies clash, identities are
mobilized, and communal tensions are both sparked and suppressed.

In this context, religion-based violence has not merely been the product of spontaneous social
unrest, but has also been used as a deliberate political tool—to consolidate vote banks,
polarize electorates, or assert majoritarian narratives. The political dimension of secularism is
thus inseparable from the realities of electoral politics, populist nationalism, and the
manipulation of communal sentiments.

2. Historical Context: Partition and the Secular Challenge

The legacy of the Partition of India in 1947, which witnessed one of the largest and bloodiest
religious migrations in history, had a profound effect on post-independence politics. It created
a lingering communal fault line between Hindus and Muslims, which political actors have
exploited at various moments.

• The Indian National Congress, under Nehru and Gandhi, championed a liberal,
inclusive version of secularism. Nehru envisioned the State as a neutral arbiter,
promoting scientific temper and minimizing religious influence in governance.
 • However, the communal trauma of Partition continued to influence political rhetoric.
Despite Nehru's insistence on a secular state, the Congress at times courted religious
leaders and sentiments, especially during elections.

3. The Rise of Identity Politics

In the decades following independence, identity politics became more pronounced, often under
the guise of “vote bank politics.”

a. Congress and “Soft Secularism”

• The Congress party was accused of practicing “soft secularism” or “pseudo-

secularism,” where it maintained a veneer of secularism while appeasing religious
groups for electoral gain.
• The Shah Bano case (1985) and the subsequent enactment of the Muslim Women
(Protection of Rights on Divorce) Act, 1986 were seen as capitulation to orthodox
religious elements, drawing criticism from secular and feminist voices alike.

b. Rise of the BJP and Majoritarian Nationalism

• The Bharatiya Janata Party (BJP), emerging from the ideological roots of the
Rashtriya Swayamsevak Sangh (RSS), presented a starkly different vision of
nationalism—centered on Hindutva.
• Hindutva, as articulated by V.D. Savarkar and later political thinkers, advocated for a
cultural nationalism rooted in Hindu civilization, viewing minorities not as equal
partners but as guests or outsiders unless they assimilated.

This ideological shift gained mass political traction during:

• The Ram Janmabhoomi movement (1980s–1992), culminating in the demolition of

the Babri Masjid.
• The 2002 Gujarat riots, which followed the Godhra train burning, and were seen by
many as a dark example of political complicity in communal violence.

4. Electoral Politics and Communal Polarisation

Religion-based violence and polarisation often surge in the run-up to elections. This political
usage of communal rhetoric has had several manifestations:

• Communal speeches and hate propaganda during campaigns.

• Polarising narratives that present minority communities as a threat to national
identity.
 • Use of dog-whistle politics and coded language to communicate sectarian messages
while maintaining legal deniability.
• Strategic silence or inaction by ruling governments during episodes of communal
unrest.

Examples:

• Muzaffarnagar riots (2013) in Uttar Pradesh, which occurred months before the 2014
general elections.
• Delhi riots (2020), which followed intense political mobilization around the
Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC).
• Instances of mob lynching of minorities over beef consumption, cow slaughter, or
religious conversions have been widely reported, often coinciding with political
polarization on the ground.

5. Role of Political Parties and Institutions

Political parties, through action or omission, have played a central role in shaping the fate of
secularism.

a. Weak Institutional Neutrality

• Law enforcement agencies have often been accused of bias, inaction, or collusion
during communal violence.
• Commissions of Inquiry (e.g., Srikrishna Commission for 1992–93 Mumbai riots,
Nanavati Commission for 2002 Gujarat riots) have documented failures of political
leadership and dereliction of duty by police and officials.

b. Judiciary as the Balancer

• The judiciary has periodically reaffirmed the constitutional commitment to secularism,

especially through decisions like S.R. Bommai v. Union of India (1994).
• However, judicial responses to religious violence have also been criticized for delays,
lack of victim sensitivity, and in some cases, apparent institutional pressure.

6. Role of Media and Social Media in Political Mobilisation

The media, both traditional and digital, has become a potent tool in shaping communal
narratives.

• Partisan media coverage often echoes political biases, with selective reporting and
sensationalism that exacerbate religious tensions.
• Social media platforms have been exploited to circulate fake news, incite mobs, and
dehumanize minorities through memes, videos, and hate speech.
 • Political campaigns have used WhatsApp groups, Facebook pages, and Twitter bots
to polarize voters along religious lines.

7. The "Secularism vs. Majoritarianism" Debate

India’s political space today is increasingly witnessing a contest between constitutional

secularism and electoral majoritarianism.

• Proponents of majoritarian nationalism argue for a cultural homogenization aligned

with the majority religion, often framing secularism as minority appeasement.
• Defenders of constitutional secularism call for a reaffirmation of inclusive
governance, minority rights, and pluralism.

This clash is not just ideological—it reflects deepening societal divisions, and its consequences
are most visible in episodes of religion-based violence, discrimination in law enforcement, and
the shrinking civic space for dissent and minority voices.

8. Emerging Trends and the Way Forward

• Criminalization of dissent: Laws like the UAPA and sedition have been invoked
against those protesting policies perceived as discriminatory (e.g., anti-CAA protests).
• Judicial review of majoritarian legislation: Pending challenges to the CAA, anti-
conversion laws, and the hijab ban in Karnataka reflect the growing tension between
religious freedom and majoritarian impulses.
• Civil society and grassroots activism: Citizens’ groups, NGOs, and legal aid
organizations continue to fight for communal harmony, monitor hate crimes, and assist
riot victims.

What is Shobha Yatra

Is a grand religious procession or festival it moves through streets and devotees follow the main
image and it is particularly associated with Hindu communities, that celebrates important
religious and cultural occasions. It is an expression of devotion and gratitude towards the deities
and a means to inspire the community to uphold dharma, it often carries messages of social
harmony, environmental awareness, and spiritual growth, making it a celebration with both
religious and societal significance. Cities like Mumbai, Pune, Nagpur, and Nashik witness
grand Shobha Yatras. It is through such cultural festivities that communities can bridge
differences and collective identity rooted in shared heritage and respect for one another. They
are typically organized by religious organizations, temples, or community groups, with
widespread participation from people of all ages and backgrounds. These are adorned with
vibrant colors, flowers. Sometimes even floats depicting scenes from religious stories. Music
is used to create energetic atmosphere
Significance of Shobha Yatra

It have both Religious & Cultural significance because it involves celebration of deities, it bring
people together from various backgrounds, which create sense of unity and shared identity. It
spreads the message of peace, social harmony, also considered as a powerful way to engage in
spirituality. Shobha Yatra ensures preservation of heritage,its celebration also generate
economic activity and provide employment to many poor. Some examples are - Sri Sri Krishna
Balaram Kartik Shobha Yatra, Gudi Padwa Shobha Yatra, Kanwar Yatra, Ram Navami Shobha
Yatra, Hanuman Jayanti Shobha Yatra and Ganesh Chaturthi Shobha Yatra

Political Significance

Shobha Yatras are religious in nature and people connect emotional with it, leveraged by
political parties and groups to promote a Hindu nationalist agenda for example - organizations
like the RSS use Shobha Yatra to promote specific agenda.The RSS, through the Hindu
religious events, intends to unify Hindus who, it says, are scattered because of the caste system.
They claim that these events are not political but social, and have become instrumental in
pursuing its dream of Akhand Hindu Rashtra. As part of it, they have been organizing Hanuman
Jayanti Yatra, Ganesh Chaturthi and Ram Navami Shobha Yatra.

This can involve emphasizing on Hindu identity and culture, highlighting Hindu
achievements, and rallying support for Hindu-related causes. It also become lead to conflict in
areas with religious diversity as well as Hindu - Muslim conflicts which can lead to violence.

How Shobha Yatra related to main agenda

The celebration of religious festivals like Shobha Yatras is a vital part of cultural expression.
However, when these processions become sites of violence and tension, often due to
incitement, intolerance, or failure of administrative neutrality, they highlight cracks in India’s
secular structure. The rising trend of stone-pelting and communal clashes during such
processions must be examined not only as law-and-order issues but also as deeper failures of
secular coexistence and religious. India is a secular country, the secular fabric of India refers
to the principles of equality, justice, and freedom of religion that are fundamental to the
country's democratic framework.

In recent years, India has witnessed a rise in communal tensions and violence, often linked to
religious or cultural events. The political discourse around these issues has been polarized, with
some parties and groups accusing others of promoting communalism or undermining the
secular fabric of the country.

The discussion around Shobha Yatras and religion-based violence is likely to be influenced by
the current political climate in India, which is characterized by a growing polarization between
different ideological and communal difference.
Jahangirpuri witnessed communal clashes during a ‘Shobha Yatra’ procession in April 2022,
which left eight police personnel and a civilian injured

Key questions:

1) What are the main causes of religious based violence and stone-pelting during Shobha Yatra.

2) In what ways social harmony and peace can be promoted through Shobha Yatra.

3) What is the role of Shobha Yatra in Indian politics. How does it represent the diversity of
nation.

4) What steps should government take to reduce communal tension.

5) How stone-pelting and religious based violence can be controlled what measure government
should take .