3/24/2012

SANTANU
MAJUMDAR

Secularism: The Global Context

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Chapter 2 Secularism: The Global Context

Introduction
To prepare the ground for the analysis of the Awami Leagues (AL) experiment with secularism1 in the next chapters, this chapter discusses the concept in a global context. For this reason, this chapter provides some examples of secularism in other countries which break down roughly into polar positions. In many other countries, the concepts of secularism are located between the poles, so that the concepts are more ambiguous, less clear and, more subject to change than this comment about polarity suggests. The main thrust of this chapter is to understand whether secularism worldwide means the same t hing, follows a single template, or whether existing realities and historical trajectories can influence its meaning and experiments with it. With an objective to understand the aforementioned queries, four states have been taken into consideration. They are France, the USA, Turkey and India. State level initiatives related to secularism have been scrutinized in the cases of of France and the USA. How the main political party dealt with the question of secularism in the initial phase of state formation has been analysed in the discussion on Turkey and India. The two political parties under scrutiny are the Republican People's Party (RPP) (in Turkish: Cumhuriyet Halk Partisi) (CHP) in Turkey and the Indian National Congress (INC) in India. Thus, a total of four cases are analysed here.

The first section considers the events that have been contributing to the development of a notion of secularism in the sense of the erection of a wall between the state and religion in France and the USA. The discussion on France is important in order to understand the working of a model of secularism where the state adopts an antagonistic attitude to religion, whereas the USA experience highlights the states accommodative roles towards religion. Notably, in this research, the word secularism means political secularism instead of secular humanism2 a term which focuses on the role of religion in an individuals life. By political secularism is meant a doctrine that seeks the separation of religious organizations from the

1 2

The word Dharmoniropakkotha used in Bengali in sense of secularism in English. Paul Kurtz identifies naturalism, non-theism, democracy, ethics, and planetary scope as the characteristics of secular humanism. Source: Kurtz, Paul, What Is Secular Humanism?, Amherst: Prometheus Books, edition 2006

state in order to check religious tyranny and oppression. Political secularism also promotes freedoms and equalities for the religious and non-religious (Bhargava 2007).

The second section of this chapter deals with the secularism of the RPP and the INC. As a prelude to analysing the ALs politics of secularism in Bangladesh, examining India and Turkeys case can be extremely helpful due to similarities on several basic issues. The RPPs experiment is important in the sense that Turkey is the only Muslim majority country which, despite the fact that a religious political party has held power in the current decade, has been officially practicing one of the strictest versions of secularism since the first quarter of the 20th century. The RPP is the party that established the secular agenda in the country. A brief discussion on the INCs experiment of secularism seems vital due to the simple fact that India and Bangladesh, the two neighbours, share same socio-cultural and historical heritage.

Until 1947, present Bangladesh was a part of India. Political realities, obviously, have changed after the partition of the sub-continent. But, it can safely be argued that the changes have not eroded all the ageless commonalities in the social arena in the sub -continent. Besides, both neighbours have been confronting the serious growth of religious extremism in recent decades. It is also worth noting that the INC, the RPP and the AL led the movements of independence of their country. They formed the first governments and followed a secular line after independence in three highly religious areas in this world. Besides, the INC, the RPP and the AL are still active as one of the two main political parties in India, Turkey and Bangladesh respectively. The third section of the chapter endeavors to briefly discuss the similarities and dissimilarities in the experiments with secularism in the above -mentioned case studies.

Section 1
Laicit in France France officially developed the principles of secularism (known as laicit) in 1905 through the enactment of a law by the Chamber of Deputies, i.e., the Lower House of the France parliament. However, evidence of laicit can be traced back to the era of French revolution. For example, within a few months at the beginning of the r evolution, the French National Assembly stated in the Declaration of the Rights of Man and the Citizen of August 26, 1789 (Article 10) that no one shall be molested for his opinions, even religious, provided their

manifestation does not disturb the public order established by law. This declaration wa s incorporated in the preamble of the constitution of October 4, 1958 3.

The new Republic which emerged out of revolution confiscated and auctioned land and assets of the Catholic Church. The state also demanded huge restructuring of the Church hierarchy and ordered the clergy to swear allegiance to the government. The first secular state in France was declared in 1795; the new constitution declared that the state shall not recognize or subsidize any religion (Kuru 2009).

State domination over religion continued through the Concordat of 1801. Though it re established Roman Catholic Church in France, the Concordat of 1801 in a real sense enhanced the grip of state over religion. For example, Roman Catholicism was recognized as the religion of the majority of French citizens. But Judaism, the Lutheran and Reformed Churches were also recognized by the state 4. Besides, Catholicism was not declared as the official religion of the state through the Concordat and the government agreed to pay salaries of the clergy on condition that they swore an oath of allegiance to the state. The Church had to give up its demand for church lands confiscated at the time of the revolution. Besides, the state continued to exercise its right to nominate bishops. Article 8 of the Concordat pronounced that a prayer would be repeated in the Catholic churches in France. The prayer read: Domine, salvam fac Rempublicam (God save the Republic); Domine, salvos fac Consules (God save the Consuls) 5 .

The triumph of secular ideology over religion was cemented in France during the early phase of the Third Republic (1870-1940). The 1905 law repudiated the Concordat. The law (Loi du 9 dcembre 1905 concernant la sparation des glises et de l'tat) asserted that the Republic did not recognize, employ, or subsidize any religion. The law also abolished religious practice-related expenses from budget of the state (Article 2), and ordered the transfer of
3

Text with Constitutional, La Documentation Francaise, The Directorate of Legal and Administrative Information (DILA), Head office of the France Prime Minister.
(http://tra nslate.googleuserconte nt.com/tra nslate_c?hl=e n&sl=fr&u=http://www.ladocume ntationfra ncaise.fr/dossiers/laicite/fond e me ntsjuridiqueslaicite.shtml&prev=/search%3Fq%3DRepublique%2BFra ncaise,%2Bla %25C3%25AFcit%25C3%25A9%26hl%3Den&rurl=t ra nslate. googl e.co.uk&usg=ALkJrhjhPn0F6uFr8iKfBm7OXa28buoye g), (visit 14 March 2010)
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Concordat of 1801, The Columbia Encyclopaedia (sixth edition), New York: Columbia University Press, 2008 5 Napoleon's concordat (1801): text, Concordat Watch, Translated by Muriel Fraser from the French original. (http://www.concordatwatch.eu/showkb.php?org_id=867&kb_header_id=826&kb_id=1496 ), (visit 27 February 2010)

moveable or immoveable property and other public facilities for worship to legally formed associations within one year time after the adoption of the law (Article 4) 6. Besides allowing an individual to follow or not follow a religion, the 1905 law in France criminalized interference with religious freedom (Article 33) (OBrien 2005). The spirit of the 1905 law on the separation of church and state was reflected in the Frances constitutions of 1946 and 1958. The preamble of the 1946 constitution guaranteed free, public and secular education at all levels. The first article of the 1958 constitution declared France as a secular, democratic and social Republic and ensured the equality of all citizens before the law, irrespective of origin, race or religion 7.

Francess commitment to a stricter version of secularism again came into forefront in the first half of the current decade. On 11 December 2003, a Commission 8, formed by the government to evaluate the application of the lacit principle, recommended banning of wearing conspicuous religious signs or clothing in public schools. The list of prohibited items

included headscarves of Muslim girls, large Christian crosses, yarmulkes of Jewish boys and turbans for Sikh boys. The commission recommended allowing wearing discreet symbols of faith, for example, Fatimas hands, Star of Davids or small crosses (Akan 2009).

French legislators promulgated a law (Law 2004-228) on 17 March 2004 in line of the Commission report. On 10 February 2004, the lower house (National Assembly) adopted the law by a majority of 494 to 36 votes and the Upper House (Senate) by a majority of 276 to 20 votes, and it took effect when the new school year started in September 2004 (Lefebvre 2004).

Separation between Church and State in the USA The United States constitution, constitutional developments, and the initiatives of several founding fathers can be seen as another set of examples of secularism in the public realm.
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The Legifrance public service broadcasting law by the Internet, Secretariat General of Government (SGG), France [ English Version ] http://translate.googleusercontent.com/translate_c?hl=en&sl=fr&u=http://www.legifrance.gouv.fr/affichTexte.d o%3FcidTexte%3DLEGITEXT000006070169%26dateTexte%3D20081012&prev=/search%3Fq%3DRepubliq ue%2BFrancaise,%2Bla%25C3%25AFcit%25C3%25A9%26hl%3Den&rurl=translate.google.com&twu=1&us g=ALkJrhgeZNfnQCcFkvY4e5dlbknmLcwmKQ , (visit 25 April 2010) 7 100th Anniversary of Secularism in France, The Pew Forum on Religion and Public Life, Washington, DC 9 December 2005 ( http://pewforum.org/Government/100th-Anniversary-of-Secularism-in-France.aspx ) , (visit 2 March 2010) 8 The Commission, known as Stasi Commission, was set up to examine the principles of Laicite. Named after the Chair Bernard Stasi, Ombudsman of the French Republic since 1998.

The United States declared independence in July 1776. Its constitution was adopted in September 1787 and ratified in June 1788. It is true that there was no direct mention of the separation of state and church, or freedom of religion in the constitution. But, notably, the US constitution begins in the name of people instead of mentioning God or any other similar authority. The Preamble of the constitution9 declares that, We the People of the United States, in Order to form a more perfect Union, establish Justice, insure do mestic Tranquillity, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Again, Article VI, Section III of the constitution10 pronounced the principles of separation between church and state by prohibiting religious tests for holding public office. It mentions that, The Senators and Representatives [...], and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Separation between the state and religion in the US can also be found in the historic Bill of Rights. The Bill of Rights consists of the first ten amendments of the constitution and wa s introduced to the Congress in 1789 and came into effect in December 1791. First Amendment of the constitution11 states that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

Along with the constitution, the writings of more than one founding father also profoundly contributed to the expansion of pro-secular ideals in the US. Bogle (2005) identifies several writings of Thomas Jefferson12.and James Madison13 in this connection. For example, a decade before the adoption of the constitution, in a draft of a proposed Bill for Religious Freedom in Virginia in 1777, Jefferson argued that our civil rights have no dependence on
9

Constitution of the United States & Bill of Rights, The National Archives, The National Archives and Records Administration (NARA) is the official record keeper in the USA. (http://www.archives.gov/exhibits/charters/constitution_transcript.html ) (http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html ) , (visit 27 April 2010) 10 Ibid 11 Ibid 12 Thomas Jefferson (1743-1826) was the third President (1801-1809) and main author of the Declaration of Independence (1776) of the USA 13 James Madison (1751-1836) was the Fourth President and one of the founding father of the USA.

our religious opinions, any more than our opinion in physics and geometry 14. In 1781, criticizing the Virginia common law, which barred non-Christian or non-believers from holding office or employment in ecclesiastical, civil or military departments, Jefferson said, The legitimate powers of the government extend to such acts only as are injurious to others. But it does me no injury for my neighbour to say there are twenty gods, or no god. It neither picks my pocket nor breaks my leg 15. The 1777 Bill formed the basis of Virginia 1786 Act for Establishing Religious Freedom, which is considered as the template for the secula rist provisions of the federal Constitution (Jacoby 2005).

Madison, similar to Jefferson, also supported the view that the state should not stand in favour of any religion or church. In 1785, years before the adoption of the constitution, he argued that religion and government should be free from each other. Madison was also aware of the risk of the supremacy of one religion over the others derived from state patronage. In his Memorial and Remonstrance against Religious Assessment16, Madison asked: who does not see that the same authority which can establish Christianity, in exclusion of all other Religions, may establish with the same ease any particular sect of Christianity, in exclusion of all other Sects? It is widely believed that Madisons Memorial played a significant role in developing an understanding between the opposite views, such as the freethinkers and nonconformist Protestant sects, regarding governments non-interference with religion.

Finally, due to the alliance of the aforementioned groups, the Virginia 1786 Act for Establishing Religious Freedom passed in the General Assembly of Virginia. The essence of US secularism can be found in the 1786 Act. It states that, no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burdened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in nowise diminish, enlarge, or affect their civil capacities. Bogle (2005), quoting Jacoby (2004),
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Quoted in Merrill, Peterson (ed.), The Portable Thomas Jefferson, Harmonsworth: Penguine publishers, 1977 p. 252 15 Query XVII: The different religions received into that State? Notes on the State of Virginia. From The Writings of Thomas Jefferson: Volume 2, Electronic Text Center, University of Virginia Library (http://etext.lib.virginia.edu/etcbin/toccernew2?id=JefBv021.sgm&images=images/modeng&data=/texts/english /modeng/parsed&tag=public&part=17&division=div2 ) , (visit 28 April 2010) 16 A Chronology of US Historical Documents, The University of Oklahoma College of Law website (http://www.law.ou.edu/ushistory/remon.shtml ) , (visit 17 April 2010)

mentioned that John Adams 17 and George Washington18 were fully in favour of separation between religious and government affairs.

The secular nature of the United States government in the early years after independence was evident not only at the domestic level but also can be seen in sphere of international relations. For example, it was mentioned in Article 11 of The Treaty of Tripoli 19 that As the Government of the United States of America is not, in any sense, founded on the Christian religion,as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen,and as the said States never entered into any war or act of hostility against any Mahometan nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.

Section 2
Laik and the Republican People's Party (RPP) in Turkey Examining the case of RPPs secularism (Laik or Laiklik in Turkish) in Turkey offers comparative insights into the experiment of the ALs secularism in Bangladesh, the third largest Muslim majority state. Turkeys experience to a great extent contradicts the generalization about the scope of secularism (an ideology) or/and secularization (a social process) in the Muslim majority territories. According to Gellner (1991) no secularization has taken place in the world of Islam and Lewis (2002) points out an absence of instruction about distinguishing between God and Caesar and between the different duties owed to each of the two as a reason behind truancy of secularist movement in the Islamic world. However, despite several setbacks, Turkey has been constitutionally exercising one of the most radical versions of secularism in this world for last eight decades and the RPP is the party leading the secular movement since its outset.
17 18

John Adams (1735-1826) was the second President (1797-1801) and one of the founding fathers of the US George Washington (1731-1799) was the first President (1789-1797) and Commander in chief of the American Revolutionary war from 1775-1783 19 The Treaty of Tripoli was an attempt to save the US vessels in the Mediterranean Sea and Atlantic Ocean from the attack of the pirates authorized by the city state of Tripoli.The treaty was signed at Tripoli on November 4, 1796; ratified in the U.S. Senate on June 7, 1797. President John Adams signed the treaty on June 10, 1797. Source: Boston, Robert "Joel Barlow And The Treaty With Tripoli," Church & State Magazine, June, 1997 (http://www.stephenjaygould.org/ctrl/archive/boston_tripoli.html) , (visit 10 May 2010)

The RPP was formed during the Turkeys war of independence in 1923 and emerged as the ruling party after 1924. In an immense attempt to operationalise the project of mode rnity, in the 1920s and 1930s, the RPP government under the leadership of founding father of the nation Mustafa Kamal Ataturk (1881-1938) introduced all encompassing changes in favour of secularism in Turkeys state and society. The Republic introduced a secular system of la w and education, destroyed the influence and power of the ulemas (learned men of Islam) within the state administration, brought orthodox Islam under state control, banned the sufi (Muslim mystic) order and prohibited religious speech, propaganda and organizations with political intention. The regime also abolished sharia (Islamic law), banned polygamy, and enacted [A] new civil code that allowed equal rights and equal opportunities for women in education and employment (Carkoglu & Rubin 2006; Azak 2010).

In 1924, the year the Republic was formed, the article that described Turkey as an Islamic state was removed from the constitution, and the Roman alphabet was introduced in place of Arabic. Certain religious activities, including Adhan (the call to prayer) were moved to the Turkish language (Cinar 2005). The RPP regime removed the line the Religion of the State is Islam from the constitution in 1928. The second article of the constitution in 1937 clearly identified Turkey as a secular state. Since, February 1937, the principle of secularism ha s been a non-amendable part of the Turkey constitution. At the end of the 20th century, Turkey defined secularism, once more, in a distinctive way. The current constitution of Turkey ratified on 7 November 1982 declared Turkey as a secular and democratic republic (Article 2). Article 24 of the constitution allows religiou s belief and conviction and participation in religious services. It also states that no one shall be compelled to worship, participating religious ceremonies and rites, reveal religious beliefs and convictions, or be accused of religious beliefs or convictions. 1982 Constitution also declares that education and instruction in religion and ethics shall be conducted under state control and supervision20. In the first week of March in 1989, the Turkish Constitutional Court opined that Islam, unlike Christianity, had public claims. And in order to control such a religion and confine religion to individual spirituality, a strict secularism was essential. In mid -January, 1997, the Turkish Constitutional Court opined that secularism is not restricted only to the
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The Constitution of the Turkish Republic. November 7, 1982. Website of Turkish Constitutional Law (http://www.anayasa.gen.tr/1982Constitution-EYasar.htm ), (visit 15 March 2010)

separation of the state and religion. According to the court, secularism means the separation of religion and worldly affairs which means separation of social life, education, family, economy, law, manners, dress codes, etc from religion (Kuru 2008).

The experience of Turkeys secularism can be seen from two perspectives. From one side, it can be branded as a success story. On the other hand, it is also possible to argue that increasing popularity of the pro-religious forces and repeated defeats of the RPP (or the secular forces in broader sense) in the elections in the current decade, regardless of complete constitutional and judicial safeguards for secularism, indicates a gradual erosion the ideal in the country.

Turkey was previously widely known as Ottoman Empire (1299-1922 AD). From the midsixteenth century the Sultan claimed to be the ceremonial Caliph (leader) of all the Muslims in this world. Certain reforms took place in the Ottoman Empire in the early and late nineteenth century21, but at the same time, pro-secular laws in the Ottoman Empire were justified on the grounds that they were necessary for the well -being of the Islamic community (Inalcik 1964), which indicates an unambiguous supremacy of the spiritual over the temporal. From this point of view, a deliberate attempt to create a secular Turkey was started only after the establishment of Republic of Turkey in late October 1923. And all the successes or shortcomings in this venture can been measured against the historical reality that the RPP under the headship of Kemal Ataturk commenced secularism and worked to infiltrate the ideal in a state that was the leader of the Muslim world for centuries, and where religion was the prime factor in state affairs and individuals lives. However, there are downsides in the story of secularism in Turkey. There are scepticisms and criticisms about the way Kemalist 22 secularism attempted to deal with religion in Turkey from the beginning (Zubaida 1996). The victories of Justice and Development Party (JDP) (
21

For example, a system called Din-uldevlet allowed both Islam and the state as sources of legislation. Orf or Kanunname, derived from the will of the ruler, worked as a source of law by the side of Islamic law. Hatt-I Serif of Gulhane guaranteed life, honor and property of the subjects of the empire regardless of their religion. Tanzimat emphasized equality for the Muslims and non-Muslims in the fields of public service, taxation and military service. Source: Azak, Umut (2010), pp.2-3 22 Kemalist ideology or Kemalism, also known as "Six Arrows" (Turkish: Alt Ok). These six arrows are republicanism, statism, populism, secularism, nationalism and reformism. Kemalism developed by the Turkish National Movement and its leader of Mustafa Kemal Atatrk. Kemalism urge for a secular national state on the basis of the principles of enlightenment, rationalism and positivism. Source: (1) Kemalism, Oxford Islamic Studies online (http://www.oxfordislamicstudies.com/article/opr/t236/e0440) , (visit 23 February 2010) (2) Webster, Donald Everett, The Turkey of Ataturk; Social Process in the Turkish Reformation. New York: AMS Press, 1973

Turkish: Adalet ve Kalknma Partisi, or AKP ) in the 2002 and 2007 general elections strengthen criticisms against constitutional court-supported and military backed Top-down elitist secularism in Turkey. There is also evidence that revulsion against Darwinism, and admiration for theories like intellectual design are also on the rise. For example, in 2008, the then Education Minister Huseyin Celik, an admirer of intellectual design, branded Darwinism as a weapon of the materialists and infidels 23. Again, there is also information available that shows pro-religious forces are active among the lower strata of the Turkish society with an intention to strengthen political support by providing instant economic benefit and portraying themselves as the emancipators of the poor 24. All these realities suggest a rethink about the top-down approach of the RPP-led secularism project in Turkey.

However, in spite of the above-mentioned non-secular realities, it can also be argued that the RPPs eight decade long project of hard-line secularism has had a secularizing impact on the minds of the Turks, though they may prefer a moderat e version of secularism in general. For example, a 2008 survey revealed huge acceptance of religion in personal life but strong opposition to the role of religion in public affairs which can described as a clear indication of a triumph for secularism in the public arena.

In March 2008, the independent polling company Veritas conducted a survey of 4,500 adults in 33 cities in Turkey on secularism and religion related issue for Star Daily. Less than 5 percent respondents say they cannot accept women without head-cover. On the contrary, a little more than 5 percent of the hard-line secularists are intolerant toward women covering their heads. Nearly 87 percent of the RPP voters have no strong stance against headscarves. These views of the officially hard-line seculars plainly show an inclination for a soft version of secular ideals. Among the participants, 92 percent define themselves as believers and nearly 44 percent say all the daily prayers, whereas slightly more than 7 percent are atheist.

However, for nearly 44 percent of respondents, religion is highly personal matter, between man and god. Although, a pro-religious party, i.e., the JDP, was in power, less than 8 percent preferred a political system based on religion. The Veritas poll shows that most
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Source: Steinvorth, Daniel, A Muslim Creationism Debate: Taking on Darwin in Turkey, Spiegel Online, 23 September 2008 (http://www.spiegel.de/international/world/0,1518,579913,00.html) , (visit 24 September 2008). 24 Turkey's AKP targets poor in regional vote World Bulletin Reuters ( http://www.worldbulletin.net/news_detail.php?id=39025), (visit 11 January 2010)

people in Turkey consider secularism as something more than a legal principle and accept it as a life style, and a majority of the respondents support separation of religion and state, and the states equidistance from all faiths 25.

The profound impact of secularism in Turkey can also be measured from the other side. In Turkey, unlike Bangladesh and all other Muslim states, government affairs and politics revolves to a huge extent around the idea of secularism. Even the pro -religious politicians and political parties have to speak in favour of secularism openly, though they differ on the definition and jurisdiction of secularism. For example, Recep Tayyip Erdogan, the Prime Minster and leader of the pro-religious ruling party AKP, has to agree that seculari sm is one of the guarantors of democracy and peace 26.

Secularism and the Indian National Congress (INC) There are differences of opinion amongst the scholars about the roots of Indian secularism. It is argued that European secularism emerged as a result of struggle against church and for that reason carried an atheistic trend and implied indifference toward religions. By contrast, secularism was conceived in multi-religious India, where religion has always been the area of prime attention, as a philosophy which ensures equally respect for all the religions (Engineer 2007). In this line of argument, taking into account the impact of Indian intellectual history and intellectual pluralism, Sen (2005) argues that Indian secularism emphasises neutrality to the religions instead of prohibition of religious associations in state activities. But there are opposite views. For example, Koenraad (1991) argues that Indian secularism was borrowed from Europe. However, despite considering secularism as something borrowed from the West, he defines the ideal as neutrality of the government in religious affairs and also holds the view that secularism does not promote one belief system. It has also been claimed that secularism has not been the product of a process of actual secularization of life in India, but, developed as a response to the actual historic need of Indian society like the other ideas of democracy, socialism and the like. In this connection it is also argued that religion in the orient, unlike the West, is so powerful that it often hinders
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Source: Religious Tolerance Prevails in Turkey, Poll Shows, Todays Zaman, 14 March 2008 (http://www.todayszaman.com/tz-web/detaylar.do?load=detay&link=136373 ), (visit 11 February 2010) 26 Source: Two Definitions of Secularism, TURKS.US Daily World EU News, 12 November 2004 ( http://www.turks.us/article.php?story=20041112065644363&mode=print ), (visit 14 April 2010)

the process of social change (Ansari 2001). Ansaris comment resonates with Tejanis (2007) observation on the constituent assembly debates (1946 -1950) in India in which the INC as the main political party pla yed significant role. According to Tejani, debate in the assembly before and after independence established a meaning of secularism in India that emerged from the issue of political safeguards for the religious minorities in the form of reservations of quotas in the legislative branch, and adequate and fair representation of the minorities in the public services. Jahagirdar (2003) states that despite very little debate on secularism prior to independence, it was accepted that India will not discriminate against any religion and will allow freedom of religion to the followers of different religions. According to S. Radhakrishnan (1999), the second President of India selected by the INC, when India is said to be a secular state, it does not mean we rejects the reality of an unseen spirit of the relevance of religion to life or that we exalt irreligion. At the same time, he mentioned that no one religion should be accorded special privileges in national life or international relations, and no person should suffer any form of disability or discrimination because of religious belief.

The abovementioned observations indicate the mighty presence of religion in Indian society. It can be argued that unlike the state versus church tussle in the West, the omnipre sence of religion, and the tension and antagonism between the two main religious communities, .i.e., the Hindu and the Muslim, since the early 20 th century contributed to an enormous extent to the formulation of the idea of Indian secularism.

There are allegations from the pro-seculars and the anti-seculars as well regarding the secularism of the INC, the oldest, the largest and the main liberal political party in India. For the pro-seculars, the INCs secularism is a sham and miserably failed to uphold the cornerstones of the ideal and prevent religious bloodshed in the country 27. On the other hand, the anti-seculars, most notably, Hindu nationalists, accused the INC of playing vote bank politics using the name of secularism. For example, in March 2009, a nti-secular Bharatiya Janata Party (BJP) leader and former chair person of the Rajya Sabha (upper house of the Indian parliament) Najma Heptullah accused the INC of keeping the religious minorities
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For example, when commenting on the 2002 religious riots in Gujarat province, Ashis Nandy, a r enowned intellectual in India, opined that, The Gujarat carnage of 2002 should make us openly admit what we all secretly know but cannot publicly acknowledge that our theory and practice of containing religious and ethnic strife, mainly powered by the ideology of secularism, has not helped us much. Source: Nandy, Ashis, Unclaimed baggage, In Bad Faith, The Little Magazine, Vol. 3, Issue 2, 2004

captive and creating a fear psychosis amongst minorities in the name of secularism since independence28. In April 2010, Nitin Gadkari, the president of the BJP, went further. He branded the INCs secularism as an effort to appease the minorities and the terrorists 29.

Whatever the truth about the allegations from the pro-secular and anti-secular forces in recent decades, and the much blamed failure in accommodating the Muslim elites that could prevent the partition of India, there is evidence that the INC has undertaken, at least officially, several pro-secular initiatives since its inception in the late 19 th century. For example, in the early years, at least three Presidents of the party came from religious minority communities. That indicates an awareness of the importance of religious harmony in predominantly Hindu India. The INC was established in 1885. Dadabhai Naoroji (1825 -1917), a Parsi and Badruddin Tyabji (1844-1906), a Muslim were the second and third Presidents of the INC respectively. Naoroji was the President in 1886, 1893 and 1906. Tyabji became th e President in 1887. Rahimtulla M Sayani (1847-1902), a Muslim, became the INC President in 1896 30. Supporting the Khilafat Moverment in 1920 is another example of the INCs pro -secular initiatives. The Khilafat Movement was launched by the Indian Muslims against problems

experienced by Muslims amid the fallout from the demise of Ottoman Empire after the First World War. The INC supported the Movement in 1920. The INC and the Khilafatists jointly initiated a non-cooperation movement against the British colonial rulers in India.

To understand the INCs and Indian secularism, examining the views of Mohanda s Karamchand Gandhi (1869-1948) and Jawaharlal Nehru (1889-1964)31 seems inevitable. Gandhi and Nehru are important for two reasons. Firstly, they were the two most prominent leaders of the INC and stalwarts of the Indian independence movement. Notably, they elaborated their ideas on secularism, which were reflected in the constitution of Indian later, long before the organized academic efforts and judicial interpretations on this issue. Secondly, it is evident from the writings and speeches of Gandhi and Nehru that they had basic differences in the way they looked at the issue of religion in private and public life.
28

Congress Secularism? Keeping Minorities Captive: Najma, Outlook India, New Delhi, 17 March 2009 BJP Superemo Accuses Congress, The North East Today, Shillong, 5 April 2010 (http://thenortheasttoday.in/index.php?option=com_content&view=article&id=1348:bjp-supremo-accusescongress&catid=51:news-archive&Itemid=74&month=3&year=2010), (visit 10 May 2010) 30 Source: Indian National Congress Website ( http://www.congress.org.in/past-president.php) , (visit
29

18 May 2010)
31

Mohandas Karamchad Gandhi: the founding father of India and INC President; Jawaharlal Nehru: the first Prime Minister of India and INC President

Gandhi was a religious person whereas Nehru was an atheist in his personal life and did not hesitate to speak against religion. But importantly, despite being an atheist, Nehru replicates Gandhis thought about secularism to a great extent which is very important in realizing the basics of secularism in India. In March 1931, in the Karachi session of the INC, Gandhi, Nehru and Azad 32 argued in favour of the religious neutrality of the state. In November 1933, Gandhi, a profoundly religious person, supported a Bill related to untouchability and opined that there were many situations when state needs to interfere with religion 33. Gandhi elaborated his pro-secular ideas less than one year before independence. In September 1946, in response to a query on the role of religion in independent India, he said, If I were a dictator, religion and the State would be separate. I swear by my religion. I will die for it. But it is my personal affair. The State has nothing to do with it. He also opined that the state should look after the individuals secular welfare, not his religion34. On 17 August 1946, two days after independence, Gandhi wrote that the state should undoubtedly be secular. He also spoke negatively about state funded denominational education. On 22 August 1947, Gandhi reiterated his points, identified religion as a personal matter, and emphasized the responsibility of the government and the public for the creation of a secular state that would build a new India that would be the glory of the world. Gandhis views were reflected in the resolutions of the All India Congress Committee (AICC) on 15 November 1947. The aim of the INC was described as building a democratic secular state where all citizens enjoy full supports. 35

Along with Gandhi, in understating the INCs secularism, it is imperative to deal with Nehrus thought. Nehru, not only the leader of the INC but also the Prime Minister of the polity, was the most important person who had to deal with issues like the rela tionship between the state and religion, safeguards for and the rights of the minorities in the new -born state. As mentioned earlier, Nehru had a basic disagreement with Gandhi regarding the issue of religion. Nehru was opposed to organized religion or religious scriptures or religious rituals. He wrote that organized religion, whatever its past may have been, today was very
32 33

Abul Kalam Azad (1888-1958), INC President (1923 & 1940) and leader of the independence movements. Source: Nauriya, Anil, Gandhi on Secular Law and State, The Hindu, India, 22 October 2003 34 Harizan, English Weekly (1933-1956), founded by Gandhi, 22 September 1946 (http://www.mkgandhisarvodaya.org/sfgandhi/seventeenth.htm) , (visit 22 May 2010) 35 Source: Nauriya, Ali, 2003, op,cit

largely an empty form devoid of real content (Nehru 1962). Richard Dawkins (2006) quoted Nehru in The God Delusion: The spectacle of what is called religion, or at any rate organized religion, in India and elsewhere, has filled me with horror and I have frequently condemned it and wished to make a clean sweep of it. Almost always it seemed to stand for blind belief and reaction, dogma and bigotry, superstition, exploitation and the preservation of vested interests.

However, Nehrus personal disbelief in religion did not persuade him to stand against the highly sentimental attachment of the Indian people to religion. For this understandable reason, Nehru, the first prime minister of independent India said, a secular state does not, of course, mean that the people should give up their religion. A secular state means a state in which the state protects all religions, but does not favour one at the expense of others and does not itself adopt any religion as the state religion 36. This statement shows that Nehru took into account the immense importance and grip of religion over the hearts and minds of the people in the Indian subcontinent. Nehru continued his disbelief in religion even in his Last Will and Testament 37. He wrote: I wish to declare with all earnestness that I do not want any religious ceremonies performed for me after my death. I do not believe in such ceremonies, and to submit to them, even as a matter of form would be hypocrisy and an attempt to delude ourselves and others.

This evidence again makes it clear that Nehru did not mix up his personal belief and his role as a politician and statesman in developing the definition of Indian secularism. Along with a very negative view of the role of religion in human life, it seems that the tragic drama (in which he was also a prime actor) of the partition of the sub-continent in 1947 on the basis of the differences and conflict between the political elites of the religious majority (Hindu) and minority (Muslim) made Nehru acutely aware of the risk of giving official importance to a religion in a multi-religious society like India.

In nutshell, Nehruvian secularism has four dimensions. They are: the separation of religion from political, economic, social, cultural sides of life; treating religion strictly as a personal matter; freedom of religions and religious tolerance; providing equal opportunities and no
36

Source: The Statesman, Kolkata, 7 July 1951. 37 Pandit Jawarharlal Nehru (1889-1964), British Humanist Association website (http://www.humanism.org.uk/humanism/humanist-tradition/20century/Nehru) , (visit 17 June 2010)

discriminations on religious grounds (Chandra 1994). The word secular was inserted in the Indian constitution in August 1976 through the 42th amendment. However, several Articles, for example, 22, 25-28, and 30 highlighted secular values from its enactment in November 1949. The fundamental Rights section of the Indian Constitution mentioned that the State

shall not discriminate against any citizen on religious grounds and no citizen shall be subject to any disability, liability, restriction or condition on the grounds of religion. The Right to Freedom of Religion in the constitution allows the citizen to profess, practice and propagate religion; to establish and maintain institutions for religious purposes; and to manage his/her own affairs in matters of religion. However, these rights are not unconditional. These are subject to considerations of public order, morality and health. According to Ramesh Thakur, the chapter on the fundamental rights in the Indian Constitution provided a constitutional guarantee to minority groups that their sensitivities could not be overridden in a majoritarian democracy (Thakur 1993).

It is claimed that the intellectuals and the religious minorities warmly accepted Nehrus secularism. Those who had a profound faith in religion were also attract ed to his concept of secularism (Engineer 2007). Despite all the existing significant differences in defining secularism in the Indian context, one can easily trace the influence of Nehru upon the mainstream academics and intellectuals who work on seculari sm and its justification in India.

The influence of Gandhian and Nehruvian secularism is also evident in the interpretations of the Indian judiciary. In 1962, the Indian Supreme Court described religious tolerance as the characteristic feature of Indian civilisation from the start history. The Court also stated that religious tolerance, which the founding fathers considered as the basis of the constitution, serves to emphasise the secular nature of the Indian democracy 38. In 1975, the Court defined secularism as a system of utilitarian ethics that seeks to promote the greatest human happiness or welfare, quite independent of what may be called either religious or the occult 39. In 1994, the Supreme Court identified principles of accommodation and

38

Justice Ayyangar, J., Sardar Taheruddin Syedna Saheb v. State of Bombay Case [AIR, 1962. (S.C.) 853, 871] Source: Malik, Summet and Vikramjit Banerjee, Changing Perceptions of Secularism, Constitutional Law, Supreme Court CasesTM 7 SCC( Jour) 3, 1998, Eastern Book Company website (http://www.ebcindia.com/lawyer/articles/9807a1.htm ) , (visit 15 March 2010) 39 Verdict of Ziauddin Burhanuddin Bokhari vs Brijmohan Ramdass Mehra Case, AIR 1975 SC 1788, p. 1800. Source: Menon P.B., Meaning of Secularism, The Hindu, India, 30 January 2001

tolerance as the basis of secularism. The Court ruled that religion and temporal activities cannot be mixed, and strictly prohibited the encroachment of religion into secular activities 40.

Section 3: Evaluation
The experience of secularism in France and the USA, and the RPP and the INCs experiments in Turkey and India respectively indicate that political secularism can allow the freedom to practice religion, without preaching atheism or agnosticism as something required for state affairs. At the same time, secularism does not allow the interference of religion in state affairs, and for this reason erects a wall between the state and religion. It also acts as an official safeguard to the religious minorities and sects, and checks the domination of one religion over other. Secularism also opposes any official status of a religion in a state. But these various cases also indicate that the meaning of secularism can vary from place to place.

For example, the character of secularism in the USA and India is markedly different from France and Turkey. The founding fathers in the USA and India considered secularism as the states neutrality toward religion and equal treatment to all the citizens irrespective of religious bias. Secularism in these to places does not ignore or disregard the presence of religion in individuals lives and their emotional attachment to their religious faith. State recognition of Lutheran and Reformed churches along with Catholic churches at the time of the Concordat in France, and abolition of sharia (Islamic law) system in Turkey after independence can also be seen as the states effort to reach a neutral position towards religions and citizens from different faiths. In contrast, the confiscation in France of church property after the revolution or the banning of wearing conspicuous religious signs, or in Turkey the RPP regimes decision to forbid religious speeches and the change in the language of Adhan (call for prayer) from Arabic to Turkish in the era of Kamal Ataturk are examples of states active effort to take control over religion. By contrast, secularism in the USA or India emphasis the states neutrality to all the religions. Indian secularism allows equal treatment to all the religions in their attempt to flourish, something which is absent in case of France or Turkey.
40

Justice Ahmadi, J., S. R. Bommai v.Union of India Case [AIR 1994 SC 1918:(1994)3 SCC1] Source: Summet, 1998, Op.cit

It is also important to understand that official experiments with secularism have their ups and downs. The history of official acceptation of the national motto, In God We Trust, in the United States can be mentioned here as an example here. There is no mention of the word God in the text of the US constitution or Bill of Rights. But, the demand for the recognition of God in the US government system increased during the civil war (1861-1865). Under pressure for the recognition of the Almighty God and to relieve the nation from the ignominy of heathenism from the religious quarter, the government admitted that no nation can be strong except in the strength of God, or safe except in His defence. From this understanding, the Congress passed an Act in April 1864 that allowed In God We Trust to appear on the two-cent coin. The motto was placed on all gold and silver coins through another Act in March 1865. Nearly a century later, a law was passed by the 84 th Congress in July 1956 declaring In God We Trust as the national motto of the United States 41. Acceptance of In God We Trust replaced the de facto secular national motto, E Pluribus Unum (Out of many, one) that was approved by the Congress as the Great Seal of United States in 1782. The coming to power in India of the Hindu nationalist Bharatiya Janata Party (BJP) in 1998, and in Turkey of the Justice and Development Party (JDP) in 2002 and 2007 highlights the erosion of secularism in these two countries which started their journey accepting secularism as an undeniable necessity for a modern polity. Reflecting all these findings, the analysis of the ALs experiment in Bangladesh in the chapters which follows will be based on the understanding that in spite of similarities in its basic premise, i.e., a separation of state and church, political secularism or experiments with secularism at the official level vary from place to place, and over time. It is also a fact that, as Rajeev Bhargava (2007) argued, each conception of secularism may interpret separation in a way which is to some extent different from other conception, and can place different weight on the same values related to separation of state and religion. Besides, this research accepts that secularism is usually used in rather muddled, ambiguous, unclear ways in Bangladesh (which is true in a great many countries), and as a result, its meaning has changed over time. Detailed disc ussion in Chapter Three and Chapter Five on the ALs changing approaches to secularism and related concepts make that clear. It is thus possible to speak of an indigenous version or, because things change over time, indigenous versions of secularism. It is also important to note that the changes that are seen over time in Bangladesh are less the product of cultural changes than changes in political dynamics.