Interrelations between the religion and the state in India

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Interrelations between the religion and the state in India

Lyubimova O.V.

Vladimirskiy State University named after the Stoletov brothers

Vladimir, Russia

India known as the land of spirituality and philosophy, was the birthplace of some religions, which even exist today in the world.

The most dominant religion in India today is Hinduism. About 80% of Indians are Hindus. Hinduism is a colorful religion with a vast gallery of Gods and Goddesses. Hinduism is one of the ancient religions in the world. It is supposed to have developed about 5000 years ago. Later on in ancient period other religions developed in India.

Around 500 BC two other religions developed in India, namely, Buddhism and Jainism. Today only about 0.5% of Indians are Jains and about 0.7% are Buddhist. In ancient times Jainism and specially Buddhism were very popular in India. Indians who accepted Buddhist philosophy spread it not only within the Indian sub-continent but also to kingdoms east and south of India.

These three ancient religions, Hinduism, Buddhism and Jainism, are seen as the molders of the India philosophy. In 'modern' period new religions were also established in India.

One comparatively new religion in India is Sikhism and it was established in the 15th century. About 2% of Indians are Sikhs. There were other attempts to create new religions in India but they did not always succeed. For example, a Moghul emperor,

Akbar, who reigned between 1556 - 1605, tried to establish a new religion, Din- E- Elahi, but it did not survive. There are other religious philosophies whose believers see themselves as a separate religion, but they do not always get this recognition. For example Lingayat of south India see themselves as a different religion, while others see them as a sect of Hinduism. There are also some tribal communities who demand to be recognized as separate religion from Hinduism. In the 19th century some Hindu reformers tried to remodel Hinduism to adjust it to modern period.

Along with the religions that developed in India, there are followers of non- Indian religions. The largest non-Indian religion is Islam. They are about 12% of India's population. Christians are more then 2% of India's population. There are also Zoroastrians who even though make less then 0.01% of India's population, are known around India. There are also a few thousand Jews in India. Judaism and Christianity might have arrived in India before they arrived in Europe.

The constitution provides for freedom of religion, and the National Government generally respected this right in practice; however, some state and local governments restricted this freedom.

The country is a secular state with no official religion. The country's political system is federal, according state governments exclusive jurisdiction over law enforcement and the maintenance of order, which has limited the national government's capacity to deal directly with abuses of religious freedom. The country's national law enforcement agency, the Central Bureau of Investigation (CBI), cannot investigate a crime committed in a state without the state government's permission. However, the national government's law enforcement authorities, in some instances, have intervened to maintain order when state governments were reluctant or unwilling to do so.

The NHRC and the National Commission for Minorities (NCM) are governmental bodies created to investigate allegations of discrimination and make recommendations for redress to the relevant local or national government authorities. Although NHRC recommendations do not have the force of law, central and local authorities generally follow them.

In January 2006, in an effort to build bridges with minority communities, the UPA Government set up a Ministry for Minority Affairs.

Although religious groups were not required to register with the Government, all foreigners, including missionaries, must register with the local police station before working in the country.

A number of federal and state laws regulate religious life in the country. These include the Foreign Contribution Regulation Act (FCRA) of 1976, several state anticonversion laws, the Unlawful Activities Prevention Act of 1967, the Religious Institutions (Prevention of Misuse) Act of 1988, India's Foreigners Act of 1946, and the Indian Divorce Act of 1869.

The Government may ban religious organizations that provoke intercommunity friction, have been involved in terrorism or sedition, or have violated the FCRA, which restricts the disbursement of foreign funds to missionaries and religious organizations, both foreign and local. Some organizations complained that the FCRA prevented them from properly financing humanitarian and educational activities.

The Religious Institutions (Prevention of Misuse) Act of 1988 makes it an offense to use any religious site for political purposes or to harbor persons accused or convicted of crimes.

Since 2000, Uttar Pradesh's "Religious Buildings and Places Bill" has required a permit endorsed by the state government before the construction of any religious building.

Legislation in West Bengal requires a district magistrate's permission before the construction of a place of worship.

The Tamil Nadu Government continued to actively work to strengthen Hindu institutions. In 2005, Chief Minister Jayalalithaa extended the government-aided free meal program to include Christian churches. Previously, it was limited to Hindu temples and mosques.

There is no national law barring a citizen or foreigner from professing or propagating religious beliefs; however, speaking publicly against other beliefs is deemed dangerous to public order and is prohibited by the country's Foreigners Act. This act strictly prohibits visitors on tourist visas from religious preaching without permission from the Ministry of Home Affairs. The Government forbids foreign missionaries of any faith from entering the country without prior clearance, and expels those who perform missionary work without the correct visa. Long-established foreign missionaries generally can renew their visas, but the Government has not admitted new resident foreign missionaries since the mid-1960s.

A number of cable and satellite television networks dedicated to religious programming operated in the country without difficulty.

There are different personal status laws for the various minority religious communities, and the legal system accommodates religion-specific laws in matters of marriage, divorce, adoption, and inheritance. Muslim personal status law governs many non-criminal matters, including family law and inheritance.

The Indian Divorce Act of 2001 limits inheritance, alimony payments, and property ownership of persons from interfaith marriages and prohibits their use of churches to celebrate marriage ceremonies in which one party is a non-Christian. Clergymen who contravene its provisions could face up to ten years' imprisonment. However, the act does not bar interfaith marriages in other places of worship.

The Government permits private religious schools, but does not permit religious instruction in government schools. The supreme court ruled that the Government can prescribe merit-based admission for religious colleges that receive public funding, while those that do not may use their own criteria, including religious affiliation.

Many Hindu sects have established their own schools, although they did not receive aid from the state. Most Islamic madrassahs did not accept government aid, alleging that it would subject them to stringent security clearance requirements.

In 2003, the West Bengal Government brought the undergraduate and postgraduate sections of madrassahs under the higher education department of the state while promising to extend college status to the Calcutta Madrassah. The Government also decreed that the state's Public Service Commission would hire madrassah teachers and introduced new subjects like economics, computer science, and political science into their curriculum.

The major holy days of the country's major religious groups are considered national holidays, including Good Friday and Christmas (Christian); the two Eids (Muslim); Lord Buddha's birthday (Buddhist); Guru Nanak's Birthday (Sikh); Dussehra, Diwali and Holi (Hindu); and the Birthday of Lord Mahavir (Jain).

india religion state secular

References

1. Народы и религии мира: Энциклопедия / Гл. ред. В. А.Тишков. -- М.: Большая Российская энциклопедия, 1998. С. 928. -- ISBN 5-85270-155-6.

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