IS INDIA STILL SECULAR? - An Opinion

 by

Anupama Shaw

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Secularism was once at the heart of India's democracy. It promised equal treatment for every citizen, no matter their religion. It meant more than simply tolerating differences, it meant respecting all beliefs and favouring none. But today, we must ask: IS INDIA STILL SECULAR? Has this principle been quietly altered? 

The founders of modern India, leaders like Jawaharlal Nehru and B.R. Ambedkar, did not view religion as a threat to democracy. Their main concern was communalism, the harmful belief that people from one religious group oppose those from another. For them, secularism was about preventing religion from being misused for political reasons. Ambedkar, who wrote India's Constitution, understood how religion could justify caste oppression and social hierarchy. To him, a secular state was not just a legal matter; it was a moral commitment to uphold human dignity. 

Articles 25 to 28 of the Constitution guarantee freedom of religion. Article 14 ensures equality before the law. These statements were not just decorative phrases; they formed the backbone of the republic. The word "secular" was officially added to the Preamble by the 42nd Constitutional Amendment in 1976, reaffirming that the founding vision was intentional. 

However, the current political forces in India have a different vision. The ruling party and its supporters openly promote a majoritarian view of nationalism, prioritizing the identity of the majority and viewing cultural diversity as secondary. This change is not subtle; it is loud, deliberate, and often unapologetic. It often presents secularism as a Western idea that does not fit India's cultural context. 

A key piece of evidence for this change is the Citizenship Amendment Act (CAA) of 2019. For the first time in India’s history, religion was a clear criterion for citizenship. The Act expedited citizenship for persecuted minorities from Afghanistan, Bangladesh, and Pakistan, but notably excluded Muslims. Critics argued this directly violated the Constitution’s guarantee of equality. The Supreme Court received over 200 petitions challenging the law. As of 2025, a final ruling is still pending, indicating the political weight of the issue. 

Additionally, the National Register of Citizens (NRC) exercise in Assam left about 1.9 million people stateless, many of whom were Muslims who had lived in the state for generations. What started as a citizenship issue turned into a religious matter based on lived experiences. 

This shift is evident not only in legislation but also in everyday life. According to the India Hate Lab, incidents of anti-Muslim hate speech increased by over 62% between 2022 and 2023. The India spend database recorded more than 100 cases of cow-related violence from 2010 to 2022, with Muslims being the primary targets. Many of these incidents occurred in public, yet many perpetrators faced no consequences. When the state does not respond promptly and firmly to communal violence, its silence becomes a message rather than neutrality. 

Ironically, the decline of secularism did not begin solely with the ruling forces. Opposition parties share some of the blame, often using vote-bank politics to appeal to specific religious or caste groups. This approach has led to identity-based division and further weakened the nation’s secular fabric. The Congress party, which ruled India for decades under the banner of secularism, also faced its own communal failures. The 1984 anti-Sikh riots, which followed Indira Gandhi's assassination, led to the deaths of over 3,000 Sikhs, mainly in Delhi. The state’s response to this violence was insufficient; justice was delayed for many years. 

It is important to note that selective secularism protecting minorities only when it is politically advantageous is not true secularism. The decline started long before 2014. It has quietly developed under various governments, led by leaders who viewed religious identity as a political tool rather than a constitutional issue. Recently, there have been signs of bias in parts of the judiciary, especially at lower levels, favouring majority interests in sensitive cases. While higher courts have generally maintained a balanced stance, these shifts at the grassroots level are concerning for a democracy that values justice and equality. 

In 2020, the Allahabad High Court made comments suggesting that conversion for marriage was unacceptable language mirroring the "love jihad" narrative promoted by right wing groups before reversing its stance. The fact that such ideas entered judicial discussions at all is significant. Courts should not reflect popular bias; they exist to challenge it. Moreover, the use of the Unlawful Activities Prevention Act (UAPA) against journalists, students, and activists, many of whom criticized government religious or cultural policies, has drawn criticism from groups like Amnesty International and Human Rights Watch. When dissent becomes dangerous, supporting secularism becomes even more challenging. 

The world is watching. Freedom House downgraded India from "Free" to "Partly Free" in 2021, citing shrinking space for religious minorities and civil society. The U.S. Commission on International Religious Freedom has continually raised concerns about India. The Economist Intelligence Unit's Democracy Index ranked India 46th in 2023, a significant drop from previous years. These are not politically motivated attacks on India’s sovereignty; they are assessments that the Constitution itself prompts: a republic must be willing to evaluate itself against the standards it set at its founding. 

If India is to stay true to its Constitution, secularism must not just survive, it must be actively defended. It is no longer merely a legal term or an academic discussion. It is a reality that impacts how millions experience justice, dignity, and freedom in their daily lives. India is not a failed state. Its institutions, though under pressure, still function. Elections still take place. Courts still occasionally rule against the government. The press, despite challenges, still publishes. Civil society still protests. These are important developments. But being wounded is not the same as being safe. 

Democracies rarely collapse overnight. They erode gradually through countless small silences, through many moments when principles are sacrificed for convenience. The students in classrooms today, writing for college newspapers and debating in seminar halls, are not just observers of this story. They are part of its next chapter. The question "Is India still secular?" is one we cannot direct solely at our politicians. We must ask it of ourselves. The answer will depend entirely on what we are willing to uphold.

(N.B: Author's own opinion)

References & Further Reading:

I. Constitutional & Legal Documents

The Constitution of India: Full Text of Articles 14, 25-28 (Official Gazette).

The Citizenship (Amendment) Act, 2019: Ministry of Home Affairs Official Notification.

Supreme Court of India: SC to commence final hearing on 240+ CAA petitions from May 5, 2026 (India Today Report). 

II. Statistical Reports & Human Rights Data

Anti-Muslim Hate Speech: Hate Speech Events in India: 2023 Annual Report (India Hate Lab).

Cow-Related Violence: 78% of those killed in cow-related violence were Muslims (The Hindu/FactChecker.in).

Assam NRC Data: Final National Register of Citizens (NRC) List (2019) (Official State Portal).

III. International Democracy Indices

Freedom House (2021): India: Freedom in the World — Status: Partly Free.

Economist Intelligence Unit (EIU): Democracy Index 2023: India Ranks 46th Globally.

Amnesty International: India 2023/24 Report on Human Rights and Dissent.

IV. Judicial & Media Analysis

Allahabad High Court Ruling (Reversal): "Right to Choose Partner is Fundamental" — Order in Salamat Ansari vs. State of UP.

The 1984 Anti-Sikh Riots: Justice Nanavati Commission of Inquiry Report.