Indian secularism is based on equal respect, not separation. Examine in the light of disputes over national symbols.
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Western secularism builds a "wall of separation" between Church and State. Indian secularism instead follows sarva dharma sambhava, which allows the State to engage with religion as long as it treats every faith equally and forces no one in matters of belief [1]. Disputes over national symbols are where this principle is tested hardest.
Equal respect: the constitutional design
- Engagement allowed: Art. 25(2) lets the State regulate secular activities linked to religion and reform Hindu religious institutions [1].
- Equality guaranteed: Art. 27 bars taxes that promote any religion. Art. 28 bars religious instruction in institutions wholly funded by the State [1].
- Conscience protected: Art. 25(1) guarantees freedom of conscience to every individual, not just to communities [1].
National symbols: equal respect in practice
- Accommodation: On 24 January 1950, Rajendra Prasad declared that Vande Mataram would have "equal status" with Jana Gana Mana. Neither was imposed over the other [2].
- Freedom to stay silent: In Bijoe Emmanuel (1986), the Supreme Court protected Jehovah's Witness students who stood respectfully but did not sing the Anthem (Arts. 19(1)(a) and 25) [3].
- Current dispute: Government orders of 28 January and 9 July 2026 mandate the six-stanza Anandamath version, replacing the two-stanza version used for 79 years. The petitioner, B.D. Borkar, an SC Buddhist, calls the added stanzas a "sectarian prayer to particular goddesses" [4].
- Criminal stakes: The Prevention of Insults to National Honour (Amendment) Bill, 2026 makes it an offence to prevent the singing of the National Song. The penalty is up to three years' imprisonment [5].
Strains on the model
- The State's case: it is honouring national heritage, including through the commemoration of the song's 150 years that began on 7 November 2025 [6]. On this view, the imagery shows the motherland rather than a deity.
- The concern: if the State itself mandates a text that some citizens read as worship, equal respect starts to look like majoritarian symbolism.
- The test: honouring a symbol is legitimate. Compelling a contested religious version undermines the State's neutrality.
Overall, equal respect in India has worked through accommodation, for example giving two songs equal status rather than ranking them. Applying the reasoning in Bijoe Emmanuel (honour the symbol, do not compel belief) would keep national symbols unifying. That approach would uphold the Preamble's ideals of secularism and fraternity.
Sources
- 1Constitution of India: Preamble, Articles 25–28, Legislative Department, Ministry of Law & JusticeState engagement with religion, equality across faiths, freedom of conscience
- 2Constituent Assembly of India Debates, 24 January 1950, Lok Sabha SecretariatRajendra Prasad's declaration giving Vande Mataram "equal status"
- 3Bijoe Emmanuel v. State of Kerala (1986), Supreme Court of Indiaright not to sing the Anthem on grounds of conscience
- 4"Plea in Supreme Court dubs six-stanza Vande Mataram as a 'divisive religious war song'", The Hindu, 3 Oct 2026orders of Jan 28 and Jul 9, the 79-year two-stanza practice, the petitioner's claims
- 5The Prevention of Insults to National Honour (Amendment) Bill, 2026, PRS Legislative ResearchNational Song brought under the 1971 Act; three-year penalty
- 6PIB: PM to inaugurate year-long commemoration of 150 years of "Vande Mataram", 7 November 2025State commemoration of the song