Law opinion
Secularism, state religion and religious freedom in eastern and western democracy
Arif Khan
Since the revolution of the eighteenth century in religious thinking, many modern countries adopted secularism as a state principle. But surprisingly, many developed countries even could not avoid the religious bias. Still the majority's religion is certified by constitutional principle in those country. In England though the monarch is the head of the state, he is the head of the church as well. In Canada the citizen rights bill was adopted in 1982, in which the freedom of thought, conscience and speech was guaranteed. But it was also a religious convention.
On 25 November, 2004 Department of Law of University of Dhaka, arranged a seminar on the above-mentioned topic. Dr. Imtiaz was present as speaker. Dr. Imtiaz is a teacher in the university of New England, Australia. He is a specialist on Comparative Constitutional Law. Dr. Imtiaz first put the question: "What is secularism?" He said in answer that secularism is equality in all religion. Secularism is a western concept. This concept flourished in the eighteenth century. At that period all the state activities were influenced by Church. As a result, religious conflict was at the pinnacle in the society. Thousands of blood took place only because of religious disharmony. In such a situation the progressive reformers and thinkers had to rethink religion. Eventually the idea of secularism arose. So it may be called an eighteenth century Christian concept. But Dr. Imtiaz Omar reminds us that for the first time secularism was established before one thousand and five hundred yeas ago in the Medina. In that state the right of the other religious followers was guaranteed. But most unfortunately though France, a modern secular state where wearing scurf by Muslim women is forbidden.
Dr Omar discussed about the state religion. He questioned "Why should we have a state religion?" Even the modern countries are not out of the parable of the state religion. In section 4 of the Constitution of Denmark it is declared that the Church is supported by the state. In Norway section 2 of the Constitution ensures the religious freedom but the section 2(2) says the majority's religion will be the official religion. The preamble to Ireland's Constitution declares that the 'Trinity' as their basis. In the Eastern part of the world, Sri Lanka has established Buddhism as their basic principle (Article 7). The Constitution of Nepal is inspired by Hinduism. Dr. Omar gave emphasis on the outstanding feature of Bangladesh's first constitution where secularism was adopted without any ambiguity. He adds with a special stress that the constitution of the Republic of Bangladesh was the first post-colonial constitution which adopted secularism. But in 1979 (by fifth amendment) secularism was abolished from the constitution. And finally in 1988 (by eighth amendment) Islam was declared as state religion. In Pakistan the secular journey is more hazy and disordered. In the first constitution of Pakistan of 1956, the state was declared as Islamic Republic of Pakistan. But in the constitution of 1962, the state was declared as Republic of Pakistan. And again in the constitution of 1973, the state was declared as Islamic Republic of Pakistan. By an amendment in 1991, the Pakistan Constitution declared that no political party can be involved in any sectarian activities. In India's constitution such a similar provision was incorporated in 1950. But unfortunately the principle of secularism was considered as religionlessness. And later on a claim arouse to declare the Bombay and Maharastra state as Hindu kingdom. In this regard Monohar Josi case (AIR 1996 SC) gave a famous decision. Maharastra Court set aside the case and said secularism is the equality among the religions and not among the cults of atheism.
Dr. Imtiaz summarizes by saying that some Eastern and Western countries influenced by flow of modernism wanted to keep their journey on with secularism but ironically somehow or other they were dominated by majority's religious spirit. As a result the minority group remained neglected. The spirit of secularism was not established and so the root of the religion-biased clashes prevailed and is still prevailing.
The writer is a student of Law Department at Dhaka University
