Principled Distance

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Hinduism is agreed to be tolerant towards other faith as can be seen in this verse from the Rig Veda. Unity in Diversity.png
Hinduism is agreed to be tolerant towards other faith as can be seen in this verse from the Rig Veda.

Principled Distance is a new model of secularism given by Rajeev Bhargava. The separation of government institutions and persons mandated to represent the state from religious institutions and religious dignitaries. He says that Indian secularism did not erect a strict wall of separation, but proposed a 'principled distance' between religion and state. [1] Moreover, by balancing the claims of individuals and religious communities, it never intended a bludgeoning privatization of religion. In India, secularism means equal treatment of all religions. Religion in India continues to assert its political authority in matters of personal law. [2] The western model of secularism is criticized in India for being an outdated concept as Rajeev argued that since Western model was developed when society was more homogeneous but since in the era of globalization, society is becoming more heterogeneous therefore a new concept, suitable for the present situation, is needed. He even argued that since Europe itself is no more homogeneous hence West should also follow the principled distance model which on one hand respects the diversity and at the same time empowers the state to interfere in case of any discrimination in the name of religion. [3]

Contents

Examples of Principled Distance

Article 29 & 30 in Constitution of India seeks a principled distance between minorities as well as majority to protect, preserve and propagate their cultural, linguistic and religious identity through establishment of cultural and education institutions. [4] [5]

The Haj subsidy is a subsidy given to Indian Muslim Hajj pilgrims by the Government of India. The program has its origins in British colonial era. In post-colonial era, the Nehru government expanded the program in 1959 with the Hajj Act. [6] The subsidy and taxpayer funded arrangements initially applied to Muslim Indian pilgrims traveling for religious reasons to Saudi Arabia, Syria, Iraq, Iran and Jordan. Since 1973, pilgrims applying through the Haj Committee of India are offered a concessionary fare on Air India. [7] The subsidy was withdrawn on January 16, 2018 as per the orders of the Supreme Court of India.

Central Wakf Council, India is an Indian statutory body established in 1964 by the Government of India under Wakf Act, 1954 (now a sub section the Wakf Act, 1995) for the purpose of advising it on matters pertaining to working of the State Wakf Boards and proper administration of the Wakfs in the country. Wakf is a permanent dedication of movable or immovable properties for religious, pious or charitable purposes as recognized by Muslim Law, given by philanthropists. The grant is known as mushrut-ul-khidmat, while a person making such dedication is known as Wakif. [8] [9] [10]

On one hand there is All India Muslim Personal Law Board (AIMPLB), a non-government organisation constituted in 1973 to adopt suitable strategies for the protection and continued applicability of Muslim Personal Law in India, most importantly, the Muslim Personal Law (Shariat) Application Act of 1937, providing for the application of the Islamic Law Code of Shariat to Muslims in India in personal affairs. [11] [12] The Board presents itself as the leading body of Muslim opinion in India. A role for which it has been criticised [13] [14] as well as supported. [15] But on the other hand, through judgement, Supreme Court of India allows Muslims to adapt child. The apex court said on Wednesday that the laws of land has to get primacy over personal law till the country achieves Uniform Civil Code as provided in Article 44 of the Constitution. [16]

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Related Research Articles

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The Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion, gender and sexual orientation. Currently, personal laws of various communities are governed by their religious scriptures. Implementation of a uniform civil code across the nation is one of the contentious promises pursued by India's ruling Bharatiya Janata Party. Personal laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance. While Article 25-28 of the Indian Constitution guarantees religious freedom to Indian citizens and allows religious groups to maintain their own affairs, article 44 of the constitution expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.

The term pseudo-secularism is used to describe individuals who claim to be secular but may display biases towards a particular religion, whether consciously or unconsciously. This term has gained popularity in recent Indian politics, where it is often used to criticize individuals who identify as secular and advocate for minority rights while remaining silent or opposing concerns faced by the majority religion. Some Hindu nationalist politicians, who are accused of promoting communalism, employ this term as a counter-accusation against their critics, alleging that the secularism followed by the Indian National Congress and other parties is flawed or distorted.

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<span class="mw-page-title-main">Secular state</span> State or country without a state religion

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India since its independence in 1947 has been a secular state. The secular values were enshrined in the constitution of India. India's first prime minister Jawaharlal Nehru is credited with the formation of secular values in the modern history of the country.

Haj Committee of India (also known as Central Haj Committee (CHC)) is a statutory body of the Indian government which organises Islamic pilgrimages to Saudi Arabia. It was established under Haj Committee Act in 2002. The committee acts as a nodal agency for state haj committees and has 23 members, of which six are elected by state haj committees, four are ex-official, three are MPs, seven are nominated by the central government and the rest come from the state which sends largest number of pilgrims. India was provided with 1,36,200 pilgrims quota in 2016, out of which, 1,00,200 travels were said to be arranged by the haj committee. The committee distributes the allotted quota state-wise based on Muslim population density according to 2011 census.

<span class="mw-page-title-main">All India Muslim Personal Law Board</span> Indian non-government legal organization

All India Muslim Personal Law Board (AIMPLB) is a non-governmental organization in India that represents the interests of Muslims in matters of personal law. It was formed in 1973 with the objective of protecting and promoting the application of Islamic personal law among Muslims in India. The AIMPLB is primarily concerned with issues related to marriage, divorce, inheritance, and other personal matters governed by Islamic law, known as Shariah. The AIMPLB has been involved in various significant cases and debates, including those related to the Muslim Women Act, the Shah Bano case, and the Triple Talaq issue. It has also played a role in advocating for the preservation of Muslim personal laws and resisting attempts to introduce a uniform civil code in India.

<span class="mw-page-title-main">Haj subsidy</span> Subsidy given to Hajj pilgrims by Govt of India

The Haj subsidy was a subsidy based on religion that was given to Hajj pilgrims by the Government of India in the form of discounted air fare so that a pilgrim can fly to Mecca for Hajj. In post-colonial era, the Government of India enacted the program in 1959 with the Hajj Act. The subsidy initially applied to Indian Muslim pilgrims traveling for religious reasons to Saudi Arabia, Syria, Iraq, Iran and Jordan by road and by sea. Expanded Haj subsidy started in 1954, as an idea initiated by the then government, with flights between Mumbai and Jeddah. Additional flight legs were added over the years, and since 1984, all Haj traffic has been shared by Air India and Saudia, the national carriers of India and Saudi Arabia. The monopoly of these airlines had proven the most contentious point of the subsidy, with some claiming that the real beneficiary is Air India as the subsidy is actually a discount on an overpriced air fare. In the past, the Haj board used to call for a bid to fly these Muslims to Mecca; for many years, Saudi Arabia has been the lowest bidder. There were also requests by Muslims to withdraw subsidy, including from some Muslim Members of Parliament, since they believed it was unnecessary and provided poor quality service to Hajis. Since 2000, over 1.5 million Muslims have used the subsidy; since 2008, over 120,000 Indian Muslims every year made use of the subsidy. The Haj subsidy includes an airfare subsidy, as well as assistance to Muslim pilgrims for domestic travel to reach specially designed Haj departure airport terminals, meals, medical care and lodging assistance provided by the Government of India. The Indian government has created separate Haj air terminals for Muslim pilgrims for their convenience at major airports. The average airfare subsidy was about 73,526 (US$920) per Muslim pilgrim in 2008, while the average non-airfare financial assistance was 2,697 (US$34) per pilgrim. The total subsidy provided by the Government of India was US$1,815 per Muslim pilgrim in 2008. In a Central Haj Committee meeting in November 2017, it was decided that Haj subsidy would be completely phased out by 2018 and that the funds would be used for educational programmes, especially for girls in minority communities. On 16 January 2018, the Union minister for minority affairs confirmed that the Haj subsidy had been ended and that its funding would be used for educating girls from minority communities.

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<span class="mw-page-title-main">Rajeev Bhargava</span>

Rajeev Bhargava is a noted Indian political theorist, who was professor of political theory at the Jawaharlal Nehru University, Delhi. His works on political theory, multiculturalism, identity politics and secularism have evoked sharp debates.

<span class="mw-page-title-main">Secularism in Bangladesh</span> Overview of the secularism in Bangladesh

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Triple talaq and talaq-e-mughallazah are now-banned means of Islamic divorce previously available to Muslims in India, especially adherents of Hanafi Sunni Islamic schools of jurisprudence. A Muslim man could legally divorce his wife by proclaiming three times consecutively the word talaq.

All the Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act, 1937. This law deals with marriage, succession, inheritance and charities among Muslims. The Dissolution of Muslim Marriages Act, 1939 deals with the circumstances in which Muslim women can obtain divorce and rights of Muslim women who have been divorced by their husbands and to provide for related matters. These laws are not applicable in the state of Goa, where Goa civil code is applicable for all persons irrespective of religion. These laws are not applicable to Indians, including Muslims, who married under the Special Marriage Act, 1954.

<span class="mw-page-title-main">Secularism in the Philippines</span>

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References

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  2. "Rethinking Secularism: Refining the Concepts of "Public Religions," "Principled Distance" and the "Twin Tolerations"".
  3. Bhargava, Rajeev (2013). Secular States and Religious Diversity. Vancouver: UBC Press. p. 84. ISBN   978-0-7748-2514-6.
  4. "National Commission for Minorities".
  5. "Minority rights in India under Article 30 – a three part series". 2013-01-15.
  6. The Haj Committee Act, 1959 Government of India
  7. Press Information Bureau, "Hajj operation in India 2006" Archived 2011-11-14 at the Wayback Machine , December 2006. Retrieved 26 June 2009.
  8. Introduction Archived 2011-07-28 at the Wayback Machine Tamilnadu Wakf Board website.
  9. Ariff, Mohamed (1991). The Islamic voluntary sector in Southeast Asia. Institute of Southeast Asian Studies. p. 42. ISBN   981-3016-07-8.
  10. Gupta, K.R.; Amita Gupta (2006). Concise encyclopaedia of India, (Volume 1). Atlantic Publishers. p. 191. ISBN   81-269-0637-5.
  11. AIMPLB Home Page
  12. vakilno1.com. "The Muslim Personal Law (Shariat) Application Act, 1937". vakilno1.com. Archived from the original on 5 February 2012. Retrieved 13 February 2012.
  13. Lawrence, Bruce B (15 November 2007). On violence: a reader. Duke University Press. p. 265. ISBN   9780822337690 . Retrieved 13 February 2012.
  14. Narain, Vrinda B (24 May 2008). Reclaiming the nation: Muslim women and the law in India. University of Toronto Press. p. 93. ISBN   9780802092786 . Retrieved 13 February 2012.
  15. Gani, H. A. (1988). Reform of Muslim personal law: the Shah Bano controversy and the Muslim Women (Protection of Rights on Divorce) Act, 1986. Deep & Deep Publications. p. 65.
  16. "Supreme Court gives Muslims right to adopt a child | India News - Times of India". The Times of India . 19 February 2014.