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Expanding Secularism's Scope: An Indian Case Study

Expanding Secularism's Scope: An Indian Case Study SEVAL YILDIRIM* INTRODUCTIO N Since September 11, 2001 , th e relationship between religion and world politics has become a most contested issue, especially in the context of developing nations. Disagreements about the role of relig­ ion in the new nation's laws constituted a major delaying factor in the drafting of th e Afghani constitution. Similar disagreements remain a major obstacle to conflict resolution in th e re-building efforts in Iraq. Most of th e debates on law and religion refer to examples of secular structures in th e United States or Europe. Perhaps India, th e largest democracy with the oldest constitution in the developing world, may have more to offer to other emerging nations grappling with the is­ sue. In this paper, I attempt to define and re-define secularism and propose that secularism can find different expressions in different contexts. Specifically, I look at India where a constituent assembly elected by and representative of th e people wrote a constitution that creates legal and political space for a progressive secular ideal. In Par t I, I look a t various meanings of th e concept of secularism. I then discuss how secularism developed in the Christian European http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Expanding Secularism's Scope: An Indian Case Study

Yildirim, Seval
American Journal of Comparative Law , Volume 52 (4) – Oct 1, 2004
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Publisher
Oxford University Press
Copyright
© 2004 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/4144469
Publisher site
See Article on Publisher Site

Abstract

SEVAL YILDIRIM* INTRODUCTIO N Since September 11, 2001 , th e relationship between religion and world politics has become a most contested issue, especially in the context of developing nations. Disagreements about the role of relig­ ion in the new nation's laws constituted a major delaying factor in the drafting of th e Afghani constitution. Similar disagreements remain a major obstacle to conflict resolution in th e re-building efforts in Iraq. Most of th e debates on law and religion refer to examples of secular structures in th e United States or Europe. Perhaps India, th e largest democracy with the oldest constitution in the developing world, may have more to offer to other emerging nations grappling with the is­ sue. In this paper, I attempt to define and re-define secularism and propose that secularism can find different expressions in different contexts. Specifically, I look at India where a constituent assembly elected by and representative of th e people wrote a constitution that creates legal and political space for a progressive secular ideal. In Par t I, I look a t various meanings of th e concept of secularism. I then discuss how secularism developed in the Christian European

Journal

American Journal of Comparative Law – Oxford University Press

Published: Oct 1, 2004

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