A Critical study of Secularism in Nepal being based on The Constitution of Nepal 2072
Political Theories and Thoughts
Abstract
In simple meaning, Secularism means a position that a religious belief shouldn't influence public and governmental decisions. Nepal for the first time in 2063, magh 1st was declared as a secular state. The interim constitution of Nepal 2063 part 1, article 4, sub-article 1 says that Nepal is an independent, indivisible, sovereign, secular, inclusive and a fully democratic state. Likewise, part 1, article 4 of the constitution of Nepal 2072 describes the word 'secular' as a religious, cultural freedoms including protection of religion, culture handed down from the time immemorial, which is the main issue of debate in the present context. The objective of this research is to understand what secularism is and to know how it is implemented in Nepal. In this paper, the author will be dealing with the basic concepts of secularism, its formation, and practice in the context of Nepal. And the author will be importantly focusing on the application of Secularism as described in The Constitution of Nepal 2072. The secondary sources are used in this paper.
Introduction
The term 'secular' as defined in The Blacks Law dictionary means; not spiritual, not ecclesiastical: relating to affairs of the present world. In political terms, secularism is a movement towards the separation of religion and government. This refers to reducing tie between a government and a state religion, replacing laws based on scriptures with civil laws, and eliminating discrimination on the basis of religion. Secularism is a tool for protecting the rights of religious minorities.
Some of the well-known states which are often considered "constitutionally secular" are USA, France, India, Mexico, South Korea, and Turkey although none of these nations has identical forms of governance. Secularism is not about curtailing religious freedoms, it is about ensuring that the freedom of thoughts and conscience apply equally to all the religious groups. Secularism protects free speech and expression. Religious people have the right to express their beliefs publicly but so do those who oppose or question their beliefs.
George Holyoke's 1896 Publication English Secularism defines secularism as Secularism is a code of duty pertaining to this life founded on considerations of purely human, and intended mainly for those who find theology indefinite or inadequate, unreliable or unbelievable. Holyoake held that secularism and secular ethics should take no interest at all in religious questions and was thus to be distinguished and from strong freethought and atheism. The people of different religions are equal before the law.
The article 18 of 1948 UDHR defines the term 'secularism' as;
1. Secular spirit or tendency, especially a system of political or social philosophy that rejects all forms of religious faith and worship.
2. The view that public education and other matters of civil policy should be conducted without the introduction of a religious element.
This article says that everyone has the right to freedom of thoughts, conscience, and religion; this right includes freedom to change his/her religion or belief, and freedom either alone or in community with others in public or private, to manifest his/her religion or belief in teaching, practice, worship, and observance.
The sub-article 1 of article 18 of 1966 ICCPR says that "everyone shall have the right to freedom of thought, conscience, and religion. This right shall include freedom to have or to adopt a religion or belief of his/her choice and freedom, either individually or in community with others and in public or private, to manifest his/her religion or belief in worship, observance, practice, and teaching.
Nepal since its existence has been recognized as a Hindu kingdom mainly guided by Hindu religion, Buddhism and Kirant religion. The Gospels who were the first dynasty of the then Nepal were Hindus and the second dynasty called as Mahispals were also the Hindu origins. Both of the dynasties were guided by the ancient Hindu laws. The Kirants were the nature worshippers. Again the Licchavis who came from India were also Hindu originated. We do not see any other religions that were followed except the Hinduism and Buddhism somehow. The Mallas, The Ranas and The shahs also were the Hindus and in these every dynasty, the Hindu laws guided the then society. The constitution of Nepal 2005 B.S also made a provision that Nepal would be the Hindu Kingdom. Until the people's movement 2062/63, Nepal was recognized as Hindu kingdom but in 2063 B.S (2007 A.D), it was declared a secular state.
Since 2007 A.D, Nepal has been looking to a temporary constitution that was created at the end of the civil war. Parties disagreed over the details of the constitution as to whether or not Nepal should be s Hindu or a Secular nation. The argument dragged on for years until the disastrous April 25 earthquake which brought on the decision to establish a new, permanent constitution. Hindu activists marched through streets and clashed with police demanding the country be declared a Hindu nation. Around 40 people have died in the violence including 11 policemen and a child. Voting took place and despite activists' violent protests, only 21 lawmakers in the 601 seats constituent assembly voted in support of making the country a Hindu nation once again.[1] But despite their hard effort in making Nepal a Hindu country, Nepal was declared a secular state.
In Nepal, the legal provision relating to secularism was made for the first time in the Interim Constitution of Nepal 2063. The sub-article 1 of article-4 of the interim constitution of Nepal 2063 mentions that Nepal is an independent, indivisible, sovereign, secular, inclusive and a fully democratic state. From this explanation, we clearly understand that secularism was positively implemented in Nepal after the Interim Constitution was made. Article-23 of the Fundamental rights of The Interim Constitution of Nepal 2063 includes right to religion where its sub-article 1 mentions that every person shall have the right to profess, practice and preserve his/her own religion as handed down to him/her from ancient times having due regards to the social and cultural traditional practices. Provided that no person shall be entitled to convert another person from one religion to another, and shall not act or behave in a manner which may jeopardize the religion of others. This provision does not discriminate any of the religious groups rather it encourages to protect his/her own religion as handed down to him/her from ancient times. People are free to choose their religions and also they are prioritized to protect their own religion. This created religious harmony between different religious groups and it created equality among the different religious groups. If they were not free to protect their religion alone then there would not be religious diversity in Nepal because those religions could not exist if they were not protected. In this regard, the Interim Constitution has provided equal rights to protect the religions of each group.
In 2072, a new constitution was made. But the new constitution could do no better than the Interim Constitution. The meaning of Secularism has changed in the Constitution of Nepal 2072. In fact, the secularism concept has been narrowed in this constitution. The article-4 of part 1 of the Constitution of Nepal 2072 says that Nepal is an independent, indivisible, sovereign, secular, inclusive, democratic, socialism oriented, federal democratic republican state.
The term 'Secular' here is defined as religious, cultural freedoms, including protection of religion, culture handed down from the time immemorial. This explanation is a narrower concept. Actually Secular means the separation of religion from state. But this article defines secular as religious and cultural freedoms including the protection of religion and cultures handed down from the time immemorial. Here Secularism has nothing to do with the protection of religion and culture handed down from the time immemorial on the one hand and on the other hand, 'protection of religion and culture handed down from the time immemorial' suggests the protection of religion which has been practiced since a very long time ago. This indicates the protection of mainly Hindu religion, and then Buddhism somehow. But don’t the other religious groups exist here? Should not their religions be protected?
Nepal is well known to the world for its different diversities like cultural, lingual, geographical, religious and ethnicity. Although people belong to the different ethnic groups, cultural backgrounds, religions, they all have been living together in harmony and respect with each other. Yes, our constitution has given freedom to choose the religion people like. But yet it's not enough because every religious group who are in minority in number feel they are discriminated by the state. The majority group will always suppress the minority groups. The state should never discriminate people on the basis of their religion in fact.
The 'we' feelings in people reduce because of the religious hierarchy. When the state prioritizes on the protection of a particular religion, then the other religious groups do not interact with the religious groups of the majority. The minorities may be scared to express and accept their religion freely. So, slowly and gradually, the unity among different religious groups reduces as a result of which the 'we' feelings reduces.
The majority religious group which has been prioritized by the state try to rule over the minorities and they try to impose their laws on the minorities. This will lead to conflict between the different religious groups. Then increases the chaos in the society as a result of which the entire nation will be suffering from disintegration.
"No one can convert another person from one religion to another". It doesn’t qualify the verb 'convert' by adding the adverbs 'by force or allurement', but simply imposes a blanket ban on all activities and expressions that can potentially be deemed as attempts to convert. This could effectively outlaw preaching of the tenets of religion to people of other faiths, which is the violation of religious freedom and freedom of expression.[2]
Analysis/conclusion
Nepal has made such a progressive improvement regarding the constitution. Comparing to the past, it has made a lot of changes in the constitution with regard to the change in society and the demand of the modern society. But it could not, however, include the equality between the different religious groups as it has only mentioned about the protection of the cultural and religious freedoms handed down from the time immemorial excluding the protection of religion and cultures of the other religious groups. Thus the term 'secularism' and 'protection of religious cultural freedoms handed down from the time immemorial' are the two different things which cannot be made synonyms of each other. Therefore, Article-4 of part-1 of the constitution of Nepal 2072 B.S is contradictory and it should be amended.
· Table of Abbreviations
UDHR = Universal Declaration of Human Rights
ICCPR = International Covenant on Cultural and Political Rights
· Table of statutes
Article 18 of the UDHR, 1948
Article 18 of ICCPR
Article 49(1) of part 1 of the Interim Constitution of Nepal 2063 B.S
Article 4 of part 1 of The Constitution of Nepal 2072 B.S
Bibliography
- Brown Richard,https://onemorebrown.com/2008/07/31/secular-ethics-vs-religious-ethics
- Holyoake, George Jacob,1817-1906, English Secularism; a confession of belief
- Arora, Vishal, thediplomat.com/2015/08/should-nepal-be-secular/?
- Gyawali,Dipak,www.spotlightnepal.com/news/article/-Nepali-Secularism-and-its-discontents/volume:05:05 no.-11 Dec.09-2011(mangsir 23,2068
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