A Controversial Verdict on the Uniform Civil Code and the Changing Landscape of Secularism in India

In 2024, the state of secularism in India is under pressure, marked by a controversial Supreme Court ruling on the Uniform Civil Code (UCC) and the aftermath of national elections. While the Bharatiya Janata Party continues to push for a Hindu nationalist agenda, the need for coalition governance has introduced a more complex political dynamic. Despite challenges like communal violence and eroded human rights, organizations such as the Association for Protection of Civil Rights (APCR) are actively advocating for religious freedom and minority rights, offering hope for an inclusive and pluralistic future.

rules on marriage and divorce still mostly fall under religion-based laws

In October 2024, India's Supreme Court issued a controversial ruling on the proposed Uniform Civil Code (UCC), reigniting debates around secularism and religious politics. The UCC aims to create a common legal framework for all Indian citizens, regardless of religion, governing issues like marriage, divorce, and inheritance. While proponents argue that it ensures equality and justice, critics see it as a direct challenge to India's secular fabric, which protects the right of each community to maintain its personal laws.

The ruling has sparked protests across the country, especially in Muslim-majority areas, where fears about the erosion of religious freedom have led to widespread demonstrations. Civil society groups and human rights organizations, including HfHR, have raised concerns about the ruling’s impact on minority rights, warning that it could further marginalize already vulnerable communities. These developments come in the wake of the 2024 national elections, which saw a significant shift towards Hindu nationalist politics, intensifying the tension between majoritarian governance and India's secular identity.

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Elections and a New Era of Coalition Politics

The 2024 national elections have reshaped the political landscape of secularism in India, introducing a more complex era of coalition politics. While the Bharatiya Janata Party (BJP) remained a dominant force, it fell short of a clear majority, resulting in a coalition government that included smaller regional parties. Unlike previous years when the BJP had a more absolute grip on power, the need to govern alongside other parties—many of whom hold different perspectives on issues like religious freedom and caste-based policies—has brought new dynamics into play.

A Muslim voter shows her index finger marked with an indelible ink after casting her vote in the sixth round of polling in India's national election in Prayagraj on May 25, 2024 [Rajesh Kumar Singh/AP Photo]

This shift has led to a more inclusive form of governance, where regional parties have been able to advocate for secular values and minority rights more openly within the coalition. The alliance has created opportunities for dialogue and debate on policies affecting religious minorities. For example, some coalition partners have resisted the hardline rhetoric and actions associated with the Hindu nationalist agenda, providing a counterbalance that has softened certain stances, such as those regarding Muslim representation in state and central government schemes.

The result is a political environment where secularism is still contested but not as one-sided as before. The presence of coalition partners has tempered some of the BJP's majoritarian impulses, forcing a more nuanced approach to governance. This shift has been seen as a positive development by many observers who believe that it offers a chance to reaffirm India's pluralistic traditions while balancing the concerns of Hindu voters who have been a core part of the BJP’s support base.

Though challenges remain, this new coalition era suggests that there is still space for dialogue and compromise in Indian politics, offering a pathway towards a more inclusive and secular future. The evolving political dynamics indicate that while the BJP remains influential, it no longer holds absolute sway, creating room for voices that emphasize constitutional values and human rights in India.

Human Rights and Indian Constitution Under Pressure

A crucial aspect of this shift is its impact on human rights and the Indian Constitution. The Constitution of India enshrines secularism and equal protection for all religions, yet recent actions by the government have raised concerns about the dilution of these principles. The Citizenship Amendment Act (CAA) remains a significant point of contention. In 2024, the Supreme Court of India dismissed petitions challenging the CAA, a move that many critics see as undermining constitutional protections for Muslim communities.

Furthermore, the judiciary’s role in addressing caste-based discrimination has come under scrutiny. The courts have increasingly aligned with the government's stance, raising fears about the erosion of judicial independence—a cornerstone of democratic India. As the judiciary has historically served as a check on executive power, its perceived alignment with majoritarian politics has serious implications for human rights in India.

Post-Election Violence and Religious Freedom

The period following the 2024 elections has witnessed a spike in incidents of violence against religious minorities, reflecting the fragile state of secularism and religious freedom in India. In states like Uttar Pradesh, the practice of bulldozing homes following communal clashes has continued, disproportionately affecting Muslim families. These actions, which echo earlier instances from 2022 and 2023, have intensified in the aftermath of the elections, pointing to a pattern of state-sanctioned discrimination.

The violence in Manipur, involving clashes between Meitei Hindus and the predominantly Christian Kuki community, is another critical example. The central government's response to this crisis has been criticized as slow and ineffective, revealing a concerning lack of commitment to the human rights of marginalized communities. These events highlight the precarious position of religious minorities in India and raise serious questions about the government's adherence to the principles of secularism and human rights as outlined in the Indian Constitution.

The Role of Civil Society in Protecting Secularism

Amidst these challenges, civil society organizations and interfaith groups have continued to play a crucial role in defending secularism and human rights in India. One such organization is Association for Protection of Civil Rights (APCR), which has gained recognition for its work in promoting legal advocacy and community support for marginalized groups. APCR has been instrumental in providing legal aid to victims of communal violence and those facing discrimination under controversial laws like the Citizenship Amendment Act (CAA). Their efforts emphasize the importance of rule of law and constitutional rights, and they work to build alliances across religious and social divides. By organizing community forums and offering legal literacy programs, APCR fosters solidarity and empowers individuals to advocate for justice and equality, helping to create a more inclusive vision of India..

However, the environment for civil society has become increasingly hostile. Journalists and human rights activists who criticize the government's policies often face harassment, arrests, or restrictions under laws like the Foreign Contribution Regulation Act (FCRA). This crackdown on dissent has limited the ability of civil society to advocate for human rights and secular values, further constraining the space for religious freedom in India.

Will it be a Fragile Future for Secularism?

As India moves forward, the future of secularism remains uncertain. While the political landscape is dominated by Hindu nationalist narratives, there are still pockets of resistance. Progressive state governments, such as Tamil Nadu and Kerala, have taken a firm stand against the central government’s policies, emphasizing social justice and inclusivity. Their efforts represent a critical counter-narrative to the majoritarian agenda and offer hope for those who believe in a secular India.

The battle over secularism in India is not merely a political struggle; it is a deeply cultural one, touching on how India’s diverse communities understand themselves and their place within the nation. As civil society and human rights organizations continue their efforts, the resilience of India's secular fabric will be tested in the years to come.

The State of Secularism in India in 2024: A Human Rights Perspective

A Controversial Verdict on the Uniform Civil Code and the Changing Landscape of Secularism in India

Elections and a New Era of Coalition Politics

Human Rights and Indian Constitution Under Pressure

Post-Election Violence and Religious Freedom

The Role of Civil Society in Protecting Secularism

Will it be a Fragile Future for Secularism?

Further Reading and Resources

Become a Member

The State of Secularism in India in 2024: A Human Rights Perspective

A Controversial Verdict on the Uniform Civil Code and the Changing Landscape of Secularism in India

Elections and a New Era of Coalition Politics

Human Rights and Indian Constitution Under Pressure

Post-Election Violence and Religious Freedom

The Role of Civil Society in Protecting Secularism

Will it be a Fragile Future for Secularism?

Further Reading and Resources

Caste System in India and Its Representation in Popular Cinema

Become a Member