Secularism's Others: The legal regulation of religion and hierarchy of citizenship

Abstract

The chapter sets out two contrasting models of secularism – one that is based on equal treatment of religion and the other which is based on complete separation between religion and the state. I demonstrate how these apparently competing models are both based on a religious majoritarianism and use the constitutional discourse of secularism as a method to target religious minorities. Using a comparative analysis of the workings of secularism in India and France, I illustrate how it emerges as a mechanism for directing religious minorities, in particular Muslims, to assimilate to the claims of the majority faith, and simultaneously cast those who refuse to do so as belligerent and a threat. Focusing my discussion on the constitutional challenges to Muslim women’s rights regarding divorce in India, as well as the veil bans in France, I highlight how the fact that these religious minorities are citizens of India and France respectively, does not automatically entitle them to recognition as fully belonging. Faith becomes a basis for rendering the “other” as in a state of constant