Constitutional Secularism Under Siege: An Examination of Hindutva Influence in Modern Bharat (India)

Abstract

Bharat’s (India) constitutional commitment to secularism is facing unprecedented challenges due to a systematic weaponization of law by the government of the Bhartiya Janata Party (BJP), influenced by Hindutva ideology. This article analyzes the ideological foundations of Hindutva and its impact on legislation. It explores key legal developments, such as the citizenship law, state-level anti-conversion laws, and other discriminatory legislation towards religious minorities. By documenting a few instances of targeted violence against religious minorities to analyze such laws, the article underscores the growing religious polarization and marginalization of religious minorities in Bharat. Although these issues are severe, mainstream media and academic discourse frequently refrain from addressing them, largely due to concerns over potential repercussions from the ruling establishment. This research fills this critical gap by exposing the systematic weaponization of Hindutva-driven discriminatory laws and their efforts to undermine constitutional secularism by undermining religious freedom, a core constitutional principle. Furthermore, the article calls for urgent legal and policy interventions to safeguard Bharat’s constitutional secularism against majoritarian dominance and protect the rights of all religious communities.