The Problematic Nature of Religious Autonomy to Minorities in Democracies – The Case of India's Muslims

This chapter focuses on the ambivalent effect of religious autonomy in India and the outcome for democracy in the country. The Indian constitution guarantees autonomy to its religious minorities, and it promises minorities the freedom independently to manage their religious affairs, as well as a proportional share of the state's budget in religious affairs. However, although they have tried, the state's legal and political institutions have not interfered thus far with Muslim marriage and religious laws. Muslims are committed to the Sharia while Hindus must obey the state's civic laws. There are many social divisions in India, including ethnic, linguistic, regional, caste–based, and religious. The Indian Constitution therefore guarantees many rights – such as civil rights and the right to equality – that often clash with the personal laws upheld by the separate religious communities. The question of whether the world's religious systems, including Hinduism and Islam, are compatible with democracy is discussed in length in the academic literature.