Fattore religioso, diritto e normazione in India, Pakistan e Bangladesh

Religious factor and rule of law in India, Pakistan and Bangladesh

Abstract

Religion is a key element that characterizes the constitutional systems of the Indian subcontinent. In India, Pakistan and Bangladesh, religion influence the state. In a comparative perspective, in Pakistan the Islamic religion is an element that has determined the separation from India and has influenced the constitutional process of an Islamic-oriented state with ambiguities and contradictions that undermine the rights of religious minorities. In Bangladesh, the Constitution initially established a secular state but later the constitutional system recognized Islam as a "state religion". This contradiction has in fact complicated the protection of the religious minorities in a Secular Nation. In India, the ameliorative secularism is a pillar of the Indian nation-state and it presents the characteristics of a symmetrical, multicultural and evolutionary secularism. Indian secularism is protected and encouraged by the Indian Supreme Court which recognizes the active approach to equality between religions in the Hindu nationalist trends. Indian secularism is a constitutional principle founded on the value of fraternity. Today the fraternity is a possible "road map" for the Western legal tradition for to win the crisis of the Westphalian state model and to overcome the challenges of the multicultural society.