Freedom of religion allows individuals to choose and practice their faith. It includes the right to preach and propagate one’s beliefs. This freedom is protected from government interference. Citizens can express their faith without fear.
Importance
India is a diverse nation with multiple religions. According to Pew Research Centre (2021), over 4.6 million people follow religions outside the six major faiths. This diversity necessitates protection of religious rights. Securing these rights encourages harmony among various communities.
Secularism in India
Secularism was added to the Constitution of India in 1976. The term means that the state does not favour any religion. The Supreme Court has clarified that secularism does not imply anti-religion. It aims to ensure equality irrespective of faith.
Constitutional Provisions
The Constitution of India guarantees freedom of religion under Articles 25 to 28. These articles outline specific rights related to religious practice.
- Article 25: Guarantees freedom of conscience and the right to profess, practice, and propagate religion.
- Article 26: Allows religious denominations to manage their affairs.
- Article 27: Prevents compulsory payment of taxes for promoting any religion.
- Article 28: Regulates religious instruction in state-funded educational institutions.
Secularism – India vs. USA
India adopts a neutral and positive approach to religion. The state can introduce reforms and protect minority rights. In contrast, the USA maintains a principle of non-interference, where the state cannot act in religious matters.
Judicial Pronouncements
Several landmark cases have shaped the understanding of religious freedom in India.
- Bijoe Emmanuel v. State of Kerala (1986): Expulsion of students for not singing the national anthem violated their religious rights.
- Acharya Jagdishwaranand v. Commissioner of Police (1983): The court ruled that Tandava dance is not essential to Ananda Marga.
- M. Ismail Faruqui v. Union of India (1994): Mosques are not essential for Islam; prayer can occur anywhere.
- Raja Birakishore v. State of Orissa (1964): The Jagannath Temple Act regulated secular aspects without violating Article 26.
Global Context
Freedom of religion is a fundamental right internationally. Article 18 of the Universal Declaration of Human Rights supports this right. It is similarly enshrined in the International Covenant on Civil and Political Rights.
Article 25 Explained
Article 25 ensures every individual has the right to freedom of conscience. It applies to both citizens and non-citizens. The article includes specific provisions for Sikhs and Hindus, allowing them to be interpreted broadly.
Limitations of Article 25
Rights under Article 25 are not absolute. They are subject to public order, morality, and health. The state can regulate religious practices associated with secular activities. It can also promote social welfare and reform.
Article 26 Explained
Article 26 grants religious denominations rights to manage their affairs. They can establish institutions for religious and charitable purposes. This includes the right to own property and administer it according to the law.
Limitations of Article 26
Similar to Article 25, the rights under Article 26 are limited by public order, morality, and health.
Article 27 Explained
Article 27 prohibits compulsory payment of taxes for religious promotion. Individuals cannot be forced to contribute financially to any specific religion.
Article 28 Explained
Article 28 regulates religious instruction in state-funded institutions. No religious instruction is permitted in entirely state-maintained schools. However, exceptions exist for institutions established under specific trusts.
Supreme Court Judgments
The Supreme Court has played important role in interpreting religious freedom. Various cases have established the doctrine of essentiality.
- Shri Shirur Mutt Case (1954): Defined ‘religion’ to include integral rituals.
- Mohd. Hanif Quareshi v. State of Bihar (1958): Cow sacrifice was deemed non-essential in Islam.
- Durgah Committee, Ajmer v. Syed Hussain Ali (1961): Only essential practices receive protection.
Recent Judicial Developments
Recent cases have further defined the scope of religious freedom.
- Shayara Bano v. Union of India (2017): Triple talaq was declared unconstitutional.
- Sabarimala Temple Case (2018): The Supreme Court upheld women’s right to enter temples, challenging traditional restrictions.
Limitations on Religious Freedom
While freedom of religion is a fundamental right, it is not absolute. Reasonable restrictions apply for public order, morality, and health.
Doctrine of Essentiality
The essentiality doctrine determines which religious practices receive constitutional protection. The Supreme Court adjudicates on what constitutes essential practices.
Conflict with Other Rights
Religious freedom may conflict with other fundamental rights, such as equality and life. The Sabarimala case illustrates this conflict regarding women’s rights.
State Intervention
Debates continue on the extent of state intervention in religious matters. Issues like the Right to Wear Hijab highlight the balance between religious expression and institutional policies.
Balancing Rights and Public Order
The Ram Janmabhoomi-Babri Masjid dispute showcased the challenge of balancing religious sentiments with public order. The Supreme Court’s decision aimed to resolve this conflict while accommodating legal claims.
