Freedom of Religion, as outlined in Articles 25-28 of the Indian Constitution, forms a part of the Fundamental Rights guaranteed to every citizen. This has recently been underscored by the Tamil Nadu Government. This came in reply to a petition lodged in the Supreme Court concerning instances of forced conversion to Christianity in the state. The petitioner contended that forceful conversion violated their Fundamental Rights.
Highlighting the Case about Forceful Conversions
The petitioner called for an investigation by the National Investigation Agency (NIA) and Central Bureau of Investigation (CBI) into the cause behind a 17-year-old girl’s death in Tamil Nadu. Allegations were made that the girl had been forcefully converted to Christianity. The Tamil Nadu government countered that spreading Christianity by missionaries could not be deemed illegal as Article 25 of the Constitution guarantees citizens the right to propagate their religion. However, if such spread is against public order, morality, health, and other provisions of Part III of the Constitution, it should be treated seriously.
Understanding Freedom of Religion in India
Every citizen is entitled to the right and liberty to preach, practice, and propagate his chosen religion without fear of government intervention. The state expects this practice to be carried out peacefully within the country’s jurisdiction. With India being home to followers of various religions, it becomes crucial to protect rights related to every religion’s faith. According to Pew Research Centre 2021 data, around 4,641,403 people in India follow religions outside the six major ones – Hinduism, Jainism, Islam, Buddhism, Sikhism, and Christianity.
Secularism in India
The 42nd Constitutional amendment in 1976 added the word ‘secular’ to the preamble of the Constitution. As a secular state, India follows no particular religion. According to the Supreme Court judgment in Ahmedabad St. Xavier’s College v. State of Gujarat (1975), secularism means neither anti-god nor pro-god. It simply ensures that no one is distinguished on the basis of their religion, thus eliminating the concept of God in state matters.
Constitutional Provisions for Freedom of Religion
Article 25 imparts freedom of conscience and free profession, practice, and propagation of religion. Article 26 gives individuals the freedom to manage religious affairs. Article 27 sets freedom regarding payment of taxes for promoting any particular religion. Article 28 provides freedom concerning attendance at religious instruction or religious worship in certain educational institutions.
Secularism Comparison: India vs. US
While India adopts a ‘neutrality’ and ‘positive role’ approach towards religion, allowing the state to introduce religious reforms, protect minorities, and formulate religious policies, the US follows a ‘non-interference’ principle. The US state cannot take any action in religious matters.
Major Judicial Pronouncements on Freedom of Religion
Several judicial cases have influenced India’s stance on religious freedom. In Bijoe Emmanuel and Ors. v. State of Kerala (1986), the court ruled that expulsion of children refusing to sing the national anthem due to religious beliefs violated their fundamental rights and freedom of religion. In Acharya Jagdishwaranand v. Commissioner of Police, Calcutta (1983), Ananda Marga was determined not to be a separate religion, and performing Tandava on public streets was not an essential practice of the denomination. In Raja Birakishore v. State of Orissa (1964), it was held that the Jagannath Temple Act, 1954, managing Puri temple affairs, only regulated the secular aspect of seva puja, thus not violating Article 26.
Laws Restricting Religious Conversion
States like Karnataka, Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Odisha, Uttar Pradesh, and Uttarakhand have passed laws restricting religious conversion. In 2022, the Haryana State Assembly passed the Haryana Prevention of Unlawful Conversion of Religion Bill against religious conversion by allurement, coercion, or fraudulent means. Similarly, in August 2022, the Himachal Pradesh government passed the Himachal Pradesh Freedom of Religion (Amendment) bill, seeking to criminalise mass religious conversions.