Article 25 of the Indian Constitution guarantees the freedom of conscience and right to profess, practice and propagate religion to all citizens. However, there has been a renewed debate on the scope and limitations of this Article given some conflicting court judgments and cases around forced religious conversions and anti-conversion laws.
Understanding Article 25
- Article 25 is part of the fundamental rights enshrined in Part III of the Constitution.
- It guarantees freedom of conscience and right to freely profess, practice and propagate any religion to all citizens subject to certain restrictions.
- The objectives behind Article 25 were to provide religious freedom and secularism post-partition.
Key Aspects & Exclusions
Secularism
- Article 25 espouses the concept of secularism implying equal treatment of all religions by the state without any discrimination.
Right to Propagate
- It includes the right to propagate one’s religion meaning right to spread and transmit religious ideas through speech, teaching, preaching etc.
Exclusion of Economic & Political Spheres
- It excludes secular activities associated with religion like administration of property, commercial activities, running of institutions, political rhetorics, etc.
Grounds of Restriction
- It permits states to make laws imposing restrictions on grounds of public order, morality, health and other similar provisions.
Debate on Scope of Propagation
Concerns Around Religious Propagation
- There are apprehensions around the scope of ‘propagation’ which could allow forcible or fraudulent means like inducements to convert weaker social groups.
- This can allegedly spark communal disharmony disturbing public order and security.
Conflict with Anti-Conversion Laws
- 7 states have anti-conversion laws restricting religious conversions by force, fraud or inducement. But these potentially violate right to propagate guaranteed under Article 25.
- For instance, a Himachal Pradesh court ruling in 2022 cited Article 25 to legalize voluntary conversions while striking down provisions of the state’s anti-conversion law.
Clarifications by Supreme Court
Upholding Anti-Conversion Laws
SC has upheld the constitutional validity of anti-conversion laws in multiple rulings (Stanislaus VS State of Madhya Pradesh, 1977) citing grounds like:
- Article 25 right is not fundamental right to convert
- Laws only curb forced conversions preserving freedom of conscience
However these were not consistent with more recent interpretations.
Recent Affirmations of Propagation Rights
- In 2022, SC reinforced propagation rights remarking “Article 25 has no limits except those narrowly tailored to meet the Article’s objectives” while hearing ‘anti-love jihad’ law.
- Similarly in the Tehseen Poonawala case (2018), SC directed curbs only against forced conversions leaving voluntary conversions out of anti-conversion laws’ purview.
Implications for Freedom of Religion
Risk of Restricting Rights
- If right to propagate religion itself gets severely restricted through amendments or judgments, it can substantially shrink the ambit of religious freedom granted under Article 25.
Need for Prudent Interpretation
- Thus experts opine for retention of propagation rights albeit under reasonable restraints around fraudulent or forcible means only. General prohibition on conversions due to political reasons may be untenable legally.
Upholding Freedom of Choice
- As per constitutional experts, upholding individual liberty and freedom to exercise religious choices without undue influence from any quarter should guide interpretation of Article 25.
Recent Instances Impacting Religious Freedom
| Incident | Implication on Article 25 |
| Demand for NRC along religious lines | Risks selective exclusion and denial of citizenship only on religious considerations violating principles of equality and secularism enshrined in Article 25. |
| Incidents of communal violence over processions, places of worship | Systematic attacks motivated by religious identities of groups undermine the atmosphere of tolerance, non-discrimination and harmony required to nurture freedom granted under Article 25. |
| Arrests over social media posts, creative expressions based on accusations of offending religious sentiments | Excessive curbs on individual freedom beyond reasonable restrictions permit speech, creative expressions mentioned under Article 19 that don’t incite violence or provoke unrest. |
| Attacks on inter-faith couples under purported concerns over ‘love jihad’ | Romantic choices voluntary in nature lie outside the scope of anti-conversion laws as per recent court pronouncements. Article 25 grants protection based on religion not other identities. |
| Campaigns advocating economic boycott over religious considerations | Any state measure or societal mobilization attempting economic exclusion or discrimination purely along religious lines is at odds with the equality provision under Article 25. |
While Article 25 forms the cornerstone of religious freedom and propagation rights in India, its progressive interpretation consistent with individual choice and liberty remains key to preserve its spirit and purpose.
- Experts have noted that the promise of freedom under Article 25 needs vigilant public institutions and civil society to ensure its unfettered availability to all citizens alike as outlined in the Constitution.
- Reasonable constraints should serve to enrich, not diminish the existence of a vibrant diversity of faiths protected equally under its scope.
