The Right to Freedom of Religion, enshrined in Articles 25 to 28 of the Indian Constitution, guarantees individuals the liberty to profess, practice, and propagate their chosen faith. This fundamental right underscores India’s commitment to secularism and ensures equal treatment of all religions.

MEANING, DEFINITION & EXPLANATION

• Article 25: Grants every individual the freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, and health. This encompasses both the internal belief and external expressions through rituals and dissemination of religious tenets.

• Article 26: Affords religious denominations the autonomy to manage their own affairs in matters of religion, establish and maintain institutions, and administer property, again subject to public order, morality, and health.

• Article 27: Prohibits the imposition of taxes whose proceeds are specifically appropriated for the promotion or maintenance of any particular religion or religious denomination.

• Article 28: Restricts religious instruction in educational institutions wholly funded by the State, ensuring that attendance at religious worship or instruction is voluntary in State-recognized or State-aided institutions.

HISTORICAL BACKGROUND / EVOLUTION

The framers of the Indian Constitution were deeply influenced by the nation’s diverse religious landscape and the need to prevent religious conflicts. Drawing lessons from colonial history and communal tensions, they incorporated provisions to ensure religious freedom while maintaining state neutrality in religious matters. The inclusion of these articles reflects a commitment to secularism, where the state does not favor any religion and individuals are free to follow their conscience.

ESSENTIALS / ELEMENTS / PRE-REQUISITES

• Freedom of Conscience: The absolute inner freedom of an individual to mold their religious or non-religious beliefs.

• Right to Profess: Open declaration and acceptance of one’s faith.

• Right to Practice: Performance of religious rituals and customs.

• Right to Propagate: Transmission and dissemination of one’s religious beliefs to others.

LIMITATIONS AND RESTRICTIONS

While Articles 25 to 28 provide broad religious freedoms, they are not absolute and are subject to:

• Public Order: Practices that disturb public tranquility can be regulated.
• Morality: Actions deemed immoral by societal standards may be curtailed.
• Health: Practices detrimental to health can be restricted.
• Other Fundamental Rights: Religious freedoms should not infringe upon other constitutional rights.

CASE LAWS / PRECEDENTS

• The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt (1954): This case defined the scope of religious practices, distinguishing between essential and non-essential practices. The Supreme Court held that what constitutes an essential part of a religion is primarily to be ascertained with reference to the doctrines of that religion itself.

• Rev. Stainislaus v. State of Madhya Pradesh (1977): The Supreme Court upheld laws prohibiting forcible conversions, stating that the right to propagate does not include the right to convert another person against their will. The Court emphasized that Article 25 grants the freedom to propagate religion but does not grant the right to convert.

• S.R. Bommai v. Union of India (1994): The Court declared secularism as a basic feature of the Constitution, emphasizing that the State must treat all religions equally and that religion and politics should be kept separate.

DOCTRINES / THEORIES

• Doctrine of Essential Religious Practices: Established in the Shirur Mutt case, this doctrine determines which practices are fundamental to a religion and thus protected under Article 25. The Court held that the term “religion” will cover all rituals and practices integral to a religion.

MAXIMS / PRINCIPLES

• Secularism: The principle that the State has no religion and treats all religions equally, ensuring that religious groups do not interfere in governmental affairs and vice versa. This principle was reinforced by adding the word “secular” to the Preamble through the 42nd Amendment.

AMENDMENTS / ADDITIONS / REPEALING

• 42nd Amendment Act, 1976: Inserted the term “secular” into the Preamble, reinforcing the commitment to religious neutrality.

COMPARISON WITH OTHER COUNTRIES

Unlike the strict separation of church and state in countries like the USA, India’s model of secularism allows for state intervention in religious matters to ensure equality and reform. This unique approach aims to respect all religions while preventing discrimination and promoting social welfare.

GUIDELINES / RULES / REGULATIONS

The State can enact laws regulating or restricting any economic, financial, political, or other secular activities associated with religious practices. For instance, laws have been implemented to prohibit practices like untouchability and to promote social reforms within religious communities.

CUSTOMS / USAGE / TRADITIONS-BASED LAW

While customs and traditions are respected, they are subject to constitutional provisions. Practices that violate fundamental rights or public morality can be challenged and reformed. For example, the practice of triple talaq was declared unconstitutional in recent years.

STATISTICAL ANALYSIS / DATA ANALYSIS

India is home to a multitude of religions, with significant populations of Hindus, Muslims, Christians, Sikhs, Buddhists, and Jains.