This article has been written by Ms. Vaaghdevi, a student studying B.A.LLB from Damodaram Sanjivayya National Law University, Visakhapatnam. The author is a 1st-year law student.
Introduction
One of the first and most significant basic rights is the freedom of religion, which has long been recognised. Religion is an issue of religion or belief. The right to freedom of religion is guaranteed under Articles 25 to 28 of the Indian Constitution, which acknowledges the significance of religion in Indian society. Islam, Hinduism, Jainism, Buddhism, Sikhism, and Christianity are the primary religions practised by Indians. There are laws in India that are particular to several religions, and Goa is the only state with the Goa Civil Code, which is a Uniform Civil Code. The Constitution encourages religious peace, which implies that Indians have a positive attitude towards the many religions practised in the nation.
.Freedom of Religion Under Indian Constitution:
Every citizen has the freedom and right to teach, practise, and spread the religion of his or her choosing. This right offers the chance to share it with everyone without worrying about government interference. The state does, however, also require that it be practised civilly within the boundaries of the nation. In terms of ethnicity, religion, creed, caste, and community, India is a diverse country. India is neutral, unbiased, and impartial when it comes to practising one’s religious views. Our Indian Constitution guarantees that no citizen is denied the freedom to practise and declare their faith.Section III of our Indian Constitution provides and guarantees a number of essential rights. Freedom of religion is one of them, and it is guaranteed under Articles 25 to 28 of the Indian Constitution. Every person of India has the freedom to practise the religion they want because their country is secular.
Constitutional Provisions
Articles 25-28 of the Indian Constitution guarantee the right to freedom of religion to all citizens who all are residing within the territory of India.
1.Freedom of conscience and free profession of religion.( Article 25)
2.Freedom to manage religious affairs (Article 26)
3.Freedom from payment of taxes for promotion of any particular religion( Article 27)
4.Freedom to attend religious instructions ( Article 28)
Article 25
Freedom of conscience and free profession, practice and propagation of religion
(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law
(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus
Explanation I: The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion
Explanation II :In sub clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly
In the case of Mohd . Hanif Quareshi v State of Bihar wherein it was claimed by the petitioner that the sacrifice of the cows during Bakr- id was an essential part of hi religion but this argument was rejected by the courtas the sacrifice of cow on the Bakri-Id day was not an essential part of the Mohammedan religion and hence could be prohibited by State under clause (2) (a) of Article 25.
Article 26
Freedom to manage religious affairs Subject to public order, morality and health, every religious denomination or any section thereof shall have the right
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law
In Durgah Committee Ajmer v. Syed Hussain Ali the Supreme Court observed that if the religious denomination never had the right to administer property or if it has lost its right then such right cannot be created under Article 26 and therefore cannot be invoked.
The Supreme Court in the case of State of Rajasthan v. Sajjanlal Panjawat observed that even though the state has the power to administer or regulate the properties of a trust, but it cannot by law take away the right to administer such property and vest it in such other authority that does not even comprise the denomination. This would certainly amount to a violation of Article 26(d) of the Constitution.
Article 27
Freedom as to payment of taxes for promotion of any particular religion No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religions denomination
In the case of L. T .Swumiar v Commr. H.R.F . Madras,wherein it was held that even if a tax is imposed on persons belonging to a particular religion, in order to meet the expenses of that particular religion, such tax is void.
Article 28
Freedom as to attendance at religious instruction or religious worship in certain educational institutions
(1) No religion instruction shall be provided in any educational institution wholly maintained out of State funds
(2) Nothing in clause ( 1 ) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution
(3) No person attending any educational institution recognized by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto Cultural and Educational Rights
In the case of RobasaKhanum vs. Khodabad Irani it was held that the conduct of a spouse who converts to Islam has to be judged on the basis of the rules of justice equity and good conscience.
In the case of Sarla Mudgal V. Union of India, it was held that conversion to any other religion by either one or both the spouses is not at all a ground to have the marriage dissolved.
Conclusion:
Religion is an essential part of human life. It has a crucial role in influencing people’s thoughts. Particularly in Indian society, religion is a crucial factor in determining how people behave and behave themselves. Indians are quite territorial when it comes to their faith, and if someone attempts to impede that, they become vigilant. It is essential to behave properly while using this privilege in order to prevent any sort of future danger. In terms of religious diversity, India is the most varied nation As a secular nation, it does not have a state-sponsored religion, and each individual is free to select, practise, share, and even change their faith. However, the constitution imposes some limitations on these rights, thus they are not unqualified. No one is allowed to act in a way that violates state policy, causes unrest, or fosters intolerance among Indians in the name of their faith.
References:
- 1958 AIR SC 731.
- 1952 AIR Mad. 613.
- 1947 AIR Bom 272.
- 1995 AIR SC 1531.
- 1961 AIR 1402.
- 1975 AIR 706
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