This article has been written by Geethika Yamalapalli, 2nd Year, NARSEE MONJEE INSTITUTE OF MANAGEMENT STUDIES, NAVI MUMBAI.
According to religious practices, a foetus begins its life in a religious womb and dies. Isn’t it fascinating how life binds each of us to a circle of some kind of faith or belief that we diligently and zealously practice? However, do we Indians have the right to practice, propagate, and profess the religion of our choice, or are we born into it? Or is what the projector shows us on the screen what it is?
Let us be open about the real problems our nation faces. A well-known illustration of recent religious conflict in India is the Babri Majid case decision 2019 (1), which addressed the Ram Janmabhoomi controversy. When a group of Hindu nationalists destroyed the Majid in 1992, the conflict over religious practice began, and it continued until 2019. Before going into greater detail, let us first discuss the definition of the term “religion.”
Religion is referred to as SANATANA DHARMA (2) in Sanskrit, which also means “everlasting rule.” Hinduism was established approximately 5000 BC, making it one of the world’s earliest organised religions. The Vedas, Upanishads, and Bhagavad Gita are the three most important Hindu scriptures. These writings have been subject to several religious and cultural interpretations. Religion is regarded as a study of the soul and is one’s personal philosophy and way of life. It is about ethics and values that influence how people live their lives. SARVA DHARMA ABHAV, as Gandhi ji defined secularism, entails equality for all religions.
The concept was first proposed by Swami Vivekananda and Ramakrishna, but Mahatma Gandhi made it popular. Religion is a set of organized beliefs and behaviour’s that are shared by a community or group. It’s more of an individual discipline and deals with finding peace and purpose in life. It also has to do with how one learns to connect with others and what life is all about.
Religions, on the other hand, are cultural and historical systems that evolve over time. Faith, on the other hand, is a unique, individual experience that only one person has. Through the sharing of faith, individuals can begin to accept and believe procedures, deities, or objects; however, faith is frequently a much more limited concept than religion. In a broad sense, religion is the belief that God is the one who leads and rules people in a positive way.
Like how the king believed he was doing nothing wrong in front of the democrats and government, people believe religion is a path to God. Religion is utilized as a device to arrive at the public since strict people have various practices that periodically unexpectedly outrage disciples of different religions, bringing about riots. The MYTH that worshiping and following God is all there is to it is busted when the REALITY of religious freedom in contemporary society becomes contentious.
Hindus make up 79.8 percent of India’s population, according to the 2011 census, followed by Muslims (14.2 percent), Christians (2.3 percent), Sikhs (1.7 percent), and Parsis (2.3%). Jammu and Kashmir, Lakshadweep, West Bengal, Telangana, Kerala, Uttar Pradesh, Bihar, and the union territories of Uttar Pradesh, Bihar, and West Bengal all have large Muslim populations.
Christians are more numerous in the North East, Kerala, Goa, and Tamil Nadu, whereas Sikhs are more numerous in the Punjab and Haryana regions. Even if we are allowed to practise, scammers use names from religions. Like the “Sex Tantra” camp that was seized during Navratri, the SSS (Satyam Shivam Sundaram) foundation’s proposal to hold a three-day, two-night training in Pune on September 17, 2022, was seen as an insult to Hindus and their gods. Societal strife over religious practice is not new; however, leaders have been igniting riots for millennia to further their own avaricious dominance.
- THE CONSTITUTION.
The right to profess, practice, and disseminate one’s beliefs under the supervision of public policy is guaranteed by Articles 25–28 of the constitution. This means that exercising our freedom should not be detrimental to one’s beliefs. India has the greatest democracy in the world because of its diversity of religions, cultures, and races. Consequently, the state and religion are fundamentally distinct. People cannot be subjected to religious discrimination by the state.
In the 1954 case known as “Shirur Mutt,” a bench of seven Supreme Court justices coined the term “essentiality.” Disparities between men and women are not the only types of discrimination that are discussed; Discrimination based on caste, sex, place, and race are also included. The court decided that the definition of “religion” encompasses all rites and behaviour’s that are deemed “integral” to a religion, which includes both mandatory and optional actions.
- RELIGIOUS CONVERSION.
Ten of the 28 states have passed laws that outlaw or severely punish religious conversion. Himachal Pradesh, Rajasthan, Uttar Pradesh, Chhattisgarh, Madhya Pradesh, Jharkhand, Gujarat, Uttarakhand, Arunachal Pradesh, and Odisha are among the states that prohibit conversion. In order to avoid inciting religious passion in any class, the Indian Penal Code of 1860 prohibits intentional and malicious acts meant to offend someone’s religion or beliefs. According to UCF (United Christian Forum), an NGO, 29 Christians were imprisoned in three states on suspicion of forcing or fraudulent religious conversions in locations where such conversions are prohibited. Conversion is permitted in the remaining Indian states if:
It should not be free of compulsion or conversion with consent when it comes to fraud.
It should not be invalidated if it is not against public policy and should not be misrepresented if it follows the legal processes.
The phrase “Secular” was added to the preamble by the constitution (42nd amendment) Act of 1976. It implies that the state is impartial toward religion, protecting every religion without interfering with any of them. Secularism entails learning about, respecting, and every religion.
- RELIGIOUS TEACH IN EDUCATION.
In the case of Aruna Roy v. Union of India (6), it was determined that teaching religion in schools does not violate the constitution’s secular concept. Because of this, Article 25 fully protects the teaching of Sanskrit, Urdu, Punjabi, Kannada, and other languages in schools.
If there is no immoral activity and it does not conflict with national policy, even religious institutions can operate for the protection of their minorities. Because yajna poses the question of how we can make the world a better place, it plays an important role in human life. As a result, the saints, sages, and seers continued to practice it for the king’s health and for the benefit of humanity. However, they did not teach their children the fundamental and spiritual values.
- WOMEN AND EQUALITY.
The task of the new Supreme Court bench was to strike a balance between the Right to Freedom of Religion and other rights protected by the Constitution, particularly the definitions of “essential religious practise” and “constitutional morality” found in the Right to Equality. women entering the Sabarimala temple.
Because this is a “landmark case,” the Supreme Court constitution bench of five members has decided to refer the Sabarimala temple case (7) and three other unsolved matters involving women’s religious liberties to a larger bench of seven judges. The 4:1 rule that prohibited women and girls between the ages of 10 and 50, particularly menstrual women, from visiting the renowned Ayyappa shrine in Kerala was overturned by the Supreme Court on September 28, 2018, by a majority ruling. According to its conclusion, the traditional Hindu religious practice violated both Articles 14 and 25 of the Constitution.
Temple keepers contend that women of menstrual age are not permitted to offer prayers because the local deity, Ayyappa, is celibate and Hindus believe that the power of the menstrual cycle will cause the God’s ideal to die. However, in consideration of women’s rights in India, the landmark decision protecting Hindu women’s rights was issued by the constitution. escorting Muslim women into mosques. In April 2019, the highest court granted Muslim women permission to enter mosques through the main door and into the “musalla,” or main prayer hall.
- POLITICS AND RELIGION.
Religion is frequently incorporated into daily life by politicians. For instance, our first prime minister, Shri Jawaharlal Nehru, successfully negotiated with Jinnah to prevent future conflicts between Hindus and Muslims, and as a result, the Congress Party was able to achieve a secular India after independence. The current Congress administration, on the other hand, frequently uses religious sentiments to advance their shifting political goals.
Preconceived ideas based on gender, colour, ethnicity, culture, etc. Discrimination in employment, education, and particularly in public spaces is also against the law. India has effectively adopted universal suffrage for all citizens, irrespective of their religious affiliation. The Supreme Court of India determined in S.R. Bommai v. Union of India (1994) that secularism is the essential feature of the constitution when it has a positive content and the state is neutral, not pro-religious nor anti-religious.
I believe that India has enough laws and penalties to manage each religion, but weak political behaviour prevents this. After accounting for atheists, the remaining religious society views religion as the most crucial principle to uphold. Everything that would annoy them would violate the constitution. There are fundamental principles that are shared by Christians, Muslims, and Hindus alike. Even though riots take place within the country, they have an impact on the nation, so it is important for people to respect and comprehend all religions. Conversion and the incorporation of politics into religion are the only current issues.
REFERENCES
1.M Siddiq Thr Lrs v. Mahant Suresh Das & Ors.
2. Acharya Dharma Pravartaka Sanatana Dharma
3. Pandey J.N. Constitutional Law of India
4. 1954 Air 282, 1954.
5.India-jails-30-christians-on-charges-of-forced-conversion-as-persecution mounts/https://hindutvawatch.org/
6. AIR 2002 SC 3176
7. Indian Young Lawyers Association and Ors. vs. The State of Kerala and Ors SCC
8. 1994 AIR 1918, 1994 SCC, JT 1994 (2)215, 1994 SCALE.
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