The right to Freedom of religion is one of India’s most significant fundamental rights as a secular nation. According to the Indian constitution, everyone has the right to constitutional religious freedom, which is why it must be protected. Each and every Indian citizen is free to profess, practice, and propagate any religion they desire. Articles 25-28 of the Indian Constitution guarantee this right. In this article, we’ll explore these articles in more detail and talk about how they can affect Indian citizens and religious organizations.
What is the Right to Freedom of Religion in India?
The right to freedom of religion means that every person has the ability to practice and adhere to any religion they want. Religious organizations as well as people in India are guaranteed the right to freedom and religion under the country’s constitution. Given that India is a varied nation with many various cultures and religions, it falls on the legal system to safeguard the traditions and values of all major faiths. Articles 25-28 of the Indian constitution guarantee the freedom of religion. These articles and the decisions made by the court explain the principles under which an individual is allowed to practice, spread, and proclaim the religion of his choice.
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What is Secularism?
The preamble of the constitution of India states clearly that all religions must be safeguarded and accorded the respect they deserve because it does not have any particular faith of their own. In accordance with the 42nd Amendment Act of 1976, the word secularism was incorporated into the Constitution. However, even without this amendment, secularism was an inherent nature of the Indian Constitution. In a Secular State, the State is concerned with the relation of man to man only and not with the relation between man and God. The right to religion constitution means Secularism. Secularism is in the Preamble of the Constitution and it secures all its citizen’s liberty of thought, belief, faith, and worship.
In the famous, S.R. Bommai v. Union of India (1994 SC) case, the Supreme Court has held that secularism is a basic feature.
In M. Ismail Faruqui v. Union of India (1994 SC), popularly called the Ayodhya Case the Supreme Court after a detailed discussion has summarised the true concept of secularism under the Constitution. There is no religion in the State. Secularism is widely described in Articles 25 to 28, and these articles protect the right to Freedom of Religion. The concept of secularism is like the nature of the right to equality.
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Indian and Western Models of Secularism
1. Western Model:
- Complete separation of State and Church, originating from the French Revolution.
- No interference between government and religious institutions.
2. Indian Approach:
- Equal distance maintained from all religions, but positive engagement is practiced.
- State supports educational institutions of religious minorities.
- Government administers some Hindu temples and provides assistance.
3. Positive Engagement in India:
- Religious minorities have the right to establish educational institutions, aided by the State.
- Hindu temples are governed by the State, with the establishment of temple administration boards and the Waqf Board.
4. Pluralism in Indian Society:
- India’s diverse society fosters pluralism.
- Various religious groups have coexisted harmoniously for centuries.
Article 25 (Freedom of conscience and free profession, practice, and propagation of religion)
Article 25 (1) provides “every person has the freedom of conscience and the right to profess, practice and propagate religion”. This right is subject to public order, peace, morality, and health so it’s not an absolute right.
According to Article 25 (1), a person has two-fold freedom:
a) freedom of conscience
b) freedom to profess religion, its practice, and propagation.
- The freedom of conscience is the completely inherent freedom of the citizen to choose and produce his own relationship with God in whatever manner he likes.
- To profess a religion means to declare with freedom one’s own religious thoughts, beliefs, etc.
- To practice, religion means to perform essential religious duties, rights, or rituals. It signifies acts done in pursuance of religious beliefs.
- To propagate means to spread one’s religious view to others. But, The right to propagate religion does not give a right to any person to convert another person’s religion by coercion or by any other illegal means.
Article 25 guarantees freedom of religion to every citizen and not only to a particular religion. There is no such right for an individual to convert another person’s religion by any means. It’s one’s own decision to choose religion. Case: Rev. Stanislaus v. State of Madhya Pradesh (1977 SC)
Restrictions on the Freedom of Religion
1. Freedom of religion is subject to public order morality and health
No act can be done against public order, morality, and health of the public, in the name of religion. Also untouchability or traffic in human beings, e.g. system of Devadasis, etc.
Acharya Jagdishwaranand Avadhuta v. Commissioner of Police, Calcutta (popularly known as the Ananda Marga case, 1984 SC)
2. Regulating or restricting economic, financial, political, and secular activities related to religion
Article 25(2) (a) clarifies that the freedom of practice extends only to those activities which are essential to maintain the dignity of religion.
3. Social Welfare and social reforms
Article 25 (2) (b) empowers the States to make laws for social welfare and social reform. Social immoral activities can’t be practiced in the name of god or in the name of religion. Under this sub-clause, the State is empowered to throw upon all Hindu religious institutions of a public character to all classes and sections of Hindus. The right of Sikhs to carry Kirpans is recognized as a religious practice but this does not mean that a Sikh can keep any number of Kirpans. He is entitled to keep one only.
Article 26 (Freedom to Manage Religious Affairs)
Article 26 has the following right for religious freedom:
- To establish the institution and its maintenance for religious and trust purposes.
- To maintain and manage its own matters of religion.
- To own and acquire property whether movable or immovable.
- Administration of properties for religious activities with the provisions of law.
The right guaranteed by Article 25 is a right of an individual person while Article 26 guarantees the right of an organized body.
Bramchari Sidheswar Shai v. State of West Bengal (1995 SC). popularly known as the Ramakrishna Mission Case.
- Right to freedom to establish and administration of Institutions for religious purposes: Under Article 26(1) (a) every religious individual has the right to establish and maintain institutions for their religious purposes.
- Right to manage matters of Religion: Under Article 26 (1) (b) a religious organization or trust is free to manage its own religious matters. The State cannot interfere in the exercise of this right unless it does anything violative or illegal to public order, health or morality.
- Right to administer property owned by denomination: Article 26 (1) (c) & (d) states religious denomination has the right to possession of the property and to administer such property in accordance with the law.
Article 27 (Freedom from Payments of Tax for the Promotion of any religion)
Article 27 provides that a person cannot be forced for taxation on the promotion or maintenance of any particular religion. This Article shows the secularism of the State. The tax collected by the public in such a way cannot be spent by the state for the promotion of any particular religion.
India is a secular state and freedom of religion is guaranteed to individuals and also to groups. It is to be noted that what this Article prohibits is the levying of taxes and fees. Tax is a common binder and the only return that the taxpayer gets is a participation in the common benefits of the State.
Article 28 (Freedom as to attendance at religious instruction or religious worship in certain educational institutions)
According to Article 28(1), no religious instruction shall be provided in any such educational institution which is maintained and regulated by State funds.
Article 28 refers to four types of educational institutions:
- a) Institutions completely maintained by the State,
- b) Institutions recognized by the State,
- c) Institutions that are receiving aid out from the State fund.
- d) Institutions that are not established by the state but are administered by the State.
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FAQs on Right to Freedom of Religion in India (Articles 25-28)
1. Why is freedom of religion a right?
The right to practice one’s religion in a peaceful, open environment is protected by religious freedom. It safeguards their right to be authentic at work, in the classroom, and during social interactions. This is why, freedom of religion human rights is considered a right.
2. Explain freedom of religion in India?
According to Article 25 (Conscience-freedom and the free exercise, professing, and propagation of religion), all citizens have the right to the freedom of conscience, as well as the freedom to proclaim, practice, and spread their religion. The above-mentioned liberties are constrained by morality, public health, and public order.
3. What is an example of religious freedom?
Religious freedom may include the freedom to practice one’s religion openly, to express his/her beliefs in public, and to engage in religious activity. Without a compelling reason, public officials cannot prevent someone from practicing religion.
4. What is the importance of right to freedom of religion in India?
The freedom of conscience, professing, practicing, and spreading any religion is guaranteed to all citizens of the nation by Article 25 of the Indian Constitution. This article’s provision is not absolute. If there is a violation of the public’s morals, health, or order, the state is empowered to take a specific action.
5. What are the limitations of freedom of religion?
Religious freedom is guaranteed by the constitutions of many nations, although most of these nations’ laws also include restrictions on how this right may be exercised. Most of these rights are curtailed in the name of “general welfare,” “morality,” “health,” “public order,” “other people’s rights,” etc.
6. Right to freedom of religion short note.
The right to freedom of religion guarantees individuals the freedom to choose, practice, and propagate their religion. It includes the freedom to worship, assemble, and manage religious affairs without interference, ensuring religious tolerance and diversity in society.
7. Religious rights examples
- Freedom of Worship: The right to practice any religion or belief openly.
- Religious Assembly: The right to gather and worship collectively.
- Religious Expression: The freedom to express one’s faith publicly.
- Religious Education: The right to impart and receive religious teachings.
- Non-Discrimination: Protection against religious discrimination in various aspects of life.
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