Religion is a matter of personal faith and belief. It is an integral part of the identity and culture of millions of people in India. India is a land of diversity, where people of different religions coexist peacefully and harmoniously. The Constitution of India recognizes the importance of religion in the life of its citizens and guarantees them the right to freedom of religion under Articles 25 to 28. These articles are part of the fundamental rights that are enforceable by the courts.
In this article, we will discuss the meaning, scope, and limitations of the right to freedom of religion in India. We will also examine some of the landmark cases and issues related to this right.
What is Secularism?
Secularism is a basic feature of the Constitution of India. It means that the State has no official religion and treats all religions equally. It also means that the State does not interfere with the religious affairs of its citizens, nor does it favor or discriminate against any religion. Secularism ensures that every person has the right to profess, practice, and propagate any religion of his or her choice.
The word “secular” was added to the Preamble of the Constitution by the 42nd Amendment in 1976. However, even before that, the Supreme Court had held that secularism is an essential part of the constitutional scheme in several cases, such as S.R. Bommai v. Union of India.
Constitutional Provisions related to Right to Freedom of Religion
Here are the provisions related to freedom of religion in India as enshrined in Indian Constitution:
| Article | Description |
|---|---|
| Article 25 | Freedom of conscience and free profession, practice, and propagation of religion. This right is subject to public order, morality, and health, and does not include any secular activity associated with religion. |
| Article 26 | Freedom to manage religious affairs. This right is given to every religious denomination or sect to establish and maintain institutions for religious and charitable purposes, to manage its own affairs in matters of religion, to own and acquire movable and immovable property, and to administer such property according to law. This right is also subject to public order, morality, and health, and applies only to matters of religion. |
| Article 27 | Freedom from taxes for promotion of any particular religion. This article prohibits the State from levying any tax, the proceeds of which are specifically used for the promotion or maintenance of any particular religion or religious denomination. |
| Article 28 | Prohibition of religious instruction in State-aided institutions. This article prohibits any religious instruction in any educational institution wholly maintained out of State funds. It also provides exceptions for educational institutions that are administered by the State but established under any endowment or trust that requires religious instruction, or that are recognized by the State or receiving State aid. |
Article 25 – Freedom of Conscience and Free Profession, Practice, and Propagation of Religion
Article 25 guarantees every person the freedom of conscience and the right to freely profess, practice, and propagate any religion. This right is available to both citizens and non-citizens, and covers both religious beliefs and rituals.
However, this right is not absolute and is subject to public order, morality, and health. This means that the State can impose reasonable restrictions on this right if it is necessary to maintain public peace, morality, or health. For example, the State can prohibit animal sacrifice, child marriage, or untouchability on these grounds.
The State can also regulate or restrict any economic, political, or other secular activity associated with religious practice. For example, the State can regulate the collection and management of religious funds, or prohibit religious symbols in public places.
Moreover, Article 25 also empowers the State to make laws for social welfare and reform or for opening up Hindu religious institutions to all classes and sections of Hindus. The term “Hindus” here includes Sikhs, Jains, and Buddhists as well.
Some of the important cases related to Article 25
- A.S. Narayana v. State of Andhra Pradesh: The Supreme Court upheld a law that prohibited bigamy among Hindus on the ground that it was a social reform measure.
- The National Anthem Case: The Supreme Court held that singing the national anthem is not a religious practice and cannot be objected to on religious grounds.
- Ramesh v. Union of India: The Supreme Court allowed the telecast of a serial based on Hindu mythology on the ground that it was not a religious instruction but a cultural expression.
- N. Aditya v. Travancore Devaswom Board: The Supreme Court upheld the appointment of non-Brahmins as priests in Hindu temples on the ground that it was a social reform measure.
- Bhuri v. State of Jammu & Kashmir: The Supreme Court held that cow slaughter is not an essential part of Islam and can be banned by the State on public order grounds.
- Shifting property connected with religion: The Supreme Court held that shifting a mosque from one place to another does not violate Article 25 as long as it does not affect its religious character.
- Triple Talaq: Shayara Bano v. Union of India: The Supreme Court declared triple talaq as unconstitutional and violative of Article 25 as it was not an essential part of Islam and was against gender justice.
- Noise pollution in the name of religion: The Supreme Court held that using loudspeakers for religious purposes is not an essential part of any religion and can be regulated by the State on health grounds.
Article 26 – Freedom to Manage Religious Affairs
Article 26 gives every religious denomination or sect the right to establish and maintain institutions for religious and charitable purposes, to manage its own affairs in matters of religion, to own and acquire movable and immovable property, and to administer such property according to law.
This right is also subject to public order, morality, and health. It also applies only to matters of religion and not secular activities associated with religion.
A religious denomination or sect is a group of people who have a common faith, doctrine, worship, organization, and name. The Supreme Court has laid down some tests to determine whether a group is a religious denomination or not, such as in Bramchari Sidheshwar Bhai v. State of West Bengal.
Some of the important cases related to Article 26
- Azeez Basha v. Union of India: The Supreme Court held that the Aligarh Muslim University is not a religious institution established by Muslims and hence does not have the right to administer it under Article 26.
- Saifuddin Saheb v. State of Bombay: The Supreme Court upheld the validity of a law that abolished excommunication among the Dawoodi Bohra community on the ground that it was a social reform measure.
- Bira Kishore Dev v. State of Orissa: The Supreme Court upheld the validity of a law that took over the management of secular activities of a Hindu temple on the ground that it did not interfere with its religious affairs.
- Atheist Society of India v. Government of Andhra Pradesh: The Andhra Pradesh High Court held that breaking coconuts and performing pooja, chanting mantras and sutras in State functions is violative of Article 26 as it amounts to State patronage of a particular religion.
Article 27 – Freedom from Taxes for Promotion of Any Particular Religion
Article 27 prohibits the State from levying any tax, the proceeds of which are specifically used for the promotion or maintenance of any particular religion or religious denomination. This article ensures that no person is compelled to pay for the support of a religion that he or she does not believe in.
However, this article does not prevent the State from spending money for the general welfare of all religions or for secular purposes. For example, the State can provide grants to religious institutions for education, health, or social services.
Article 28 – Prohibition of Religious Instruction in State-Aided Institutions
Article 28 prohibits any religious instruction in any educational institution wholly maintained out of State funds. This article ensures that no person is subjected to any religious indoctrination by the State.
However, this article does not apply to educational institutions that are administered by the State but established under any endowment or trust that requires religious instruction. In such cases, no person attending such institutions can be compelled to take part in any religious instruction or worship without his or her consent.
This article also does not prevent any person from receiving religious instruction or attending religious worship in any educational institution recognized by the State or receiving State aid.
Some of the important cases related to Article 28
- D.A.V. College v. State of Punjab: The Supreme Court held that teaching Guru Nanak’s teachings in a college affiliated to a university established by law is not violative of Article 28 as it is not religious instruction but secular education.
- Aruna Roy v. Union of India: The Supreme Court held that education for value development based on all religions is not violative of Article 28 as it is not religious instruction but moral education.
Conclusion
The right to freedom of religion is a fundamental right that protects the dignity and diversity of every person in India. It also promotes secularism and tolerance among different religions. However, this right is not absolute and can be regulated by the State for valid reasons.
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