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India is a secular country with the Right to Freedom of Religion as one of its most important fundamental rights. Every Indian citizen has the right to profess, practise, and propagate any religion they choose. This right is protected under articles 25-28 of the Indian Constitution. In this article, we will take a closer look at these articles and discuss their implications for individuals and religious institutions in India.
What is the right to freedom of religion?
The right to freedom of religion means that every individual has the right to practice and follow the religion of their choice. This right is enshrined in articles 25-28 of the Indian constitution.
Define Secularism as per the Indian constitution
The preamble of our constitution in clear words states that the shall doesn’t have any particular religion of its own and hence all the religion shall be protected and given due respect. The word secularism was included in the constitution as per the 42nd Amendment Act 1976.
In the famous case of SR Bommai v/s Union of India (1918) the Supreme Court asserted that secularism is a part of basic structure of the constitution and hence cannot be amended. The constitution does not provide any definition of basic structure but it has been well illustrated through the judicial decisions.
Legal provision of Right to freedom of religion
Articles 25-28 of the Indian constitution talk about the right to freedom of religion. Let’s discuss them one by one.
Article 25 provides freedom of religion to all people, however subject to public mortality, order, health, and morality. It states that every person has a right to profess, practise, and propagate their religion. This article declares that the Right to freedom of religion is a fundamental right.
Article 26 provides freedom to manage religious affairs. It includes building temples, maintaining institutions for religious and charitable intents. and also managing the religious ceremonies.
Article 27 prohibits the imposition of taxes on grounds of religion. It states that no person shall be compelled to pay any taxes for the promotion of a particular religion.
Article 28 provides for freedom to attend religious instruction in certain educational institutions. It states that it completely depends upon the individual’s will whether to receive the religious instructions provided in the educational institutions or not. It is not mandatory and they can waive it if it goes against their religion.
Thus, we see that the Right to Freedom of Religion is a fundamental right guaranteed by the Indian Constitution. It is subject to public order, health and morality. Every person has the right to profess, practise, and propagate their religion keeping in mind the public tranquility.
Judicial Decision based on the right to freedom of religion
Bijou Emmanuel v/s State of Kerala (called as National Anthem Case): In this case, three children of a school did not sing the national anthem, however, they stood during the anthem. The principal of the school expelled them for disrespecting the national anthem. The Kerala High court held that the right to freedom of religion under Article 25 is a fundamental right and it includes the Right not to sing the National Anthem. The right to freedom of religion is a fundamental right that cannot be infringed.
M Ismail Faruqi v/s Union of India: The apex court, in this case, stated that mosques are not important to Islam and no person can be forced to offer namaz there. The court said that a person cannot be forced to enter a mosque and offer namaz. It can be offered anywhere and at any place.
Shayara Bano v/s Union of India: This is a landmark case in which the apex court of the country held that the practice of Triple Talaq is unconstitutional and violative of different Articles including 21, 15, and 14 of the Indian Constitution. The five-judge bench by a majority of held that the Triple Talaq is not an essential part of Islam and therefore, it is unconstitutional. Consequently, the practice of Triple Talaq was banned in India.
Hasan Ali v/s Mansoor Ali: The court, in this case, held that articles 25 and 26 of the constitution give every person the Right to Freedom of Religion. This includes the right to profess, practise, and propagate religion. The court further held that this right is subject to public order, morality, and health.
Conclusion
In a nutshell, it can be said that the religion of an individual is one of the important aspects of claiming identity. As we know that India is a diverse country, having different cultures, religions, it becomes the burden of the law-making body to protect the culture, beliefs of all religions. The right to freedom of religion is given under Article 25-28 of the Indian constitution. These articles along with the judicial pronouncement signify how one can freely practise, propagate and profess the religion of your choice subject to certain limitations. This article deals with the meaning, provisions, and related case- laws on the right to freedom of religion.
