Topic-Fundamental rights-right to freedom of religion

One of the most significant of these fundamental rights is the Right to Freedom of Religion embedded in the Articles from 25 to 28. It guarantees freedom to practice and promote religion to each and every citizen as well as religious groups in India in accordance with health, public order, morality and other distinctions.  

Types of fundamental rights as guaranteed by the constitution of India:

There are six fundamental rights enshrined in our Constitution. These are:

• • Right to Equality (Article 14-18) 
  • Right to Freedom (Article 19-22) 
  • Right against Exploitation (Article 23-24)

• Right to Freedom of Religion (Article 25-28)

• Cultural and Educational Rights (Article 29-30)
• Right to Constitutional Remedies (Article 32)

Significant features of the fundamental rights

1. There are certain characteristic features of the Fundamental rights which differentiates it from other articles of the Constitution.
2. Indian citizenship acts as an important determining factor for enjoying some of the rights like Article 15, 16, 19, 29 and 30.
3. Though they have been guaranteed by the Constitution, fundamental rights are not absolute in nature. There are certain reasonable restrictions which can be imposed on certain rights with regard to the provisions of the constitution. 
4. Fundamental rights ensure individual freedom as well as social control and stability in the country.
5. These rights entail certain negative aspects due to which it might impose certain limitations on the government.
6. All the fundamental rights are justifiable in the court of law. 
7. Some of the provisions of the fundamental rights can be amended or nullified by the parliament if it fails to abide by the constitutional structure.
8. The parliament of India is the supreme body which has the power to implement the fundamental rights in practice.

Right to freedom of religion (Article 25-28)

Part three of the constitution comprises the articles from 25 to 28 guaranteeing the freedom of religion in India, each of which needs to be discussed separately.

Article 25 (Freedom of Conscience and Free Profession, Practice and Propagation of Religion)

According to article 25 of the Indian Constitution, the state ensures freedom to all citizens to profess, practice as well as propagate any religion subject to public order, health and morality.

Article 26 (freedom to manage religious affairs)

Article 26 of the Constitution ensures that all the religious denominations present in the country have the power to enjoy certain rights. These are:

• Right to develop and manage religious institutions as well as those involving charitable works.
• Right to exercise sovereignty in case of one’s own religious affairs 
• Right to possession of property, both movable as well as immovable.
• Right to lawfully administer such properties. 

Article 27 (freedom as to payment of taxes for promotion of any particular religion)

Article 27 states that the state shall not engage in providing any kind of taxes for the promotion and development of any religion or religious denomination.

Article 28 (freedom as to attendance at religious instruction or religious worship in certain educational institutions)

As documented in Article 28 of the Constitution, the state should allow the practice and preaching of religious instructions in educational institutions which are autonomously maintained by religious groups.

However, the state upholding the idea of Secularism should not indulge in providing religious instruction in state-run educational institutions.

Example of an important judicial judgements on freedom of religion

• Bijoe Emmanuel and OR’s. v/s State of Kerala

In the above-mentioned case, three children belonging to a sect of Jehovah’s Witnesses had been suspended from their educational institution as they refused to sing the national anthem stating it to be against their beliefs and faith. The court gave a verdict that such a suspension on such grounds is completely against the freedom of religion. 

Significance of right to freedom of religion

India is a hub of religious diversity. The six important religions of the country are Hinduism, Jainism, Islam, Buddhism, Sikhism and Christianity though there are certain other religions which are practiced in India. In such a state characterized by people from diverse religious affiliations, it can often lead to religious intolerance and conflict. So, it becomes absolutely imperative to safeguard and protect the rights and beliefs of each and every religious faith present in the country. The state should allow people to peacefully live and act in accordance with their own system of religious beliefs.  Hence, the Indian Constitution recognizes India as a secular state which means the country does not practice any specific religion. The 42nd Constitutional amendment act of 1976 added the word ‘secular’ to the Preamble. 

Conclusion

Though the Indian Constitution upholds equal protection to all religions, the recent trends of judicial judgments have raised the question whether it is really necessary to prove the constitutionality of a certain religious practice which does not in any way harm the majority of the population. Hence, the state has to ensure that it upholds its secular nature and allows the peaceful practice of every religious custom.