Author: Sameeksha Ashok Puthran
Institute Name: KES’ Shri Jayantilal H. Patel Law College
Introduction
India is a country with many religions and it’s different from other countries because religion is treated very seriously here. It is a diverse place where people of different faiths live together in peace. The Indian Constitution says that the country is secular and it gives people the right to practice their religion freely. However, sometimes people misuse their religious rights in a way that hurts the rights of others. Having many religions in the country doesn’t always lead to harmony.
Religion in India
Religion and India have always gone hand in hand. It has shaped society in many ways—politically, culturally, socially, morally, and economically. The people here are very different, but they are also very devoted to their own beliefs and faiths. Hinduism is the biggest religion, followed by Islam, then Christianity, Buddhism, Sikhism, and Jainism. This wide range of religions has a big effect on how society works today. Religion often plays a central role in arguments, conflicts, and tensions in the country.
India’s society has always welcomed different religions and groups with respect. It is home to many major world religions, which is why the country has a rich religious history that makes its people proud. Even the British divided India’s history into periods based on religion—Ancient, Medieval, and Modern—linked to Hindu, Mughal, and British rule. For centuries, religion has been a key part of India’s identity.
Secularism
India’s Constitution says it is a “Secular State,” which means it does not have an official religion. Secularism is a basic part of our Constitution. It protects all religions but does not interfere with any of them. This form of secularism is different from the American idea of secularism. The Indian state is not against religion or for religion, and it is not against God. Just because the state allows religion does not mean it is a religious or theocratic country. This is probably why the right to freedom of religion is a key and inseparable part of our Constitution. No one should be allowed or justified in interfering with another person’s religious beliefs. The idea of a secular state was added by the 42nd Amendment Act.
Right to religion
Article 25
Article 25 of the Indian Constitution gives people the basic right to freedom of religion. This right encapsulates other rights like the freedom to follow, practice, and spread their religion. However, this freedom can be limited if it affects public order, morality, or health. This means people can practice their religion, but it should not disturb society or harm others.
Article 25 also makes a difference between religious activities and non-religious activities connected to religious groups.
The government can control or limit non-religious activities that are linked to religious practices, like social reforms, economic work, or other things that are not directly related to religion. It also allows religious groups or parts of them to take care of their own religious matters, such as setting up and running religious places, as long as they follow other laws and do not break public order.
Article 26
Article 26 gives people the freedom to take care of their religious matters, but this freedom is limited by public order, morality, and health.
Article 26(a) says that every religious group has the right to set up and keep running religious or charitable institutions.
Article 26(b) gives every religious group the right to take care of its own religious affairs.The government can’t get involved in these matters unless it affects public order, morality, or health.
Article 26(c) provides the right to own property to every religious group. The group can own and acquire both movable and immovable property. The government can make laws to control the property of a religious group.
Article 26(d) encompasses the right to manage property in agreement to the law. The government can control how the religious group manages its property. However, the government can’t completely take away the right to manage this property from the religious group.
Article 27
Article 27 ensures that people are not compelled to pay taxes to help promote or keep any specific religion or religious group. It supports the idea that the government should treat all religions equally and not use public money to support one religion over others. The goal of Article 27 is to keep the country secular, meaning the government stays neutral and doesn’t favor any religion with public funds. This helps ensure that taxpayer money isn’t used to support a particular religious cause, which protects everyone’s freedom to believe in whatever religion they choose and keeps things fair for all citizens.
Article 28
Article 28 is regarding the freedom of religion in schools. It protects the rights of people, religious groups, and schools when it comes to teaching religion, holding religious worship, and taking part in religious ceremonies.
In schools that are fully paid for by the government, no religious teaching can happen.This helps keep government-run schools secular, meaning they don’t teach religion.
In schools that are not fully paid for by the government, religious teaching can take place.But only if the parents or guardians agree. Students can choose whether or not they want to take part in religious lessons. Also, students of a particular religion can join in religious worship or religious activities that the school offers.
The main goal of Article 28 is to make sure government-funded schools stay secular and to let people follow their own religious choices or decide not to take part in religious activities.
Restrictions on freedom of religion
Religious freedom is allowed but must not break public order, morality, or health. Articles 25 and 26 mention these limits. Certain actions, like showing someone’s body in a bad way, treating people as untouchable, human trafficking, or the Devadasi system, are not acceptable and can be challenged in court. These are not allowed to be defended as part of religious belief. This freedom also follows other rules in the Constitution that protect other basic rights. It does not let anyone be forced to change their religion.
Social welfare and social reforms are also covered.Under Article 25(2)(b), the government can make laws to help society. These laws can help remove harmful traditions and beliefs that stop the country from growing.
Rights that are infringed in the name of Freedom of Religion
Freedom of Speech and Expression
Article 19 (1)(a) of the Constitution gives citizens the right to freedom of speech and expression.These two rights, freedom of religion and freedom of speech and expression, are often in conflict these days. As people connect through the internet and share their views, this platform has also become a space for conflicts and hate. Some argue that under the name of freedom of religion, people are trying to limit others’ freedom of speech.
Recent cases like the comedian Munawar Faruqui and ex-BJP spokesperson Nupur Sharma have made this debate even more intense. There is a difference between free speech and hate speech, but we need to know how to separate the two. The right to speech does not allow one to offend others. The offended can peacefully protest or use the law, but they cannot take matters into their own hands.
Right to Equality
The right to equality means everyone should be treated equally. But many ancient texts and scriptures promote inequality, especially gender inequality with regard to women. This is common among most religions. Although society is becoming more modern, such things still happen. With people becoming more educated, things have improved somewhat. But in some places, widows are made bald, menstruating girls are not allowed to enter temples or take part in religious ceremonies, women are mutilated in the Bohra community.
In 2018, the Supreme Court opened the Sabarimala Temple in Kerala to women of all ages. As a result, nearly 50 review petitions were filed with the Supreme Court, citing Articles 25 and 26. Even after that, it is still difficult for women and children to enter the temple.
Is Politics Connected To Religion?
Right to Life and Personal Liberty
Article 21 of the Constitution guarantees right to life and personal liberty. In recent years, religious freedom has caused tensions amongst communities due to frequent religious violence and communal riots which divide the country. In all this, the right to life and personal liberty is violated. The seeds of communal differences and hatred were planted by the British and worsened by the partition. Hindu-Muslim riots alone have claimed thousands of lives and destroyed people’s properties.
Conclusion
Religion is the most important aspect of most Indians, and many people around the world also consider religion a big part of their lives. The right to freedom of religion is a basic human right, but it is subject to some reasonable restrictions. India is the most diverse country in the world when it comes to religion. As a secular country, India does not have an official religion, and every citizen has the right to choose, practice, preach, and even change their religion. However, these rights are not absolute. They come with certain restrictions as outlined in the constitution. No one should use religion to do anything that goes against public policy, causes disturbance, or spreads intolerance among people of India.
The reality is that in India certain religious crimes are not taken seriously nowadays. Hatred has led to violence which is becoming part of everyday life. There is also an increase in the suppression of minorities and hate crimes. In the era of technological progress, people are still committing hate crimes online. Most of the hate crimes on social media are based on issues like girls, politics, and religion. Political parties also try to provoke communal riots by using religion as a tool to gain votes. Even though there are laws against such offenses, these laws alone can’t solve the problem unless people work together for the country’s unity, integrity, and fraternity.
Looking into religious freedom in India through the lens of the Indian Constitution shows the challenges of balancing individual rights, societal norms, and cultural diversity in a secular democracy. While Articles 25-28 of the Constitution protect the right to religious freedom, the way this right is actually practiced is shaped by judicial decisions and societal realities.
To keep India’s secular values alive, it is important to adopt a balanced approach that supports constitutional principles while accepting the country’s rich traditions and beliefs.In the end, the true test of religious freedom is creating an environment where individual rights and the aspirations of the community live together, helping to build a strong and fair democratic society.
About the Author
