Introduction
Freedom of religion is one of the most fundamental rights in any democratic society. In India a land of immense religious diversity it carries special significance. With centuries of coexistence between Hindus, Muslims, Christians, Sikhs, Buddhists, Jains, and many other communities, India’s legal and constitutional framework guarantees the freedom to believe, practice, and propagate religion. This right is not just about worship, but also about identity, culture, and expression. However, the scope and application of this freedom have been continuously tested against issues of public order, conversion, education, and state interference.
Constitutional Basis
The Indian Constitution guarantees freedom of religion as a Fundamental Right under Articles 25 to 28. These articles are a part of Part III of the Constitution and ensure that religious liberty is respected and protected for all individuals.
Article 25: Freedom of Conscience and Free Profession, Practice and Propagation of Religion
Article 25(1) declares that every person is equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion. This freedom is available not only to citizens but to all persons, including foreigners.
However, this right is subject to public order, morality, health, and other provisions relating to fundamental rights. Thus, the right is not absolute.
The term “propagate” was the subject of judicial scrutiny in Rev. Stainislaus v. State of Madhya Pradesh (1977), where the Supreme Court held that propagation does not include the right to convert others, especially by force or inducement.
Article 26: Freedom to Manage Religious Affairs
This provision grants every religious denomination or section the right to:
- Establish and maintain institutions for religious and charitable purposes
- Manage its own affairs in matters of religion
- Own and acquire movable and immovable property
- Administer such property in accordance with law
In Shirur Mutt case (1954), the Supreme Court held that what constitutes essential religious practices must be determined by the doctrines of the religion itself. However, the courts have often intervened to identify what is considered ‘essential’, leading to significant jurisprudential developments.
Article 27: Freedom from Taxation for Promotion of a Particular Religion
No person can be compelled to pay taxes for the promotion or maintenance of any particular religion or religious denomination. This maintains the secular character of state revenue.
Article 28: Freedom as to Attendance at Religious Instruction
This article prohibits religious instruction in any educational institution wholly funded by the state. However, it permits religious instruction in institutions administered by the state but established under an endowment that requires such instruction.
Secularism and State Neutrality
India follows the model of “positive secularism,” which means the state does not maintain strict separation from religion (as in the U.S.), but instead allows the state to regulate or reform religious practices to uphold constitutional values. The 42nd Amendment in 1976 added the word “secular” to the Preamble, affirming that the state treats all religions equally and does not favor or discriminate against any.
Judicial Interpretation and Key Case Laws
- The Sabarimala Case (2018): The Supreme Court allowed women of menstruating age to enter the Sabarimala temple, holding that denial of entry was a form of gender discrimination and not an essential religious practice. It expanded the understanding of equality over religious customs.
- Indian Young Lawyers Association v. State of Kerala: Reiterated that essential religious practices must conform to constitutional values of equality and non-discrimination.
- Bijoe Emmanuel v. State of Kerala (1986): Three schoolchildren who were Jehovah’s Witnesses refused to sing the national anthem on religious grounds. The Supreme Court held that forcing them to sing would violate their freedom of religion under Article 25.
- Aruna Roy v. Union of India (2002): Clarified that secularism means equal respect to all religions, not eradication of religion from public life.
Forced Conversions and Anti-Conversion Laws
In recent years, debates around forced conversions have intensified, especially in the context of religious intermarriage and evangelism. Multiple states including Uttar Pradesh, Madhya Pradesh, and Gujarat have enacted anti-conversion laws, criminalizing conversions by force, fraud, allurement, or marriage.
However, critics argue these laws are vague, subject to misuse, and create a chilling effect on the right to propagate religion. The Supreme Court is currently hearing a series of petitions challenging the constitutional validity of these laws.
Religious Education and Minority Rights
Article 30 of the Constitution protects the rights of minorities to establish and administer educational institutions. The interplay between religious instruction, state funding, and autonomy of minority institutions has often sparked legal controversies, especially around madrasa education and Christian missionary schools.
Challenges in Contemporary India
- Communal Polarization: Political discourse and violence in the name of religion, including cow vigilantism and hate speech, challenge the fabric of religious freedom.
- State Interference: Government decisions on religious festivals, temple management, and rituals often raise concerns about excessive state control.
- Majoritarianism: In a democracy, the rights of minorities are crucial. Any tilt towards majoritarian religious preferences undermines constitutional guarantees.
- Online and Media Discourse: Social media platforms often act as a breeding ground for religious hate, raising questions on the state’s duty to protect individuals from targeted abuse.
- Religious Symbols and Attire: The hijab ban controversy in Karnataka, for example, shows the tension between institutional discipline and religious expression, leading to a wider debate on identity and uniformity.
Global Perspective
Freedom of religion is a recognized human right under Article 18 of the Universal Declaration of Human Rights (UDHR) and Article 18 of the International Covenant on Civil and Political Rights (ICCPR). India, as a signatory to these covenants, is obligated to protect religious liberty domestically in consonance with international standards.
Conclusion
Freedom of religion in India is a deeply cherished but equally contested right. The Constitution provides a robust framework for protecting religious liberty, but its real test lies in practice. Balancing religious rights with public interest, equality, and social reform is a constant challenge for courts, legislatures, and civil society. As India continues to evolve as a pluralistic democracy, it must reaffirm its commitment to secularism not by erasing religion from public life, but by ensuring that every individual has the right to choose and practice their faith freely, without fear or coercion.
CONTRIBUTED BY : ANSHU (INTERN)