Right to Freedom of Religion (Articles 25–28)

Concept of Secularism in India:

  1. Neutrality of the State: The Indian Constitution establishes a secular state, meaning that the government maintains an attitude of neutrality and impartiality towards all religions.
  2. No State Religion: The state does not promote or patronize any religion but treats all religions equally.

Provisions Ensuring Secularism (Articles 25-28)

Provision Key Features Conditions/Limitations
1. No State Religion (Article 27 & 28) – The state cannot impose taxes for promoting or maintaining any religious institution. – Religious instruction is prohibited in state-funded educational institutions.
– Religious instruction is permitted in private or aided institutions only with the consent of students or guardians.
2. Freedom of Conscience & Religion (Article 25) – Guarantees freedom to profess, practice, and propagate any religion. – Subject to reasonable restrictions such as public order, morality, and health (e.g., banning infanticide in rituals).
– Allows regulation of secular activities associated with religion. – Permits social reforms, such as opening Hindu religious institutions to all castes.
3. Rights of Religious Denominations (Article 26) – Religious groups have the right to establish and maintain religious institutions. – Subject to laws governing property ownership and administration.
– Right to manage religious affairs.
– Right to own and administer property in accordance with the law.

Judicial Interpretations on Secularism

  1. The Supreme Court has clarified that secularism in India does not mean hostility towards religion but equal treatment of all religions.
  2. Political misuse of religion is unconstitutional, and religious appeals for electoral gains violate secularism.
  3. Right to Religion vs. Gender Equality:
    • Sabarimala Temple Case (2018): The Supreme Court ruled that the ban on women (aged 10-50) in the Sabarimala Temple violated Article 25(1).
      • It declared that religious freedom is gender-neutral, and women’s right to worship cannot be restricted based on physiological factors. A larger bench was later constituted to decide on similar cases, including:
        • Entry of Muslim women in mosques.
        • Entry of Parsi women in fire temples.
        • The practice of female genital mutilation in the Dawoodi Bohra
  4. Religious Propagation & Conversion (Article 25):
    • Stainislaus v. State of Madhya Pradesh (1977): The Supreme Court ruled that the right to propagate religion does not include the right to convert others.
      • Force, fraud, inducement, or allurement in religious conversions violate public order and can be prohibited by the state.
      • The Madhya Pradesh and Orissa Anti-Conversion Acts were upheld as constitutional.
    • Government Actions Against Forced Conversions: Arunachal Pradesh passed a law similar to the MP and Orissa Acts, restricting forced conversions.
      • A Private Member’s Bill (O.P. Tyagi Bill) proposed a national anti-conversion law.
Essential Religious Practice Doctrine
  1. Essential Religious Practice Doctrine

The Essential Religious Practice Test is a principle developed by the Supreme Court (SC) to protect religious practices under fundamental rights only if they are deemed essential and integral to the religion.

Origin of the Doctrine

  1. The doctrine of “essentiality” was established by a seven-judge Bench of the SC in the ‘Shirur Mutt’ case (1954).
  2. The court assumed the responsibility of identifying and determining the essential practices of a religion.

Application of the Doctrine

  1. Sri Venkataramana Devaru vs State of Mysore (1958):
    • The SC ruled that temple entry restrictions for certain sections of society were not an essential part of Hinduism.
    • The court declared such restrictions unconstitutional, opening temples to all Hindus.
  2. Ayodhya Case:
    • The court determined that offering prayers was an essential practice in Islam, but offering prayers in a mosque was not an indispensable practice.
  3. Sabarimala Case:
    • The SC lifted the ban on women aged 10 to 50 (mainly menstruating women) from entering the Ayyappa shrine, deeming the practice unconstitutional as it violated Article 14 (Right to Equality).

Judicial Interventions: Impact vs. Challenges

Impact Challenges
Balancing Fundamental Rights: The doctrine has balanced conflicting rights, as seen in the Sabarimala case, where equality was prioritized over religious restrictions. Ambiguity in Determination: Raises the question of whether judges or religious communities should decide what constitutes an essential practice.
Ensuring Social Justice: Ensures the Right to Freedom of Religion aligns with social justice principles. Lack of Fixed Parameters: Inconsistent criteria like religious texts, historical origins, or practices have led to varied judgments.
Primacy of Constitutional Morality: Prioritizes constitutional morality over religious morality, fostering inclusivity (e.g., striking down Section 377). Judicial Overreach: Courts may overstep their competence by deciding on purely religious matters, which are often beyond legal expertise.
Rule of Law Over Religious Authority: Reinforces the rule of law, minimizing societal divisions caused by conflicting religious practices. Potential for Excessive Interference: Excessive judicial intervention can undermine the cultural and spiritual significance of religion.
Preservation of Essential Practices: Protects genuinely essential religious practices from state interference.

Article 25: Freedom of Conscience, Profession, Practice, and Propagation

  1. Ensures freedom to practice and propagate religion while guaranteeing freedom of conscience to all persons, including non-citizens.
  2. Includes professing beliefs, practicing rituals, and propagating faith, but forcible conversions are prohibited to protect others’ rights.
  3. Rights are subject to public order, morality, and health, allowing the state to regulate secular aspects of religious practices or promote social welfare reforms.

Article 26: Freedom to Manage Religious Affairs

  1. Religious denominations have rights to:
    • Establish institutions for religious and charitable purposes.
    • Manage their religious affairs independently.
    • Own and administer movable and immovable property.
  2. These rights ensure collective religious freedom but are subject to public order, morality, and health.

Article 27: Prohibition of Religious Taxes

  1. Prohibits the state from using tax revenues to promote or maintain any specific religion, ensuring secularism.
  2. Fees can be charged for pilgrim services or regulating religious institutions, provided they do not favour one religion over another.

Article 28: Freedom from Religious Instruction

  1. Religious instruction is prohibited in schools fully funded by the state but allowed in institutions administered under religious trusts or receiving state aid, provided attendance is voluntary.
Constitutional Provisions Ensuring Religious Equality
  1. Prohibition of Religious Discrimination (Articles 15, 16, 29, 325)
    • Article 15(1): No discrimination by the state solely on religious grounds.
    • Article 16(2): Equal employment opportunities, irrespective of religion.
    • Article 15(2): Equal access to public places, regardless of religion.
    • Article 29(2): No discrimination in state-maintained or aided educational institutions.
    • Article 325: Equal voting rights for all citizens, irrespective of religion.
  2. Protection of Minority Rights
    • The Constitution provides special safeguards to protect minority religious communities.
    • These protections aim to ensure non-discrimination and preservation of religious identity.