ABSTRACT

Name :- Palli Venkata Sai Raghava Naidu

Roll. No:- 2018094

Semester:- 3

Topic:- Right to religion

Introduction

Various fundamental rights are provided as well as guaranteed by our Indian Constitution under
Part III. Amongst them, freedom of religion is also the one provided which is given under Article
25-28 of the Indian Constitution. India, being a secular nation gives every citizen the right to follow
the religion he believes in.

Every citizen is entitled with this right and liberty to preach, practice and propagate the religion of
his choice. An opportunity is also provided by this right to spread it among everyone without any
fear of government intervention. But also, it is expected by the state to practice it amicably within
the jurisdiction of the country. India is a land of diversity being in terms of race, religion, creed,
caste and community. When it comes to exercising one’s religious beliefs, India is neutral,
unbiased and impartial. It is ensured by our Indian Constitution that no citizen is deprived of his
right to practice and profess his or her religion.

Concept of Secularism under Indian Constitution

The concept of ‘Secularism’ is omnipresent under Indian Constitution. By 42nd amendment, 1976
of the Indian Constitution, the term ‘Secular’ was inserted in our preamble. Regarding secularism,
there were direct provisions but their languages were res ipsa loquitor. When comes to Secularism,
our Constitution has high regard and utmost importance is given to this concept. Secularism is
often seen as high regard and enjoys dignified recognition in the eyes of law. According to the
Constitution, the allocation of this right is to provide an occasion to every person to declare in
open and that too without any hesitation the religion he believes or he wants to profess. There are
plethora of judgments which specifically deals with secularism like in the case of S.R.Bommai
and the case of Keshvananda Bharti v. Union of India, where it was held that secularism is the
basic feature of the Indian Constitution and no provision of legislation can take away or abridge
this right.

Constitutional Provisions

Articles 25-28 of the Indian Constitution guarantee the right to freedom of religion to all citizens
who all are residing within the territory of India.

1.Freedom of conscience and free profession of religion.( Article 25)

2.Freedom to manage religious affairs (Article 26)

3.Freedom from payment of taxes for promotion of any particular religion( Article 27)

4.Freedom to attend religious instructions ( Article 28)

Article 25

Freedom of conscience and free profession, practice and propagation of religion

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons
are equally entitled to freedom of conscience and the right freely to profess, practise and propagate
religion

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from
making any law

(a) regulating or restricting any economic, financial, political or other secular activity which may
be associated with religious practice;

(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of
a public character to all classes and sections of Hindus Explanation I The wearing and carrying of
kirpans shall be deemed to be included in the profession of the Sikh religion Explanation II In sub
clause (b) of clause reference to Hindus shall be construed as including a reference to persons
professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions
shall be construed accordingly.

Related cases

·In the case of Mohd . Hanif Quareshi v State of Bihar, wherein it was claimed by the petitioner
that the sacrifice of the cows during Bakr- id was an essential part of his religion but this argument
was rejected by the courtas the sacrifice of cow on the Bakri-Id day was not an essential part of
the Mohammedan religion and hence could be prohibited by State under clause (2) (a) of Article
25.

·In the case of Durgah Committee Ajmer v. Syed Hussain Ali and Ors, the Supreme Court held that
sometimes there are practices, even secular ones, usually considered as part of the religion, that might
actually be superstitions and not essential to the religion, and hence excluded from the protection of the
Constitution. Through this judgment, the Court expanded further its role in interpreting not only what it
means to be “religious”, and what is “essential” and what is not, but also to rationalize religion and to
purge it of “superstitions”

·In the case of Sardar Syedna Tahir Saifuddin Saheb v. State of Bombay, where the Court was to
determine whether excommunication can be considered to be an essential religious practice of the
Dawoodi Bohra community, the Court answered in the positive saying that the legislature was not
permitted to “reform a religion out of existence or identity”.

·In the case of RobasaKhanum vs. Khodabad Irani, it was held that the conduct of a spouse who
converts to Islam has to be judged on the basis of the rules of justice equity and good conscience.

·In the case of Sarla Mudgal V. Union of India, it was held that conversion to any other religion
by either one or both the spouses is not at all a ground to have the marriage dissolved.

Article 26

Freedom to manage religious affairs Subject to public order, morality and health, every religious
denomination or any section thereof shall have the right

(a) to establish and maintain institutions for religious and charitable purposes;

(b) to manage its own affairs in matters of religion;

(c) to own and acquire movable and immovable property; and

(d) to administer such property in accordance with law.

Article 27

Freedom as to payment of taxes for promotion of any particular religion No person shall be
compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of
expenses for the promotion or maintenance of any particular religion or religions denomination.

Related cases

·In the case of L. T .Swumiar v Commr. H.R.F . Madras, wherein it was held that even if a tax is
imposed on persons belonging to a particular religion, in order to meet the expenses of that
particular religion, such tax is void.

Article 28

Freedom as to attendance at religious instruction or religious worship in certain educational

institutions

(1) No religion instruction shall be provided in any educational institution wholly maintained out
of State funds

(2) Nothing in clause ( 1 ) shall apply to an educational institution which is administered by the
State but has been established under any endowment or trust which requires that religious
instruction shall be imparted in such institution

(3) No person attending any educational institution recognized by the State or receiving aid out of
State funds shall be required to take part in any religious instruction that may be imparted in such
institution or to attend any religious worship that may be conducted in such institution or in any
premises attached thereto unless such person or, if such person is a minor, his guardian has given
his consent thereto Cultural and Educational Rights.