Freedom of Religion
People of Asia are very closely related to their religion. For people religion is everything, they want to follow their religion and live their life with their religious beliefs.
What is the Right to Freedom of Religion guaranteed by the Indian Constitution?
As India is a Secular country, the word secular is interpreted with different meanings all over the world. So, What is Secularism in India? How it is introduced in Indian Constitution and how it is different from other countries.
What is religious freedom according to the American Constitution? How the Supreme Court of India has interpreted Freedom of Religion and what are reasonable restrictions on this freedom?
Introduction
Religion is deeply connected to the people of Asia. As in the case of India, a country with a history of the oldest civilization having faith in religion.
In India people have been followers of their religion since ancient times, they worship their Gods according to their beliefs. India has a vast diversity of people with different religious beliefs.
So it is very essential to understand ‘what is religion?’, ‘How it is interpreted in India?’, So that we can understand its freedom and restrictions in the current period what role does the Supreme Court of India play in the protection of these freedoms, and how does the Government control it with reasonable limits?
As no right can be provided without any restrictions for its effective enjoyment.
So what are reasonable limits concerning Freedom of Religion? How does India with a diversity of people be able to secure its secular status how Secularism is interpreted in India and how it is different from other countries of the world? So to completely understand these questions we need to know what is religion.
What is Religion?
A belief in the existence of God, who is superior to everything and is the controller of everything in the universe.
A person is said to be a follower or believer of a religion who follows the religion in the manner provided by that religion and worships God as per that religion.
The word religion is nowhere defined in the Constitution of India and indeed it is a term that is hardly susceptible to any rigid definition. The Supreme Court of India has defined the word religion in its various judgments.
In H.R.E vs L.T.Swamiar, the Supreme Court interpreted religion broadly as a matter of faith with individuals or communities and it is not necessarily theistic.
A religion may only lay down a code of ethical rules for its followers to accept, it might prescribe rituals and observances, ceremonies, and modes of worship which are regarded as integral parts of religion, and those forms and observances might extend even to matters of food and dress.
Fundamental Right of Freedom of Religion [ Article -25 ]
The right is not absolute, this right is subject to public order, morality, health, and the other provisions of Part 3 of the Constitution.
Also under sub-clauses a and b of cl 2 of Article.25, the state is empowered by law (i) to regulate or restrict any economic, financial, political, or other secular activity that may be associated with religious practice, (ii) to provide for social welfare and reform, and to throw open Hindu religious institutions of a public character to all classes and section of Hindus.
Thus, under Article 25(1) a person has twofold freedom; (a) freedom of conscience, and (b) freedom to profess, practice, and propagate religion. The freedom of conscience is the absolute inner freedom of the person to mold his relation with God in whatever manner he likes.
To ‘profess’ a religion means to declare freely and openly one’s faith and belief.
• To ‘practice’ religion is to perform the prescribed religious duties, rites, and rituals, and to exhibit his religious beliefs and ideas by such acts as prescribed by the religion.
To ‘propagate’ means to spread and publicize his religious view for the edification of others. But the propagation only indicates persuasion and exposition without any element of coercion.
Restrictions on Freedom of Religion
As no right is absolute, every right is subject to some restrictions. The reasonable restrictions on Freedom of Religion as provided by the Constitution of India are :
1-Religious liberty subject to public order, morality, and health:
In the name of religion, no act can be done against public order, morality, and health. Such acts, which fall under these restrictions can not be justified on plea of practice of religious rites. In the name of religion ‘untouchability or traffic in human beings’ can not be tolerated.
2-Regulation of economic, financial, political, and secular activities associated with religious practice:
The freedom to practice extends only to those activities which are the essence of religion. It doesn’t cover secular activities that do not form religion’s essence.
It is not always easy to say which activities fall under religious practice or which are of a secular, commercial, or political nature associated with religious practice.
Freedom to Manage Religious Affairs [ Article 26] :
Article 26 of the Constitution of India Guarantees certain rights to the religious denomination of any section of religion. The word Denomination is not defined in the Constitution of India. According to Webster’s Dictionary, it means “Collection of individuals classed together under the same name”.
The Supreme Court of India in S.P.Mittal VS Union of India provided three requirements to be fulfilled for being a religious denomination, requirements are:
[1] It must be a collection of individuals who have a system of beliefs that they regard as conducive to their spiritual well-being. [2] must have a common organization. [3] It must be designated by a distinctive name.
So, what Art. 26 says is that, subject to public order, morality and health every religious denomination of any section of it shall have the following rights:
- To establish and maintain institutions for religious and charitable purposes,
- To manage its affairs in matters of religion,
- To own and acquire movable and immovable property,
- To administer such property by law.
Secularism
The 42nd Amendment of the Constitution has inserted the word ‘Secular’ in the Preamble. It was done to express the implicit concept of our Constitution.
Explaining the secular character of our Constitution the Supreme Court said “ There is no mysticism in the secular character of the State.
In short, Secularism means developing, understanding, and respect for different religions.
Conclusion :
As religion plays a very important role in humans’ lives one can choose his religion according to his will. The Constitution of India under Part 3, Articles 25 and 26 Guarantees Freedom of Religion and Freedom to Manage Religious Affairs.
Every right comes with some liabilities or restrictions, these Articles also provide reasonable restrictions to be applied during the enjoyment of these rights. These rights also give us an overview of the Secular characteristics of the Indian Constitution.
Written By:-
Mohammad Amaan