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Tag: Religious Freedom

Bijoe Emmanuel v. State of Kerala (1986)

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Background: Three siblings—Bijoe, Binu, and Bindu Emmanuel—were expelled from a school in Kerala for not singing the national anthem (Jana Gana Mana) during the school assembly. The children, belonging to the Jehovah’s Witnesses faith, stood respectfully during the anthem but did not sing it, citing religious beliefs. Key Issue: Whether the expulsion of the students for not singing the national anthem violated their fundamental rights under the Indian Constitution, specifically: Article 19(1)(a) – Freedom of speech and expression. Article 25(1) – Freedom of conscience and free profession, practice, and propagation of religion. Arguments: State’s Argument: The State of Kerala contended that singing the national anthem was a fundamental duty and a sign of respect towards the nation. Petitioners’ Argument: The children argued that their faith did not permit them to sing the anthem, although they stood respectfully while it was being played. Supreme Court’s Observations: The Court recognized the children’s right to freedom of speech and expression, which includes the freedom not to sing. It emphasized that the children’s respectful silence during the anthem indicated that they did not disrespect the national anthem. The Court also highlighted that Article 25 protects the freedom to practice one’s religion, and coercing the children to sing would violate this right. Judgment: The Supreme Court ruled in favor of the Emmanuel siblings, holding that their expulsion violated their fundamental rights under Article 19(1)(a) and Article 25. It was stated that no constitutional law requires citizens to sing the national anthem; standing in respect suffices. Key Takeaways: This case established that freedom of expression includes the freedom to remain silent. It reinforced the principle that personal beliefs and conscience should be respected, as long as they do not disturb public order. The judgment emphasized tolerance and respect for diverse beliefs, shaping the interpretation of religious freedom in India. Impact: The decision is a landmark in upholding individual rights over forced conformity. It set a precedent for balancing national pride with personal beliefs, highlighting that true patriotism respects diversity and individual rights. Conclusion: The Bijoe Emmanuel case is a reminder that the Indian Constitution protects the rights of individuals to express their beliefs freely, ensuring that faith and conscience are not compromised in the name of nationalism.

Indian Constitution

Freedom of Religion

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        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…

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Indian Constitution

Secularism

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‘India’ is a Union of states in which people from different states belong to different castes, creeds, communities, and religions. It is, therefore, rightly quoted that India is a country of ‘unity in diversity’. Though the people of India follow their own culture and religion distinct from each other, the sense of respect towards each other religions is well maintained among the people. The concept of secularism is a philosophical phenomenon rightly embedded in the preamble of the Constitution of India. The word ‘secular’ was added to the constitution by the 42nd Amendment, 1976 which clearly states that the state recognizes no religion as the state religion. The sense of secularism is also embedded in the fundamental rights of the constitution i.e. Articles 25-28 which guarantees people to freely practice and propagate any religion of their choice. Introduction: India is a democratic nation and a land of diversity and this can be seen in terms of religion also. The very basis of this democracy lies in Secularism as it ensures all citizens are equal before the law. Secularism is a positive concept of religious tolerance that expresses the notion of equal treatment of all religions. basically, means that the state does not authorize any particular religion, it is neither religious nor irreligious but maintains neutrality in matters of faith.[i] Secularism And The Indian Constitution:  The word ‘secularism’ is not defined in the constitution of India but the constitution recognizes how important religion is in the lives of the people of India and hence, provides various provisions in the constitution of India itself which incorporates the basic principles of secularism. As stated above, the 42nd Amendment,1976 of the Indian constitution added the word ‘secular’ to the preamble of the Constitution. Moreover, there are some articles in the Constitution of India that provide the fundamental principle of secularism which are as follows: Article 14 guarantees giving equality before the law and equal protection of the law to all people against discrimination by law. It ensures equal rights without discrimination. Article 15 bars discrimination on the basis of a person’s caste, race, religion, sex, or place of birth. Neither the state nor its citizens can discriminate against any other person on the basis of the said five grounds as it is necessary for the people to live peacefully. The article also provides special provisions for women and children. It also enables the state to make and implement special [1] requirements for the upliftment of the Scheduled Castes, Scheduled Tribes, and other socially and economically backward classes. Article 16 provides equality of opportunity in matters of public employment which states that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state. Moreover, no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence, or any of them, be discriminated against, in respect of any employment or office under the state. Article 25 provides freedom of conscience, that is, all persons have equal rights to freedom, to profess, practice, and propagate religion. This right is available to all citizens as well as non-citizens. Article 26 provides freedom to manage religious affairs as it confers a right (subject to public order, morality, and health) on every religious denomination or any section of such religious denomination of establishing and maintain institutions for religious and charitable purposes; managing its affairs with regard to religion; owing and acquiring property (movable and immovable); administering the property in accordance with law. Article 27 provides freedom from taxes for the promotion of any particular religion. Article 28 prohibits religious instruction in any educational institutions that are maintained wholly out-of-state funds. Moreover, any person attending state recognised or state-funded educational institution is not required to take part in religious instruction or attend any workshop conducted in such an institution or premises of such an educational institution. Article 29&30 provides for the cultural and educational rights of minorities. The Supreme Court of India in the year 1994 case S.R. Bommai v. Union of India established that India was a secular country since the formation of the republic and ‘secularism’ is the basic structure of the Indian constitution.[2] Secularism In The Present-day Scenario: As mentioned above the word ‘secular’ was added to the constitution by the 42nd Amendment Act,1976 but the concept of secularism has always had great significance in India because religions played a vital role in Indian history. There are many religions in India such as Hindu, Muslim, Sikh, Christian, etc. As we have seen above our constitution has given the right to profess, propagate, and enjoy the freedom of religion to all citizens and noncitizens in order to ensure harmony among the people so that every person can live peacefully in a society. In order to maintain this harmony, respect, brotherhood, and tolerance are expected from every person so that no one can hurt the religious sentiments of one another. Despite the concepts of secularism and religious harmony provided in the Indian constitution, India has witnessed immense religious violence which can also be traced from the history of India. India accepts all religions but due to different beliefs, traditions, ideologies, and superstitiousness, religions have caused a division among the people of different faiths. For instance, in India conflict between Hindus and Muslims, historically, can be seen as there were several incidents such as the 1964 Kolkata incident, the 1983 Nellie massacre, the Gujarat riot1969&2002, the Hashim Pura massacre in 1987, the Anti-Sikh riot in 1984, the exodus of Kashmiri pandits in 1989, Babri masjid & Ayodhya case, etc. In a recent instance, the statement given by Nupur Sharma, a BJP spokesperson, about the Prophet Muhammad incensed Indian Muslims and outraged Islamic nations. Moreover, removing Mughal history from the NCERT books is another instance that shows an orthodox communal mentality. These instances are nothing but politically manipulative agenda which results in bias-motivated crime which occurs when a perpetrator targets a victim because of their membership in…

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Indian Constitution