FREEDOM OF RELIGION UNDER INDIAN CONSTITUTION

India is the birthplace of many religions and is also known as the nation of spiritual beliefs, culture, and intellectual thought. Person to person, perceptions of ‘religion’ differ; it is totally a question of choice and belief.
Part III of our Indian Constitution provides and guarantees a number of essential rights. Freedom of religion is one of them, and it is guaranteed under Article 25-28 of the Indian Constitution. Because India is a secular country, every citizen has the freedom to practise whichever religion he or she chooses. Every citizen has the right and liberty to preach, practise, and propagate his or her preferred religion. This right also provides the opportunity to distribute it to everyone without fear of government intervention. The state, on the other hand, expects it to be practised peacefully within the country’s jurisdiction. In terms of ethnicity, religion, creed, caste, and community, India is a diverse country. India is neutral, unbiased, and impartial when it comes to exercising one’s religious beliefs. Our Indian Constitution guarantees that no citizen is denied the right to practise and declare their religion. Individuals and religious organisations in India have the right to freedom of religion under the Indian Constitution.

Article 25-(Freedom of conscience and free profession, practice, and propagation of religion)

Article 25 guarantees all citizens the right to freedom of conscience, as well as the freedom to profess, practise, and propagate religion, subject to public order, health, and morality. It also states that the state has the authority to make laws that regulate and restrict any financial, economic, political, or other secular activity associated with any religious practise.
This allows for social welfare as well as the reform or opening up of Hindu religious institutions of a public nature to all Hindu sections and classes. Hindus are defined as persons who practise the Sikh, Jain, or Buddhist religions, and Hindu institutions are defined as well. People of the Sikh faith wearing & carrying the kirpan shall be considered as included in the profession of the Sikh religion.

Artcile 26- (Freedom to manage religious affairs)

This article states that, subject to morality, health, and public order, every religious denomination has the following rights.

  • The right to establish and sustain religious and benevolent institutions.
  • In matters of religion, the right to regulate one’s own affairs.
  • The ability to purchase both immovable and moveable property.
  • The authority to manage such property in accordance with the law.

Article 27-(Freedom as to payment of taxes for promotion of any particular religion)

There can be no taxes whose earnings are directly utilised for the promotion and/or preservation of any particular religion/religious denomination, according to Article 27 of the Constitution.

Article 28 (Freedom as to attendance at religious instruction or religious worship in certain educational institutions)

This article allows religious groups to disseminate religious teaching through educational institutions.

  • This law states that religious instruction will not be provided in government-run schools.
  • Exempt from the above provision are educational institutions managed by the state but formed under any endowment or trust that requires religious instruction to be offered in such institutions (that no religious instruction shall be provided).
  • Any individual who attends a State-recognized educational institution or receives State funding is not forced to participate in religious instruction or attend religious worship in such institutions unless he or she has granted agreement. In the event of children, their guardians must have provided their consent.

To conclude , In terms of religion, India is the most diverse country on the planet. Because it is a secular country, it does not have its own religion and recognises other religions equally. Every citizen has the right to exercise, propagate, and even change religion; nevertheless, these rights are not unlimited and are limited by the law. No one can harm the country’s public health or morality in the name of religion.

References – https://byjus.com/free-ias-prep/right-to-freedom-of-religion-articles-25-28/

https://www.legalserviceindia.com/legal/article-731-freedom-of-religion-under-indian-constitution-whether-freedom-of-religion-or-freedom-from-religion.html

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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