Right To Freedom Of Religion (Articles 25-28) The Republic of India is a Secular State The conceopt of secularism is implicit in the Preamble of the Constitution which declares the resolve of the people to secure to all its citizens liberty of though,belief, faith and worship. In India, a Secular State was never considered as an irreligious or atheistic State. It only means that in matters of religion it i neutral. It is the ancient doctrine in India that the State protects all religions but interferes with none. Secularism is thus neither anti-God nor pro-God. It treats alike the devoult, the antagonistic and the atheist. It eliminates God from the matters of the State and ensures that no one shall be discriminated against on the ground of religion. The State can have no religion of its won. It should treat all religions equally. The State must extend similar treatment to the Temple, the Mosque, the Church. In a secular state the State is only concerned with the relation between man and man, not with relation of man and God. It is left to the individulas conscience. Worshipping of God should be according to the dictates of ones own conscience. Man is not answerable to the State for the variety of his religious views. There can be no compulsion in las of any creed or practise of any form of worship. Freedom of Religion in India - Article 25(1) This guarantees to every preson the freedom of conscience and right to profess, practise and propagate religion. This right is however, subjected to public order, morality and health and to the other provisions of Part III of constitution. Also, under sub-Clauses(a) and (b) of Clause (2) of Article 25 The State is empowered by law: (a) to regulate or restrict any eoconomic, financial, political or other secular activity which may be associated with religious practise; (b) to provide for (i) social welfare and reform, and (ii) to throw open Hindu religious institution of a public character to all classes and sections of Hindus. Article 25 (1) also guarantees not right to convert any person to ones own religion, but it allows to transmit or spread ones religion by an exposion of its tenets. It therefore postulates that there is not fundamental tight to convert another person to ones own religion because if a person purposely undertakes the conversion of another person to his religion, as distiguished from his effort to transmit or spread the tenets of his religion that woukd impinge on the freedom of conscience guaranted to all the citizens of the country alike. The protection of Article 25 nd 26 is thus not limited to matters of doctrine of belief. It extends also to acts done in pursuarance of religion and, therefore, contain a guarantee for rituals and observances, ceremonies and mode of worship which are integral parts of religion. What constitute an essential part of religion or religious practise has to be decided by the courts with reference to a doctrine of a particular religion and include practise which are regarded by the community as a part of its religion. Restrictions on Freedom of Religion: 1. Religious liberty subjected to public order, morality and health - In the name of religion no act canbe done against public order, marality and health of public. Thus section 34 of the Police Act prohibits the slaughter of cattle or indecent exposure of ones person in public place. These acts cannot be justifed on plea of practice of religious rites. Likewise, in the name of eligion untouchability or traffic in human beigns e.g.system of Devdasis cannot be tolareted. These rights are subjected to the reasonable restrictions under clause (2) of Article 19. For instanc, a citizens freedom of speech and expession in metters of religion is subjected to reasonable restrictions under Article 19 (2). Right to propagate ones religion does not give right to any one to forcibly convert any person to ones own religion. Forcible conversion of any person to ones own religion might disturb the public order and hence could be prohibitated by law. 2. Regulation of economic, financial, political and secular activites associated with religious practices-Clause (2) (a) - The freedom to practice extends only to those activites which are the essence of religion. It would not cover secular activities which do not form the assence of religion. It is not always easy to say hich activities fall under religious practice or which are of secular, commercial or political nature associated with religion practice. Each case must be judge by its own facts and circumstances. 3. Social Welfare and Social Reforms-Clause (2) (b) - Under this clause the State empowered to make laws for social welfare and social reform. Thus unerthis clause the State can ericate social practices and dogmas which stand in the path of the countrys onward progress. Such laws do not effect the esence of any religion. This declares that where there is conflict between the need of social welfare and reform and religious pactice must yield. Prohibition of evil practices such as Sati or system of Devadasi has been held to be justified under this clause. The right protected under this clause is a right to enter into a temple for the puspose of worship. But it does not follow from this that, that right is, absoulte and unlimited in character. No one can claim that a temple must be kept open for worship at all hours of the day and night or that he should be permitted to perform services personally which the Acharya alone could perform. The State cannot regulate the manner in which the worship of the deity is performed by the authorised pujaris of the temple or the hours and days on which the temple is to be kept open for Darshan or Puja for devotees. The right of Sikhs to wear and carry Kripan is recognised as a religious practice in Explanation 1 of Article 25. It does not mean that he can keep any number of Kripans. He cannot possess more than one Kripan without licence. Freedom to manage religious affairs - Article 26 Article 26 says that, subject to public order, morality and health, every religious denomination or any section of it shall have the following rights- (a) to establish and maintain institutions for religiuos and charitable purpose, (b) to manage its own affairs in matters of religion, (c) to own and acquaire movable and immovable property, (d) to administer such property in accordance with law. The right guaranteed by Article 25 is an individual right while the right guaranteed by Article 26 is the right of an organised body like the religious denomination or any section thereof. Freedom from taxes for promotion of any particular religion - Article 27 Article 27 provides that no person shall be compelled to pay tax for the promotion or maintenance of any religion or religious denomination. This Article emphasises the secular character of the State. The public money collected by way of tax cannot be spent by the State for the promotion of any paticular religion. Prohibition of Religious Institution in State aided Institution - Article 28 According to Article 28(1) no religious instruction shall be imparted in any educational institution wholly maintained out of State funds. But this clause shall not apply to an educational institution which is administered by the State but was not established under any endowment or trust which requires that religious instruction shall be imparted in such institution. Thus Article 28 mentions four types of educational institutions: (a) Institutions wholly mantained by the State. (b) Institutions recognised by the State. (c) Institutions that are receiving aid out of the State fund. (d) Institutions that are administered by the State but are established any trust or endowment. In the institutions of (a) type not religious instructions can be imparted. In (b) and (c) type of institutions religious instructions may be imparted only with the consent of the individuals. In the (d) type institution, there is not restriction on religious instructions.
Posted on: Sun, 28 Dec 2014 11:11:44 +0000
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