Rights to freedom of religion as enshrined in the Indian Constitution.
Rights to freedom of religion as enshrined in the Indian Constitution.
Discuss the issue of secularism in the Indian Constitution.
What are the restrictions imposed on the rights to freedom of religion as enshrined in the Indian Constitution?
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Right to religious freedom as enshrined in the Indian Constitution:-
When the Constitution was drafted, the word secular was not included in the original Constitution. Then in 1976, through the 42nd Constitutional Amendment, the word secular was added to the Preamble. The rights to religious freedom have been included in Articles 25 to 28 of the Indian Constitution.
Nature of Indian Secularism:-
The essence of Indian secularism is that the state does not have its own religion. That is, no religious customs or traditions can influence the policy of running the state. According to Indian secularism, all individuals can practice religion according to their own will, every religion has equal status and the state will not patronize any particular religion.
Right to Freedom of Religion (Article 25(1)):-
According to Article 25(1) of the Indian Constitution, all individuals shall be equally entitled to freedom of conscience to adopt, practice and propagate their religion. The state shall not interfere in any way in the activities related to the practice of religion of an individual and the state shall be committed to providing religious freedom.
Restriction of the Right to Freedom of Religion (Article 25-2-A):- However, the rights to freedom of religion are not absolute. The state can interfere with any kind of religious freedom and control religious activities in order to protect the sovereignty and integrity of any political, economic, social or state.
Right to enter religious institutions (Article 25-2-B):-
The state may make laws for the right to enter all classes of Hindus in Hindu religious institutions for social welfare, social reform or public representation. Here, Hindu means Sikhs, Buddhists, Jains as an integral part of Hinduism.
Rights of religious communities and institutions (Article 26):-
According to Article 26 of the Constitution of India, various religious institutions and communities enjoy various rights. These rights are - Religious institutions and communities -
(i) May establish and maintain institutions for religious or charitable purposes.
(ii) May conduct their own religious activities.
(iii) May own movable and immovable property.
(iv) They may manage that property in accordance with specific statutory laws.
(v) No religious community or institution shall expel or isolate any person or citizen on any pretext.
(vi) However, this right of religious institutions is not absolute. The state can interfere and control the rights of religious communities and institutions in the fields of public safety, public interest, protection of communal harmony, protection of state sovereignty and integrity, etc.
Prohibition on imposition of religious taxes (Article 27):-
Article 27 of the Indian Constitution states that no religion or religious community or religious institution shall compel citizens to pay taxes or levy for the promotion, propagation, maintenance, etc. of its religion. Such restrictions have been imposed to free Indian citizens from the oppression of religious taxes.
Regulations on religious education in educational institutions (Article 28):-
Article 28 of the Indian Constitution has imposed some restrictions on religious education in educational institutions. For example -
(i) No religious education can be imparted in purely government educational institutions.
(ii) Even though religious education can be imparted in educational institutions recognized by the government or partially run with government grants - the student cannot be forced to take religious education. In order to impart religious education, students must be adults or religious education can be imparted with the consent of their guardians.
(iii) Religious education is not completely prohibited in private educational institutions.
(iv) Even if an educational institution established for the purpose of religious education by a donor or trustee is run by the state, religious education can be imparted in it.
Conclusion: -
Finally, it can be said that India is the abode of people of many religions. The customs, traditions, religious beliefs of each religion are different. The framers of the Indian Constitution were able to realize this contrasting nature of India. Therefore, they introduced constitutional provisions to make India a secular country. The rights of religious freedom under Articles 25 to 28 apply to all citizens and foreigners.
But at present, several events and situations are tarnishing the secular character of the Indian Constitution. Various events like Mumbai riots, Godhra incident, Gujarat massacre, Babri Masjid demolition, etc. have created obstacles in the secular character of India. In the recent past, radical fundamentalist thinking has emerged in some cases.
However, it is true that even though some events, political ideology etc. have brought the secular character of India into question, on the whole, India's secular character remains intact. Dr. Zakir Hossain, Fakhruddin Ali Ahmed, Dr. APJ Abdul Kalam, Gyanni Zail Singh were the Presidents of India despite being in the minority. Apart from political narrowness, religious differences have not yet become apparent in the ordinary course of life.
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