Open Access Research Article
“Protection Of Religious Rights And Freedom Under The Indian Constitution: A Critical Analysis”
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“PROTECTION OF RELIGIOUS RIGHTS AND
FREEDOM UNDER THE INDIAN CONSTITUTION: A CRITICAL ANALYSIS”
AUTHORED BY
- SACHEIN V G
ABSTRACT:
The Indian constitution holds a
significant role in the peaceful protection of religion among its people of the
state. This research paper is a critical analysis to understand the way the
Indian Constitution has framed religious rights and freedom for the citizens of
India. This study discloses information on religious legal boundaries, the
protection of fundamental freedom and the challenges faced by the people of it.
This research also emphasizes the effectuality of the Indian constitution in
upholding the diversity of religion in the nation. This paper delves into the
legislative changes and communal tensions and offers valuable insights for the
improvement of the framework of religious liberty in the potential areas.
This study is made with the help of
Indian constitutions as the primary source and some landmark case laws and
their key judgements for a better understanding of the topic. This research
examines carefully the doctrines based on the secular nature of the state and
essential religious practices. The study has been made by interplaying the
constitutional provisions, legal situation, and its implication in society
regarding safeguarding the rights and freedom provided to the citizens of
India. This research paper is made by examining case laws, articles, and the
context of history relevant to this research. The Constitution stands as a
cornerstone to ensure the safeguarding of religious harmony among its diverse
people.
CHAPTER 1:
INTRODUCTION:
Religious rights and freedom within
the Indian Constitution serve as fundamental values that support the nation's
diverse and pluralistic identity. Holding a significant role in India's
constitutional framework, these principles signify the nation's upholding and
preserving of religious convictions and rituals of its people. India, with its
various faiths and traditions, acknowledges the significance of religious
liberty as an essential human entitlement. This constitutional provision assures
the freedom to embrace, practice, and disseminate any religion and guarantees
the government's secularism. This introduction lays the foundation for an
extensive exploration of India's legal and societal structure governing
religious rights and freedom.
Religious groups are an important
part of society. They have different beliefs and traditions, which make our
society diverse. It's crucial and a duty to protect their right to practice
their faith to be fair and equal. These rights must be protected in a way that makes
our society more friendly and peaceful. But sometimes, they can be treated
unfairly and badly, so it's important for the government and society to be nice
to them and protect their rights. Religious groups in India are
granted fundamental rights and protections through the Constitution. Articles
25 to 28 of the Indian constitution restrict from being prohibiting any form of
bias. These provisions also permit them to establish and maintain places of
worship and education. India's dedication to upholding the well-being of
religions is demonstrated by a range of legal measures and policies aimed at
safeguarding their distinct cultural and religious heritages, thus enhancing
the country's diverse and inclusive character.
RESEARCH PROBLEM:
In India, legal mechanisms within the
Indian Constitution safeguarding religious rights faces many hurdles and difficulties
in implementing and enforcing new policies by the policymakers. Even though, landmark
precedents on the contemporary status of religious freedoms in India is
available as a source the implementation of policies for a particular sole
problem is still a challenge.
OBJECTIVES:
To find the current position of religion and secularism in India and the
different challenges faced by religious groups and lawmakers in India,
providing insights and recommendations to address these issues
happening within the society. The main objectives are to,
·
To
find the specific laws and policies framed for this sole purpose and extent of
the legal framework and the effectiveness of these laws implemented and
enforced.
·
To
identify the hurdles and challenges faced in implementing policies based on
religious rights and freedom and to find the factors that are a hindrance in
implementing these laws and getting potential results.
·
To
assess the intersection of other fundamental rights in religious rights like
gender equality, right to education, freedom of speech and more.
RESEARCH QUESTIONS:
1. What are the legal frameworks that
have been provided by the Indian constitution in order to protect an
individual’s religious rights?
2. What are the challenges faced by the
law and policy makers to implement policies on religious rights?
3. How has the influence of landmark
precedents and their judgements been in the current position of religious rights
and freedom in India?
HYPOTHESIS:
·
The
nature of religious diversity in India presents a difficulty in formulating
policies that treat different religious communities impartially.
·
Legal
precedents are a starting point for current interpretations and safeguards of
religious rights, influencing the ongoing discussion regarding individual
rights and religious freedoms in India.
METHODOLOGY:
The main methodology for this study will be doctrinal research, with an
emphasis on a thorough analysis of current regulations and situations of
religious rights and their protection under Indian constitution. It will entail
a thorough analysis of pertinent government publications, research articles,
judicial rulings, and legal legislation. The research will attempt to offer a
comprehensive knowledge of the historical background, legal framework, and the
development of these rights in a doctrinal analysis. It will also explore the
different issues and arguments surrounding it. The study will provide insights
into the intricate difficulties underlying this matter by critically analysing
scholarly debate and currently available legal papers.
CHAPTER 2
LEGAL FRAMEWORKS ON RELIGIOUS RIGHTS:
The Indian Constitution gives various laws and policies that aim to
protect the religious rights of people. These laws, along with additional
rules, create a strong system that ensures freedom of religion in a country
known for its many different faiths. This system doesn't just protect religious
rights but also shows how dedicated the Indian government is to keep the
country secular and letting everyone freely follow their faith without worrying
about unfair treatment or being targeted. The Constitution of India
provides religious rights under articles 25 to 28, they play a pivotal role in providing
religious liberty and freedom to all its citizens.
RELIGIOUS RIGHTS UNDER THE INDIAN CONSTITUTION
(ARTICLE 25-28):
Articles 25 to 28 of the Indian Constitution
cover the fundamental rights regarding religion and freedom.
Article 25: It guarantees freedom of religion to
everyone in India. It allows individuals to practice their religion openly,
ensuring they can follow their beliefs as long as it doesn’t create problems in
society, disrupt what's considered fair, or impact public health. It also
clarifies that it doesn’t change existing laws and doesn’t prevent the
government from making laws related to regulating non-religious activities
associated with religious practices. Moreover, the government can create laws
for social welfare without compromising religious freedom.
The case of Bijoe Emmanuel v. State of
Kerala, 1987 AIR 748 speaks about article 25. In this landmark judgement in
Indian constitutional law that deals with the issue of freedom of religion and
expression. The case involves three students who refused to sing the national anthem
of India on religious grounds. The incident took place in 1985 when the
students, who were studying in a government school in Kerala, remained silent
when the national anthem was being played in their school. This led to
disciplinary action against them, including expulsion from the school. The
students and their parents argued that their religion prohibited them from
singing the national anthem and that their right to freedom of religion and
expression was being violated. The
children did not sing the National Anthem due to their religious beliefs. The
Supreme Court held that Article 19(1)(a) and Article 25 (Freedom of Religion
and Conscience) cannot be infringed on the grounds of disrespect shown to the
National Anthem. The compulsion of every student to sing the National Anthem
despite their religious beliefs and free will violates Article 19(1)(a) and
Article 25 of the Constitution of India.
·
Article 26: It
empowers every religious group to manage their religious affairs independently.
It gives these groups the authority to oversee places like temples, churches,
or other charitable institutions related to their religion without unnecessary
interference.
·
Article 27: This
ensures that individuals aren't obligated to pay taxes to promote any specific
religion. This provision maintains a neutral stance for the government,
refraining from supporting or favouring any religious group.
·
Article 28:
dictates that in government-funded educational institutions, no religious
teaching should be imparted. This separation of education from any specific
religion ensures that everyone receives a non-religious education in
these institutions.
The case of Aruna Roy V. Union Of India,
(2002) 7 SCC 368 in this case, a PIL was filed under Article 32 wherein it was
contended by the petitioner that the National Curriculum Framework for School
Education (NCFSE) which was published by the National Council of Educational
Research and Training is violative of the provisions of the constitution. It
was also contended that it was anti-secular and was also without the
consultation of the Central Advisory Board of Education and hence it should be
set aside. NCFSE provided education for value development relating to basic
human values, social justice, non-violence, self-discipline, compassion, etc.
The court ruled that there is no violation of Article 28 and there is also no
prohibition to study religious philosophy for having value-based life in a
society.
§
INTERSECTION WITH OTHER RIGHTS:
These articles being fundamental and
are provided as a direct form for religion other fundamental rights intersect
with these rights, and some namely,
ARTICLE 29: Article 29 of the Indian Constitution
is a significant provision that safeguards the cultural and educational rights
of minority groups in India. Its primary purpose is to protect the interests of
religious and linguistic minority communities, ensuring they can preserve and
promote their distinct language, script, and culture without facing
discrimination. Article 29(1) explicitly grants individuals from linguistic or
cultural minority backgrounds the right to preserve and advance their unique
language, script, or culture. This means that such minority groups have the
freedom to practice and nurture their traditions, languages, and cultures,
preventing any attempts to homogenize or suppress their distinct identity.
Furthermore, Article 29(2) ensures
that individuals are not subjected to discrimination based on their cultural or
linguistic backgrounds when it comes to accessing educational institutions that
receive government support. This provision promotes equal educational
opportunities for all, regardless of their minority status.
Article 29 of the Indian Constitution
serves as a crucial foundation for upholding the diversity and cultural
richness of the nation. It empowers minority communities to safeguard their
unique identity, language, and culture, promoting an inclusive and pluralistic
society where the cultural and educational rights of all citizens are respected
and preserved.
GENDER EQUALITY (ARTICLE 14-18): Promoting gender equality in relation
to religious rights and freedom means finding a balance. To do this, we should
encourage open conversations, provide education, and support advocacy efforts
that help change harmful traditions. This balance is important because it helps
create a fair and inclusive society where everyone can freely practice their
religion while also making sure that gender equality is respected. It's about
ensuring that no one is treated unfairly or held back because of their gender
within the context of their religious beliefs.
RIGHT TO EDUCATION: The right to education, as outlined
in Article 21 of the Constitution of India, is naturally connected with
religious rights and freedom. It ensures that individuals can pursue education
that aligns with their religious beliefs, granting them the freedom to conduct
and admit education without demarcation grounded in faith. Likewise, education
plays a pivotal role in fostering religious forbearance and understanding,
promoting respect for different beliefs and practices. By valuing religious
freedom within educational systems, society can uphold the principles of
freedom of religion and belief, guard individualities from discrimination and
persecution on religious grounds, and contribute to a further inclusive and
harmonious concurrence of colorful faiths.
CHALLENGES FACED BY LAWMAKERS:
The implementation of policies concerning
religious rights is intricate due to the multifaceted and sensitive nature of
religious freedoms. It requires ongoing dialogue, collaboration, and a careful
balancing of interests to protect religious freedoms while respecting other
societal values and rights necessitating a comprehensive and inclusive approach
to policy implementation. Crafting and enforcing such policies demands a
careful balance between respecting individuals' natural rights to freely pursue
their views and protecting greater community interests. This complication stems
from the various landscape of religious beliefs and practices, which frequently
clash with or connect with other fundamental rights and ideals. Policymakers
must manage issues, such as maintaining equality and non-discrimination,
resolving contradictions between secular government and religious influence,
and responding to the changing landscape of varied religious beliefs. The
process necessitates a thorough awareness of legal complexities, cultural
settings, and societal dynamics, and frequently necessitates a nuanced,
adaptable, and inclusive approach to policy creation and implementation.
Balancing the protection of religious rights while preventing potential abuses
or conflicts demands continual dialogue, education, and careful consideration
of the dynamic and ever-evolving nature of religious practices and beliefs
within a society.
Law and policymakers encounter several
challenges when implementing policies on religious rights. One major challenge
is balancing the protection of religious freedoms with the need to ensure that
they do not infringe on the rights of others or contradict with existing laws.
This balance can be difficult to achieve, especially in diverse cultures where
different religious beliefs coexist. It is difficult to create regulations that
cater to various faiths without favoring one over another. Furthermore, given
the changing nature of religious practices and beliefs, it is difficult to
interpret and implement these policies consistently across diverse settings and
contexts. Furthermore, dealing with societal changes and new religious
movements can make it difficult to keep policies relevant and inclusive.
Overall, the difficulty is to develop and enforce laws that protect religious
freedom without jeopardizing the rights of others or the legal system's
stability.
The challenges faced by the law
makers in implementing policies in religious rights:
·
Balancing
Religious Freedom and Other Rights: There's a constant need to strike a balance
between religious rights and other fundamental rights such as freedom of
speech, equality, and non-discrimination. This can be particularly challenging
when religious practices clash with other rights or societal norms.
·
Diversity
and Pluralism: Societies are increasingly diverse, and religious beliefs are no
exception. Crafting policies that accommodate and protect the rights of various
religious groups can be complex, especially when dealing with conflicting
beliefs or practices.
·
Legal
Interpretation and Clarity: Defining and interpreting religious rights within
legal frameworks can be intricate. The ambiguity in religious texts and
practices might complicate the legal interpretation, making it challenging to
develop clear and fair policies.
·
Preventing
Discrimination: Ensuring that policies protect religious rights without
inadvertently discriminating against other groups or individuals is essential.
It requires careful crafting of legislation to prevent preferential treatment
of one religion over another or of religious adherents over non-religious
individuals.
·
International
and Domestic Consistency: Ensuring consistency in laws and policies regarding
religious rights within a country and in compliance with international human
rights standards poses a challenge. Domestic laws might conflict with
international agreements or standards.
·
Rapid
Societal Changes: Societies evolve, and religious beliefs and practices are not
static. Adapting policies to reflect these changes while upholding fundamental
religious rights is a continual challenge.
·
Implementation
and Enforcement: Crafting laws is one thing, but ensuring effective
implementation and enforcement of these policies can be challenging, especially
when there are limited resources, lack of understanding, or resistance from
certain groups.
·
Public
Opinion and Backlash: Public opinion can heavily influence policymaking on religious
rights. Striking a balance between protecting rights and appeasing public
sentiment or potential backlash requires careful navigation.
INFLUENCE OF LANDMARK PRECEDENTS IN
CURRENT LEGAL SITUATION:
Landmark cases have a great influence
on the current situation of religious rights by establishing legal precedents
that guide how religious freedom is interpreted and protected. These cases
often set important legal statements and principles that shape the religious
rights in contemporary society. these cases serve as a source of reference and
guidance for courts, lawmakers, and advocacy groups when addressing current
religious freedom issues. They help strike a balance between safeguarding
individual religious rights and ensuring that religious practices do not affect
other fundamental rights or societal interests. As society evolves and new
challenges emerge, landmark cases remain pivotal in the ongoing discourse
surrounding religious rights, offering valuable insights and legal principles
for resolving contemporary religious freedom conflicts and maintaining a just
and balanced approach to this essential human right.
·
THE AHMEDABAD ST. XAVIER’S COLLEGE VS STATE OF GUJARAT, (1974) AIR
In the case of Ahmedabad St. Xavier's College vs. State of Gujarat (1974),
the dispute centred on the autonomy of a minority educational institution,
particularly a Christian college, and the government’s hindrance in its admission
programs. The case’s crucial data are as follows Ahmedabad St. Xavier's
College, affiliated with Gujarat University, was a minority institution under
the protection of Article 30(1) of the Indian Constitution. Article 30(1)
safeguards the right of verbal and religious minority to establish and
administer educational institutions of their choice. The State of Gujarat
issued a government resolution that directed the council to admit a specific
chance of scholars from the slated gentries and slated lines as part of the
government's reservation policy. The council challenged this directive, arguing
that it violated their indigenous rights as a nonage institution. They
contended that the hindrance with their admission programs was a breach of
their right to manage and administer their educational institution in agreement
with their morality and principles, as handed by Article 30 (1). The case
raised questions regarding the delicate balance between a minority
institution's autonomy and the government's responsibility to apply affirmative
action policies, specifically reservations, to promote social justice and
equity.
The Supreme Court of India supported
the rights of minority schools under Article 30(1) of the Indian Constitution.
The court recognized that linguistic and religious minority institutions have
the right to run their schools without too much government interference.They
found that the government's rule in Gujarat, which wanted to enforce
reservations in college admissions, was a problem because it interfered with
the college's freedom and its ability to follow its unique principles and
beliefs.
The
judgment stressed how important it is to protect the special character of
minority institutions and let them operate according to their own values. This
landmark decision became a legal example that strengthened the rights of
minority institutions to manage their schools independently, especially when it
comes to how they admit students, despite government rules. It still has a big
impact on the laws related to minority rights and schools in India, making sure
that the religious and linguistic minority protection in Article 30(1) of the
Indian Constitution is upheld.
·
INDIAN YOUNG LAWYERS ASSOCIATION & ORS VS. THE STATE OF
KERALA & ORS:
The case of Indian Young Lawyers
Association & Ors vs. The State of Kerala & Ors which is
famously known as the Sabarimala case created a controversy in 2018 when
India's Supreme Court allowed women of menstruating age to enter, breaking a
tradition barring them from the shrine. This decision clashed with the beliefs
of devotees who followed the temple's practice of restricting women aged 10 to
50 due to their deity's celibacy. Religious groups, particularly followers of
Lord Ayyappa, strongly opposed the ruling, arguing it encroached upon their
religious customs protected by India's Constitution. Many religious groups and devotee
organizations protested against the court's interference, asserting the
importance of preserving the temple's traditions.
The debate saw supporters and dissenters take to the streets, with some
advocating for gender equality and others defending religious traditions. Even
after the Supreme Court upheld women's entry, there were ongoing discussions on
how to implement the decision and gain acceptance from the temple's followers.
The Sabarimala case sparked discussions on the intersection of religious
beliefs, constitutional rights, and gender equality, underscoring the complex
challenge of balancing tradition with constitutional principles in India.
·
CITIZENSHIP AMENDMENT ACT,2019:
In 2019, India passed the
Citizenship Amendment Act (CAA) to offer fast-tracked citizenship to persecuted
minorities from nearby countries, specifically non-Muslims. However, this move
triggered massive protests nationwide. People criticized the law for excluding
Muslims and going against India's secular values, seeing it as a threat to the
nation's inclusive fabric. Protests erupted across India, drawing students,
activists, and people from various backgrounds. Many feared that this law,
combined with other plans like the National Register of Citizens (NRC), could
render millions of Muslims stateless if they couldn't provide proper
documentation.
These demonstrations became more than
just opposition to the CAA; they evolved into broader expressions against
government policies, raising concerns about democratic values and the promotion
of a particular religious identity.
The uproar against the Citizenship
Amendment Act highlighted deep-seated debates about identity, secularism, and
inclusivity in India. It sparked worries about the country's direction and its
foundational principles. The protests symbolized citizens' efforts to safeguard
what they saw as the heart of India's diverse and secular identity.
SUGGESTION:
It is important to know
that suggestion that are addressed are ongoing and continuous process. Both
government and the society must be committed to uphold the laws and principles
of the religious freedom and rights provided by the Indian Constitution. Some
suggestions that can be given are,
The policies must be implemented and
enforced in a transparent manner. To guarantee that policies aimed at
safeguarding religious rights are carried out transparently and accountably, it
is imperative to put in place robust systems for supervision and reporting.
These systems are designed to keep a close watch on the implementation of such
policies and take prompt action to rectify any violations or deficiencies that
may arise. This involves creating structures and processes that allow for
comprehensive monitoring of policy progress and the ability to address any
issues or shortcomings in a timely and effective manner. By doing so, it
ensures that the principles of religious freedom and protection of these rights
are upheld in a transparent and responsible manner.
Workshops to be arranged for the
policymakers, civil servants, and law enforcement personnel. The primary
objective of these sessions is to sensitize these individuals to the crucial
significance of religious freedoms and the constitutional safeguards in place.
By participating in these educational programs, they gain a more profound
insight into the complexities and nuances that surround issues of religion.
These workshops and seminars offer a platform for in-depth discussions and
learning, enabling participants to appreciate the multifaceted nature of
religious rights, their legal protection, and their role in fostering social
harmony. Through this heightened awareness, policymakers, civil servants, and
law enforcement officials can make more informed and culturally sensitive
decisions when dealing with religious matters, ultimately contributing to a
more inclusive and equitable society.
Creating awareness among people is a
must and a fundamental step to be performed. Encourage and facilitate a broader
understanding among the general public regarding the importance of religious
rights, especially in a society characterized by its diversity. To achieve this
goal, it is essential to employ a variety of strategies. These strategies
encompass the dissemination of information and messages through public
awareness campaigns, integrating educational content pertaining to religious
rights and interfaith understanding into school curricula, and organizing
community-based initiatives.
By utilizing these methods, we can
actively work towards building a more inclusive and harmonious society. Public
awareness campaigns raise the profile of religious rights, educating citizens
about their legal protections and the significance of respecting the beliefs
and practices of others. Including relevant educational content in schools
equips the younger generation with the knowledge and values necessary for a
more tolerant and diverse society. Community programs foster interfaith
dialogue and collaboration, encouraging individuals from different religious
backgrounds to come together, learn from each other, and build bridges of
understanding. In combination, these efforts promote a climate of respect and
empathy among diverse religious groups, ultimately contributing to a more
cohesive and harmonious society.
CONCLUSION:
The safeguarding of religious rights and freedoms within the Indian
Constitution is a fundamental necessity for preserving the country's rich diversity
of faiths and traditions. India's dedication to upholding these principles
transcends mere legal obligations; it is a testament to its pluralistic
identity. Nevertheless, the implementation and enforcement of policies designed
to protect religious rights encounter formidable challenges and complexities.
These obstacles emerge from the intricate nature of religious freedoms and the
delicate task of balancing individual rights while ensuring that they do not
impinge on the rights of others or come into conflict with other societal
values. Overcoming the challenges of protecting religious rights and freedoms
in India necessitates a sustained and comprehensive effort from both the
government and society. By adhering to these recommendations and maintaining an
unwavering commitment to upholding the principles of religious freedom, India
can further strengthen its diverse and inclusive character while ensuring the
protection of individual rights and beliefs.
BIBLIOGRAPHY:
·
https://lawbhoomi.com/important-cases-dealing-with-article-29-and-30-of-the-constitution-of-india/
PROFILE
OF AUTHOR
V.G. SACHEIN
Alliance
University, Bengaluru.
Ph: 9345413958
ADDRESS: S/O Velusamy, 9/312, Oonjaikadu,
Samiyampalayam,
Katheri(po),
Sankari(Tk),
Salem, Tamil Nadu, 638183.
Article Information
“Protection Of Religious Rights And Freedom Under The Indian Constitution: A Critical Analysis”
Authors: Sachein V G
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/06/17
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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