RELIGIOUS LIBERTY IN SOCIETY IS ERODING BY - SHERIN FARHANA EV
RELIGIOUS LIBERTY
IN SOCIETY
IS ERODING
AUTHORED BY - SHERIN FARHANA EV
ABSTRACT
Religious freedom is essential for protecting human dignity and ensuring
healthy dialogue in society. In
addition to allowing people of different religious persuasions the free
exercise of religious beliefs
and duties, religious freedom permits members of missionary religions to promote
their religious values and beliefs. Promoting religious worldviews can
contribute positively to energizing
civil society as long as it is done under the principles of compassionate
dialogue and mutual respect. Religion
is a subject of faith or belief. In many people's perspective, religion has become the central subject of both
prejudice and violence. The faithful's responsibility is to not condemn others or look down on those who
have different understandings and faiths, but to appreciate their choices and do their best to live an upright
life and embody the principles of their religion
via good labour and good acts. The Indian constitution realizes the role of
religion in the lives of Indians and,
as a result, guarantees for the right to religious freedom in Articles 25 to
28. The Indian Constitution envisions
a secular paradigm and states that everyone has the right and freedom to choose and practice their
religion. Any religion's principal goal is to help people see life in a new light and appreciate its significance in the progress and elevation of human awareness. There have been allegations of
religiously motivated homicides, assaults, riots, discrimination, vandalism, and activities that limit people's freedom to exercise
and express their
religious views. Every Indian citizen has the right to
select and follow his or her own religion. This privilege is derived from Article 25 of the Indian
Constitution. This paper provides a theoretical introduction to the study of discrimination with
particular reference to the religion even though Religious freedom is guaranteed under Indian constitutions and other International agreements but still
these principles are not always enforced.
Keywords: Religious Economy; Religious
Restrictions; Religious Freedom;
Globalization.
“The purpose of all the major
religious traditions is not to construct big temples on the outside,
but to create temples of goodness and compassion inside, in our hearts”.- Dalai Lama
INTRODUCTION
When our
country gained independence in 1947, it adopted secular views in terms of
religion. Religious freedom in India is deteriorating and has been declining for at least a decade. As a result, religious minority' struggle has reached
unprecedented heights. Despite the fact that the right to freedom
of religion or belief is explicitly guaranteed in India's 1949 Constitution.
Despite the fact that religious
freedom is protected, no reforms will occur until the government takes serious measures
to fight religiously motivated violence.
Several states, including Odisha,
Madhya Pradesh, Chhattisgarh,
Gujrat, Arunachal Pradesh, and Himachal Pradesh, have passed anti- conversion legislation. Such anti-conversion
legislation prevents people from freely practicing their faith, which is a recognized freedom under
international law. Only a God-realized Soul, it is believed, may create a new religion. The issue, though, is
with their followers. Religion is based on
faith and when there are multiple types of faith, the conflict arises and
conflict is unavoidable. Followers
mindlessly adhere to their religion
and no religion promotes intolerance toward another. After witnessing the damage produced
in the name of religion, many people want to seek the truth
with open eyes rather than faith. Insofar as faith is concerned, they use their intellect
and objectivity to arrive at a decision. They want to
have a taste of the reality for themselves. They do not like to comply just because something is
described in a certain book. Communal violence is also largely seen as a national concern among Indians
along with other problems, such as unemployment and corruption. Communal violence is a major issue in India and its
widely effecting the society and individual
mindset. Furthermore, religious minorities face widespread discrimination in
India, which is codified in
legislation. Anti-conversion and anti-cow slaughter legislation, for example, are frequently used to discriminate against religious minorities or to legitimize extrajudicial deaths, violence, and forced conversions of non-Hindus to Hinduism.
RELIGION:
Beliefs in the spiritual component of
existence have existed from the beginning of time. Many human cultures have left
us historical evidence of their belief systems, whether it was sun worship, god
and goddess worship, knowledge of good and evil, or knowledge of the holy.
Religions and other belief systems in our surroundings have an impact on our
identity, whether we identify as religious or spiritual or not. Simultaneously
time, other aspects of our identity, history, and attitudes toward other religions
and "other" groups will impact how we understand that religion or belief
system.
Religion is a collection of
structured ideas, practices, and systems that most typically pertain to the
belief and worship of a dominating power, such as a personal god or another
supernatural creature.
Religion frequently contains cultural
ideas, worldviews, scriptures, prophesies, revelations, and values that have spiritual
importance to adherents of the specific faith, and it can include a variety of
behaviors such as sermons, rituals, prayer, meditation, holy locations,
symbols, trances, and feasts. Religion, according to the great psychologist
Sigmund Freud, is a sort of desire fulfilment. Cognitive science, on the other
hand, acknowledges that religion may play a vital part in an individual's life
and experiences, and can even promote health and well-being. Religion, in fact,
has been demonstrated in studies to help individuals create good habits, manage
their behavior, and comprehend their emotions—all of which can have an impact
on their health. The Indian constitution have taken measures that stress total legal
equality of its inhabitants regardless of faith or belief, and it forbids any
kind of religious discrimination. It also protects religious minorities, although
in limited ways. Minorities are still subjected to discrimination and
persecution due to the result of a combination of excessively broad or
ill-defined legislation,ineffective criminal justice system, and a lack of jurisprudential
coherence.
There are many different types of religions, including the major world religious traditions that are widely known as well as much lesser-known belief systems of smaller populations. [1]Some of these
represent monotheism, or the belief in a single god, while others are examples
of polytheism, or the belief
in multiple gods. Religion would be used for a range of functions. Religion
may provide solace and guidance. It can serve as a
foundation for moral views and conduct. It can also give a sense of belonging and a link to
tradition. Some studies even show that it may have a negative impact on health. When we talk about
religion and prejudice, the most apparent and always essential starting point is a discussion of religious freedom.
The protection of one's rights
regarding religious
belief, belonging, and practise truly belongs to the most important components of human identity and a human person's integrity. Being denied the ability to practise one's faith is frequently linked
to other forms of religious
discrimination. It is such a major
issue that it may be considered one of the most prominent
symptoms of the core problem
of prejudice. Religions
have historically been the source of much bloodshed. Many
conflicts have been waged in the name of religion. Religious violence is a sensitive issue, and religious conflicts
continue to rage in some regions of the
world. For a long time, global religions have been impediments to the
advancement of our civilisation.
There are many who eagerly desire the end of the world so that they might go to paradise and live forever. In the
framework of religions, it is most likely the most aggressive notion,
which may be found with required explanation in many holy books.Religion's influence
on health and life expectancy
has long been a difficult topic of study. It appears (to some) that religious
individuals—defined here as persons who engage religious
services on a regular basis—
are healthier than those who do not.Some of the types
of religions include
·
Baha'i
·
Buddhism
·
Christianity
·
Confucianism
·
Hinduism
·
Indigenous American
religions
·
Islam
·
Jainism
·
Judaism
·
Rastafarianism
·
Shinto
·
Sikhism
·
Taoism
·
Traditional African
religions
·
Zoroastrianism
INDIAN CONSTITUTIONAL PROVISIONS RELATING
TO RIGHT OF RELIGION
·
Article 26: Freedom to manage religious
affairs.
·
Article 27: Freedom as to
payment of taxes for promotion of any particular religion.
·
Article 28: Freedom as to attendance
at religious instruction or religious worship in certain educational institutions.
JUDICIAL PERCEPTION OF THE RIGHT
TO
FREEDOM OF RELIGION
Religious violence can be aimed towards individuals, religious
organizations, cultural symbols, religion
leaders, or authoritative figures. It can be generated by overzealous
individuals driven solely by their own psychological difficulties, or it can be caused collectively by groups of people as part of their social, cultural,
national, or communal expression and domination. In a diverse community where people from many origins follow several religions, unavoidable
conflicts concerning social,
economic, and racial concerns
may lead to religious violence. It is also true that
violence is ingrained in human nature, and that emotions and illogical
conduct may readily persuade
others. Many motives motivate[3] them to engage in violent activity, and religious devotion
or allegiance is one of them. Religious disputes can arise as a result
of political and intellectual differences. The freedom of religion section
in the Constitution, Article 25, gives the right "freely to profess, practise, and spread religion," but the
meaning of the right "to propagate" and its relationship to the freedom to convert has sparked debate. As a
result, the topic of religious violence
is complicated and should not be oversimplified with broad generalisations.The
phrase "religion" is not defined
in the Constitution, and it is unlikely
to be rigidly defined. In a number
of judgments, the Supreme Court has defined it. A religion is unquestionably a matter of faith, but it
is not always theistic. Religion is defined as "a system
of beliefs or doctrines held by
persons who profess that religion to be helpful to
their spiritual well-being," yet it would be incorrect to claim that religion is nothing
more than a theory or belief. Dr.B.R.
Ambedkar addressed the necessity to define
religion for the first time in India when the topic of personal law and its
relationship to religion came up for
debate in the Constituent Assembly. According to Dr. B.R. Ambedkar, what constitutes a "religion" or "matters of religion" is to be determined by confining to religious beliefs
and ceremonials that are believed to be basically religious in a
specific religion that is under judicial examination.
RELIGIOUS VIOLENCE
Religions have
been the source of enormous violence and misery for many people in the past and present. It is not required for such violence to be perpetrated solely
through physical acts of assault.
Religious violence can be used to discriminate, demonise, provoke,
diminish, or hurt specific groups or
individuals in a variety of ways, both explicit and implicit. Religious
violence is not often perpetrated
only by religious organisations. To further their political and ideological
goals, secular forces may provoke
religious violence or exacerbate religious sentiments. Religions are supposed
to bring people together in peace and harmony. They are designed
to bring out the finest
in humanity by elevating human character and consciousness to the level
of God. However, they frequently do
the exact reverse.[4] Instead
of reducing people's pain and giving them with comfort, they frequently result in violence and killing. Certain
rational and irrational views supported or justified
by texts, tradition, or precedent
may increase or promote violent conduct. Divide and rule
tactics frequently arouse community tensions and lead to deadly
conflicts in democratic societies and secular
states. Religious violence
is employed by authorities in theocracies to ensure obedience, allegiance, and discipline. The
partition of India in 1947 was one of the deadliest examples, with millions of people killed in both India and
Pakistan as a result of ethnic riots. Certain
political ideologies also discriminate against religious individuals because of
their beliefs and ideals, causing
animosity and enmity. Religions have a harmful impact on human behaviour and beings that cannot be disputed or
disregarded. History has shown that organised religions based on strict
doctrine and preaching
ideologies are vulnerable to abuse, violence,
and prejudice, particularly
when political, social, and economic variables are present. The following facts
are noteworthy in this regard.
·
Organized religions arouse powerful emotions
in weak brains,
which entrenched interests may readily exploit.
·
By instilling group identities and collective egos in
their adherents, they plant seeds of separation and reject, which can lead to religious and communal stratification of society.
·
They promote devotion and submission to biblical
authority, which may be exploited by conventional power organisations to manipulate their adherents' emotions.
·
They explain their faith's spread by promising
celestial benefits to those who practise it.
Some even support the use of violence against those who disagree or
refuse to follow. It puts them in
direct opposition with one another, creating a climate of dissension and instability.
·
Religious wars
·
Religious persecution
·
Destruction of sacred places
·
Forced
conversions
·
Extremism in religion
The individuals who practise their religions, not the
religions themselves, are mostly to blame for
these issues. People who are uninformed, impure, and evil-minded will
abuse their faith for personal gain.
While they may take satisfaction in their separate dharmas' supremacy, they
fail to uphold the ideals
that they are required to preserve. It's as if having a religious identity
or allegiance is more essential
than practising it or expressing it via one's personality, behaviour, and conduct.
ISSUES AND DISCRIMINATION IN RELIGION
Communal
violence is also largely seen as a national concern among Indians (along with
other problems, such as unemployment
and corruption). Communal violence is a major issue in India, according to the majority
of individuals from various religious
origins, educational levels,
and age groups. Furthermore, religious
minorities face widespread discrimination in India,
which is
codified in legislation.[5] Anti-conversion
and anti-cow slaughter legislation, for example, are frequently used to discriminate against religious minorities or
to legitimise extrajudicial deaths, violence,
and forced conversions of non-Hindus to Hinduism. For the first time since
2004, the United States Commission on
International Religious Freedom designated India as a "country of special concern" last month. The
judgement underscores rising religious hatred and sectarianism in India, which was exacerbated by the Citizenship Amendment Act (CAA) approved in December.
Discrimination and intolerance have a harmful influence on society as a whole,
and especially on young people
who are subjected to it. Among these impacts
are:
·
Self-esteem issues
·
Self-segregation
·
Internalized tyranny
·
Failure to realise
their potential
·
Attraction to violent
extremist ideologies
The CAA's use of religious identity as a criterion for citizenship has provoked tremendous outrage and protest
both in India and overseas
in the five months afterwards. However,
while contentious, it is far from a unique strategy.
The Supreme
Court of India fully explored constitutional issues in India and its secularism
in the landmark decision of S.R.
Bommai v. Union of India (1994). "Whatever the attitude of the State towards religions, religious sects, and
religious denominations; religion cannot be merged with any secular activity of the State," wrote Justice Kuldip
Singh, who was on the nine-member justices'
panel.[6] The
Indian Constitution's preamble forbids the development of a theocratic state and prohibits
the state from associating with
or otherwise promoting any specific
religion. Furthermore, the
constitution has various sections emphasising total legal equality of its
residents regardless of faith or
belief and prohibiting any kind of religious discrimination between them. However,
there is no distinction between religion and the state in law or practise;
in reality, the two frequently intrude in each other's
realm within legally authorised and judicially established bounds.
CAUSES FOR RELIGIOUS DICRIMINATION
·
Ineffective criminal justice
system, and a lack of jurisprudential coherence.
·
The Indian type of secularism, in which there is no legal or practical separation between religion and the state.
·
Discriminatory constitutional measures
that promote the dominant religion
while limiting minority' separate identities.
·
Reform anti-conversion legislation and recognize that conversion and reconversion via the use of Force, deception, or allurement are all harmful
and should be avoided.
·
Infringe on an individual's right to conscience.
·
Administrative structures become more bureaucratic.
FREEDOM
OF RELIGION & HUMAN RIGHTS INSTRUMENTS:
Article 18 of
the Universal Declaration of Human Rights state that “Everyone has the right to freedom of thought, conscience, and
religion; this includes the freedom to change his religion or belief, as well as the freedom to manifest
his religion or belief in teaching, practice, worship, and observance, whether alone or in community
with others, in public or private”.This was eventually reinforced in the International Covenant on Civil and Political Rights, as well as in a number
other regionally enforceable
human rights instruments, such as the African Charter on Human and People's Rights (Article 8) and the
European Convention on Human Rights and Fundamental Freedoms (Article 9).
SUGGESTIONS
In India,
problems are mounting up for religious minorities. To guarantee that everyone
has the right to freedom of religion
or belief, India must implement an immediate and comprehensive reaction.
Religiously motivated violence
or violence against
religious minorities must be thoroughly investigated and offenders brought to justice.
Victims of such crimes must receive aid. To
fully implement India's international legal commitments, the anti-conversion
laws must be removed. However,
in order for policymakers and activists to address the magnitude of the
problem, we need a more complete understanding of how religious freedom
may effectively connect with long-term peace
and development. The ultimate objective is to find a larger
range of criteria that will complement present
strategies and lead to a more sophisticated, strategic, and impactful policy and
practice of furthering religious freedom. The faithful's obligation is to accept others' choices and do their best to
live an honorable life and represent the ideas of their religion via good labour and good actions, but rather
to criticize or look down on people
who have different conceptions and religions.
CONCLUSION
Religious
violence will continue to exist as long as religions exist, owing to their very
divisive character. Some types of
religious violence, as well as their severity, can, however, be reduced to some extent on both an individual and
societal level. Religious institutions must present accurate information to its followers in order to
achieve this. To deter people who resort to violence to resolve their conflicts, governments should adopt severe
regulations and enforce them without distinction.
People must promote tolerance while focusing on the positive parts of their
religions. Most significantly,
religious radicals must be isolated and subjected to strong sanctions and deterrents, regardless of whose religion
they belong to.
[3] Notes on
Religion and Politics,” in Bjorkman (ed.), Fundamentalism, Revivalists and
Violence in South Asia, 10 & 11
[4] Brian J. Grim and Roger Finke,
The Price of Freedom Denied:
Religious Persecution and Conflict in the Twenty-First Century (New York: Cambridge University Press, 2011
[5] Anand, D. ‘The Violence
of Security: Hindu Nationalism and the Politics
of Representing ‘the Muslim’ as a Danger’
in The Round Table Vol.94 No.379,
2005
[6] Brass, P.R. ‘The Production
of Hindu-Muslim Violence in Contemporary India’ in Olle Törnquist (ed.) Political
Violence: Indonesia and India in Comparative Perspective, (University
of Oslo Centre for Development and the Environment,
2000