This Article is written by Asrov R Aryavans.
Abstract
This article discusses the Freedom of Religion in India and the strong faith of people towards their respective religions. Religion varies from person to person and it totally depends on choice and belief. Simultaneously, it discusses Article 25 – 26 of the Indian Constitution, Section 494 of the Indian Penal Code and Section 17 of the Hindu Marriage Act,1955.
Introduction
India has been the birthplace of quite a number of religions and also it’s acknowledged because the country which is that the land of spiritual beliefs, culture and philosophical thinking. Perception concerning Religion varies from person to person. It’s entirely a matter of choice and belief. If we attend to the Indian scenario, it is often concluded that when it involves their religion, people during this country have a robust faith and dependence. The reason behind having strong faith could also be that they perceive that religion adds meaning and reason to their lives. People having strong faith will never stop their fidelity towards their respective religions.
Freedom of Religion Under Indian Constitution
Various fundamental rights are provided also as guaranteed by our Indian Constitution under Part III. Amongst them, freedom of religion is additionally the one provided which is given under Article 25-28 of the Indian Constitution. India, being a secular nation gives every citizen the proper to follow the faith he believes in.
What is a Secularism?
A secular state is claimed to be the one where there’s no official religion followed. To understand it more clearly, secularism is defined within the case of S.R. Bommai v. Union of India, where it had been held that secularism is that the essential feature of the Indian Constitution. Religion could also be a matter of individual faith and cannot be mixed with secular activities.
Concept of Freedom of religion
Every citizen is entitled to this right and liberty to evangelise, practice and propagate the faith of his choice. An opportunity is additionally provided by this right to spread it among everyone with no fear of state intervention. But it is also expected by the state to practice it amicably within the jurisdiction of the country. India may be a land of diversity being in terms of race, religion, creed, caste and community. When it involves exercising some other religion, India is neutral, unbiased and impartial. It is ensured by our Indian Constitution that no citizen is bereft of his right to practice and profess his or her religion.
Concept of Secularism under Indian Constitution
In the year 1976 Indian Constitution was amended for the 42nd time. Under the 42nd amendment, 1976 of the Indian Constitution, the term Secular was inserted in our preamble. Secularism has direct provisions but their languages were res ipsa loquitor. As Secularism has been inserted under the Indian Constitution. So, it has high regard and utmost importance is given to the present concept. Secularism is usually seen as high regard and enjoys dignified recognition within the eyes of the law. According to the Constitution, the allocation of this right is to supply an event to each person to declare in open which too with none hesitation the faith he believes or he wants to profess. There are certain judgments that specifically deal with secularism like within the case of S.R.Bommai[1] and the case of Keshvananda Bharti v. Union of India[2], where it had been held that secularism is that the basic feature of the Indian Constitution and no provision of legislation which can deduct or abridge this right.
Constitutional Provisions
Articles 25-28 of the Indian Constitution[3] guarantee the proper freedom of faith to all or any citizens who are residing within the territory of India.
- Freedom of conscience and free profession of faith .( Article 25)
- Freedom to manage religious affairs (Article 26)
- Freedom from payment of taxes for promotion of any particular religion( Article 27)
- Freedom to attend religious instructions ( Article 28) ·
Article 25 – Article 25 guarantees that the freedom of conscience, freedom to profess, freedom to practice and freedom of propagating religion to all citizens. These freedoms are subject to public order, health and morality. This article gives provisions that the State can make new laws: That regulates and restricts any financial, economical, political or other secular activity which is associated with any religious practice. That provides the social welfare, reform or opening up of Hindu religious institutions of a public character to all sections and classes of Hindus. Under this provision, Hindus are construed as including the people professing the Sikh, Jain or Buddhist religions and Hindu institutions will be construed accordingly. People of the Sikh religion who have faith in wearing & carrying the kirpan shall be considered as included in the profession of the Sikh religion.
Article 26 – Article 26 provides every religious value should have the following rights, subject to morality, health and public order. The right to make and maintain institutions for religious and charitable purposes. The right to handle its own affairs in the matter of religion. The right to procure immovable and movable property. The right to administer such property according to the law.
Article 27 – Article 27 of the Constitution says that there can be no taxes, the proceeds of which are directly used for the promotion and maintenance of any particular religion or religious values.
Article 28 – Article 28 permits the educational institutions that are maintained by religious groups to publicize religious instruction. This provides that no religious instruction shall be provided to the State level educational institutions. Educational institutions administered by the State government but that were established under any endowment or trust which requires that religious instruction should be circulated in such institutions are exempt from the above clause.(No religious instruction shall be provided)
Any person who attends any educational institution recognized by the State or State aid shall not be required to participate in any religious activities that may be imparted in such institution or attend any religious worship in such institutions unless he or she has given consent for it. But in the case of minors, the guardians will give consent for it.
- In the case of Sarla Mudgal V. Union of India[4], it had been held that conversion to the other religion by either one or both the spouses isn’t in the least a ground to possess the wedding dissolved.
- In the case of Mohd . Hanif Quareshi v State of Bihar[5], wherein it had been claimed by the petitioner that the sacrifice of the cows during Bakr- Id was an important a part of his religion but this argument was rejected by the court as the sacrifice of cow on the Bakri-Id day wasn’t an important a part of the Mohammedan religion. Therefore it can be prohibited by State under clause (2) (a) of Article 25.
- Section 494[6] of Indian Penal Code
Marrying again during the lifetime of wife or husband – Any person having a wife or husband living, marries someone else in any condition then such marriage is said to be void by reason of its taking place during the life of wife or husband will be punished under this section with imprisonment of either for a short term which may be extended to seven years and will be liable for fine too.
- Section 17[7] of Hindu Marriage Act, 1955 (Punishment of bigamy)
Any marriage between two Hindus after the commencement of this act will be void if at the time of such marriage either party had a husband or wife living and the provisions under Section 494 and Section 495[8] of the Indian Penal Code will be applied accordingly.
Conclusion
It can be concluded that religion plays a vital role. An integral part is played by it to influence the minds of people. Especially in Indian society, religion plays an important role in governing the conduct and the life of the person. But when it comes to religion, Indians are highly possessive in this matter. If anyone tries to hamper then they become alert. It is very critical to maintaining some decorum while exercising this right in order to avoid any kind of future menace.
[1] S.R. Bomani v. Union of India, 1994 AIR 1918, 1994 SCC (3) 1.
[2] Keshvananda Bharti v. Union of India.
[3] Article 25 – 28 in The Constitution of India, 1949.
[4] Sarla Mudgal V. Union of India, AIR 1995 SC1531.
[5] Mohd . Hanif Quareshi v State of Bihar, 1958.
[6] Section 494 of The Indian Penal Code.
[7] Section 17 of The Hindu Marriage Act, 1955.
[8] Section 495 of The Indian Penal Code.