This article is written by Divya, a 1st year student from NLU,Vizag.
Each day we hear some or another news regarding religious issues in our country be it a small one or big like Babri Masjid case which took so many lives for decades before the judgement came .So let’s learn about our rights for religion.
Immanuel Kant defines religion as “Religion is the recognition of all our duties as divine commands.”
“India has a great heritage and it is a model for religious harmony where people of different religion live peacefully and in harmony.” -Dalai Lama
Religion in India is about personal belief and values to encourage peace, belief and faith. Indian Constitution does not define the term ‘religion’ so it’s left to Supreme Court to determine the judicial meaning of these terms. Our constitution recognises freedom of religion under Article 25 to 28. It gives everyone right to choose and practice a religion. Hinduism, Islam, Jainism, Buddhism, Sikhism and Christianity are some of the major religion practiced by people of India. India has religious-specific laws but in Goa Uniform Civil Code works. By 42nd Amendment in 1976 which is also known as ‘Mini Constitution’ under the government of Indira Gandhi SECULAR was added in preamble of Constitution. Secularism means developing, understanding and respect for different religions. Being secular is neither pro-God or anti- God irrespective of atheist, antagonist and devout. All these rights come with some restrictions on it including health, morality, public order, social reform, social welfare.
CONSTITUTIONAL PROVISION FOR RIGHT TO RELIGION
The rights are enshrined in Article 25 to 28
ARTICLE 25: Freedom of conscience and free profession, practice and propagation of religion. This article provides everyone equal entitlement to freedom of conscience and right to freely profess, practice and propagate religion. Furthermore it shall not prevent the state from making any law relating to economic, financial, political and any social welfare.
THE NATIONAL ANTHEM CASE
Bijoe Emmanuel V. State of Kerala , in this case some students who worshipped only Jehovah refused to sing the national anthem “Jana Gana Mana”. According to them it was against their religious faith. These students stood up respectfully in silence daily in assembly but refused to sing. Headmistress expelled them from school to which SC took an action. Under Article 19(1)(a) and 25(1) has been infringed and held that there is no such provision which obligates anyone to sing the national anthem as it’s not disrespectful if a person stands respectfully and do not sing it.
APPOINTING OF NON-BRAHMIN PUJARI IN TEMPLES
The fact of the case , N. Aditya V. Travancore Devaswom Board were as whether the appointment of non-Malayala Brahmin as ‘Santhikaran’ (Priest or Pujari) of Kongorpilly Neerikode Siva Temple at Kerala is violative of provision of constitution. Court declared if a person is well versed, trained and qualified to perform the puja in an appropriate manner , then despite his caste he can become Santhikaran.
TRIPLE TALAQ CASE
Shayara Bano V. Union Of India
In this case 5 judge bench heard the matter in which if a husband says talaq talaq talaq to his wife it’s a divorce between them. The issue was if the practice of triple talaq comes under personal laws. The practice was declared unconstitutional by 3:2 majority. Muslim Women (Protection of Rights on Marriage) Act, 2019 came in force after it to protect Muslim women from divorce just by pronouncing talaq three times.
RESTRICTING ON FREEDOM OF RELIGION
There was a total ban on firecrackers from 10pm to 6am which produce noise. Same time limits are given for loudspeakers, drums blowing trumpets expect in public emergencies. There is provision for government where it can confiscate these instruments creating noise beyond the limit prescribed.
ARTICLE 26: FREEDOM TO MANAGE RELIGIOUS AFFAIRS
It confers a right establishing and maintaining institution for religious and charitable purposes; manage its affairs regarding religion; owing and acquiring property (movable and immovable) and administering the property.
ACHARAJ SINGH V. STATE OF BIHAR
Supreme Court stated that ‘Bhog’ offered to deity is a practice that can be regarded as religious practice and hence a part of religion.
ATHEIST SOCIETY OF INDIA V. GOVERNMENT OF A.P.
In this petitioner i.e. Atheist Society of India wanted to forbid practice of chanting of mantras, breaking coconuts etc. as their contention was that it is against secularism, but it was rejected by court as it will be against secular policy of India. It would deprive of right to freedom of thought, faith and worship.
‘Religious denomination’ according to Oxford Dictionary means “ A collection of individuals classed together under the same name , a religious sect or a body having a common faith and organisation designated by a distinctive name.”
STATE OF RAJASTHAN V. SAJJANLAL PANJAWAT
In this case SC observed that even though state has power to administer or regulate the properties of the trust , but if it cannot by law take away the right to administer such property and vest it in such another authority that does not even comprise the denomination.
ARTICLE 27 : FREEDOM FROM TAXES FOR PROMOTION OF ANY PARTICULAR RELIGION
It prevents a person from being compelled to pay any taxes for promotion or maintenance of any religion.
HINDU RELIGIOUS ENDOWMENTS, MADRAS V. SRI LAKSHMINDRA THIRTHA SWAMIAR OF SRI SHIRUR MUTT
It was argued by petitioner that taxes are levied by state of Madras which is not competent to do it as it’s not fees. SC held that it is for proper administration of religious institution so that contention was denied.
ARTICLE 28: PROHIBITION OF RELIGIOUS INSTRUCTION IN THE STATE- AIDED INSTITUTIONS
It prohibits providing religious instructions in educational institutes maintained by state funds totally; it doesn’t apply to institution established under endowments or trust requiring religious institution to be imparted in such institution. , any person attending state recognised or state- funded educational institutions is not required to take part in religious instruction or attend any workshops conducted in that premises of educational institution.
D.A.V. COLLEGE V. STATE OF PUNJAB(1971)
In this case contention was about teachings of Guru-Nanak and study of his life which were questioned as being violative of Article 28. Under Section 4 of Guru Nanak University was established in Amritsar (1969) and was wholly maintained by state funds. To which court rejected the contention and stated this can’t be considered as religious instruction.
ARUNA ROY V. UNION OF INDIA (2002)
In the case the new Education Policy based on value education to school children was questioned and even said as anti-secular to which, it was held that there is no violation of article 28 and there can be education for value development based on all the religions.
CONCLUSION
India is a diverse country and religion is an integral part of it and we all are possessive about it. The country doesn’t have religion of it’s own which leads to harmony between all and our constitution also does not promote and support any one religion. It solved all the contentions timely and let the prominence of sanctity of religion intact. Mahatma Gandhi believed that all religions were fundamentally equal and that there should be innate respect for them, not just mutual tolerance. All religions preach love and truth and it’s a binding force not a dividing force.
REFERENCES:
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