The rights related to freedom of religion are primarily incorporated in Articles 25 to 28 of the Indian Constitution. Here's a detailed breakdown:
1. Article 25 - Freedom of Conscience and Free Profession, Practice, and Propagation of Religion:
It guarantees every person the freedom of conscience and the right to freely profess, practice, and propagate religion.
However, this freedom is subject to public order, morality, and health. This means that religious practices that are contrary to general societal morality or health standards can be restricted.
The state also has the power to regulate or restrict any economic, financial, political, or secular activities associated with religious practices.
2. Article 26 - Freedom to Manage Religious Affairs:
Every religious denomination or any section thereof has the right:
a. To establish and maintain institutions for religious and charitable purposes.
b. To manage its own affairs in matters of religion.
c. To own and acquire movable and immovable property.
d. To administer such property in accordance with the law.
3. Article 27 - Freedom from Taxation for Promotion of a Religion:
- No person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious group. This ensures that the state does not favor or promote a particular religion using public funds.
4. Article 28 - Freedom from Attending Religious Instruction:
No religious instruction shall be provided in any educational institution wholly maintained out of state funds. However, this provision does not apply to institutions administered by the state but established under any endowment or trust requiring imparting of religious instruction.
No individual attending any educational institution recognized by the state or receiving funds out of state funds shall be compelled to attend religious education or worship without his/her consent.
Additional points of consideration:
Non-discrimination on the Grounds of Religion (Article 15 and Article 16): These articles ensure that there's no discrimination against any citizen on the grounds of religion. Article 15 specifically prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. Article 16 guarantees equality of opportunity in matters of public employment and ensures that no citizen can be discriminated against in employment on the grounds of religion.
Protection of Interests of Minorities (Article 29): Any section of citizens with a distinct language, script, or culture has the right to conserve it, and no citizen can be denied admission to any educational institution on the grounds of religion.
Cultural and Educational Rights (Article 30): All minorities, whether based on religion or language, have the right to establish and administer educational institutions of their choice.
These provisions collectively emphasize the Indian state's secular character and underscore the importance of freedom of religion in the country. It’s evident from the Constitution that India seeks to respect and protect religious diversity, ensuring that all its citizens, irrespective of their religious beliefs, coexist harmoniously.
