The Indian Constitution, while granting the right to freedom of religion, also sets certain restrictions to ensure that this freedom is not misused or misconstrued. The right to freedom of religion in India is primarily encapsulated in Articles 25 to 28 of the Constitution. Here’s a breakdown:
1. Article 25: Freedom of conscience and free profession, practice and propagation of religion
Clause (1): This guarantees to all persons the freedom of conscience and the right to freely profess, practice, and propagate religion.
Clause (2): This clause makes it clear that the State can regulate or restrict any economic, financial, political or other secular activity which may be associated with religious practice. It also states that the State can provide for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
2. Article 26: Freedom to manage religious affairs
- This allows every religious denomination the right to establish and maintain institutions for religious and charitable purposes, manage its own affairs in matters of religion, own and acquire movable and immovable property, and administer such property in accordance with law.
3. Article 27: Freedom from taxation for promotion of any particular religion
This ensures that no person can be compelled to pay any taxes which will be used for the promotion or maintenance of any particular religion or religious denomination.
4. Article 28: Freedom from attending religious instruction
This article states that no religious instruction shall be provided in any educational institution wholly maintained out of State funds.
While the above articles grant freedom of religion, the Constitution also provides for certain restrictions:
1. Public Order, Morality, and Health: Even while granting the right to freely profess, practice, and propagate religion, Article 25(1) makes it subject to public order, morality, and health. This ensures that a religious practice that might be detrimental to the larger society cannot claim protection under the guise of religious freedom.
2. Restrictions on Religious Conversions: The freedom to propagate one's religion does not imply the right to convert another person to one's own religion. Some states in India have enacted laws to prevent conversions that are forced, induced through fraudulent means, or take place for monetary considerations.
3. Protection of the Rights of Scheduled Castes: The State can make any law regulating or restricting any economic, financial, political, or other secular activity associated with religious practices. For instance, to abolish untouchability and protect the rights of Scheduled Castes, certain religious practices that discriminate against them can be restricted or banned.
4. Throwing open of Religious Institutions: The State has the power to legislate for the opening of Hindu religious institutions of a public character to all sections of Hindus.
5. Regulation of Denominational Institutions: While religious denominations have the right to manage their own affairs, this is still subject to regulations made by the State in the realm of reform and social welfare.
In essence, while the Indian Constitution provides a robust framework for the freedom of religion, it also ensures that this freedom does not infringe upon the rights and well-being of others or the broader societal good.
