RELIGIOUS

FREEDOM
IN INDIA
CONTENTS

 INTRODUCTION
 ABOUT FREEDOM OF RELIGION
 LAWS AND INDIAN CONSTITUTION
 POST INDEPENDENSE STATE LAWS
 ARTICLE 28
 CONCLUSION
 BIBLIOGRAPHY
INTRODUCTION

India, most popularly acknowledged as the land of spiritual beliefs, philosophical

thinking, culture, has also been the birthplace of quite a few number of religions
out of which some of them exist in this era as well. ‘Religion’ is entirely a matter
of choice, perception and belief. When it comes to people who are extremely
devoted to their religion , they leave no stone unturned in showing substantial
amount of fidelity towards their respective religion.
It is evident from the past that Indians have been sensitive regarding their
religious beliefs and customs. Whenever a foreign ruler tried to interfere with the
people’s customs or religious practices, they became disgruntled and revolted.
Even the immediate cause behind the Revolt of 1857 (the First War of
Independence) was that Mangal Pandey was forced to act against his religious
beliefs. He was forced to pull off the cartridge of the gun from his mouth which
was believed to be greased with a mixture of cow and pig lard. In Hinduism,
cows are worshipped like ‘mother’ whereas Muslims believe pigs are impure,
they not only avoid to pronounce pig but also consider it as a sin to think about
pig. When Britishers disrespected their faith, it became a serious cause of revolt
and led people to revolt against the British Raj.
Indians are still the same when it comes to their faith and religion. Their religious
sentiments are one of the most important concerns in their life. Even now if
anyone messes up with their religion and culture, they consider it as their duty to
protect their religion and get the accused punished for it. But it is not necessary
that every act against someone’s faith and belief is wrong in the eyes of law.
There may be instances where people’s religious sentiments are hurt without any
legal wrong. Therefore, giving freedom of religion not only becomes necessary
for securing the religious rights of people but also to define the scope of what
could be considered as a legal wrong against religion.
ABOUT RIGHT TO FREEDOM OF RELIGION
The Indian Constitution guarantees various fundamental rights to the citizens.
One of the fundamental rights guaranteed by the constitution also includes right
to freedom of religion. India is a secular nation and therefore every citizen
residing within the territory of India has the right to follow the religion he
believes in . This right basically entitles every Indian citizen and gives him the
liberty to preach practice and propagate the religion of his choice . This right
gives leisure to to sermonize about his religion , gives him the opportunity to
spread it among everyone without any fear of governmental vengeance and also
gives him the assurance to practise it in an amicable manner within the
jurisdiction of the country.
Laws and Indian Constitution
The Preamble of the Indian Constitution has the word "secular", and articles 25
to 28 implying that the State will not discriminate, patronise or meddle in the
profession of any religion.However, it shields individual religions or groups by
adding religious rights as fundamental rights. Article 25 says "all persons are
equally entitled to freedom of conscience and the right to freely profess, practice,
and propagate religion subject to public order, morality and health." Further,
Article 26 says that all denominations can manage their own affairs in matters of
religion. All these rights are subject to be regulated by the State.[
The Indian version of secularism is a little bit different from what is understood
in the western European countries. In the west, state and church(religion) is
separate and do not intervene in each other's internal affairs. But this is not the
case with India, here secularism means 'respect for all religions' and 'keeping a
principled distance from each religion. The Indian constitution permits the
central government to intervene in religion but this intervention should be based
on constitution only. If some tenets, principles or beliefs of any particular
religion violates the constitution or the law of the land, then the Indian
government is mandated to intervene and remedy the situation. Government of
India has for a few times have intervened in religions historically as mandated by
the constitution. The enactment of anti-untouchability act(SC/ST Act,1989) and
also the recent law banning triple talak among the muslim community is example
of this constitutionally mandated intervention. Government also intervene when
women of any religion are denied opportunities or equality as gender equality is
guaranteed by the Indian constitution.
Article 25 (2b) uses the term "Hindus" for all classes and sections
of Hindus, Jains, Buddhists and Sikhs 1. Sikhs and Buddhists objected to this
wording that makes many Hindu personal laws applicable to them. However, the
same article also guarantees the right of members of the Sikh faith to bear
a Kirpan.2 Religions require no registration. The government can ban a religious
organisation if it disrupts communal harmony, has been involved in terrorism or
sedition, or has violated the Foreign Contributions Act. The government limits
the entry of any foreign religious institution or missionary and since the 1960s,
no new foreign missionaries have been accepted though long term established
ones may renew their visas. Many sections of the law prohibit hate speech3 and
provide penalties for writings, illustrations, or speech that insult a particular
community or religion.
Post-independence state laws
The Article 25 of the Indian Constitution is a basic human right guarantee (see
Articles 18 and 19 of the Universal Declaration of Human Rights) that cannot be
subverted or misinterpreted in any manner.[25] Anti-conversion laws are
promulgated on the premise that forced or induced conversions happen and need
to be prevented.
A consolidation of various anti-conversion or so-called "Freedom of Religion"
Laws has been done by the All Indian Christian Council4 . Several Indian states
passed Freedom of Religion Bills primarily to prevent people from converting to
Christianity. Orissa was the first state to bring such law named as 'Orissa
Freedom of Religion Act, 1967'.[28] It was followed by Madhya Pradesh in 1968
and Arunachal Pradesh in 1978. Catholics protested against this saying that
propagation of their faith was an important part of Christianity. Both laws
enacted by the Orissa and Madhya Pradesh high courts were challenged stating
Article 25 of the Constitution.

1
Boyle, Kevin; Sheen, Juliet (7 March 2013).
2
The Constitution of India, Right to Freedom of religion, Article 25 
3
"Religious Persecution in India"
4
"Laws & Policies". All India Christian Council.
Everyone has a different approach when it comes to practising their religion but
at the same time it is disallowed to practise it in a manner which will incite
violence and encourage hatred among the masses.The law does not permit any
citizen to impose his religious views or opinions on other individuals .
Every citizen is expected to preach his religion in a rational manner. Immersing
into immoral and illegal activities in the name of religion and disturbing the order
and unity of the country is not permissible. It is an undeniable fact that every
individual has its own ways and means to practise his respective religion , but it
shouldn’t proceed in a haphazard fashion. An individual is not answerable to
State for the variety of his religious views.
The right of worship was granted by God for man to worship as he pleased. Law
cannot compel any individual to practise a particular form of worship. But
undoubtedly the law has the right to cease the practise of any kind of malicious
and corrupt religious activities being carried on, for the purpose of maintaining
order and discipline in the country. When a person adopts an illegal way of
practising or promoting his religion, it sets a bad example for the existing masses
as it conveys to them that everyone is entitled to exercise the freedom of religion
allocated to them , in any manner even though it might be unlawful and unethical
in the eyes of law. Every religion has its own code of conduct, rituals,
ceremonies modes of worship etc, but while following and obeying the same an
individual should take into account that decency and morality is maintained . He
needs to be aware that the religious activities he resorts to does not give rise to
any kind of conflict and cause destruction of the property and life of the people in
the society. Law will take the requisite steps and measures if at all any acts
endangering the safety and unity of the country is projected in its eyes.
ARTICLE 28 OF INDIAN CONTITUTION
Central Government Act
Article 28 in The Constitution Of India 1949
28. Freedom as to attendance at religious instruction or religious worship in certain educational
institutions
(1) No religion instruction shall be provided in any educational institution wholly maintained out of
State funds
(2) Nothing in clause ( 1 ) shall apply to an educational institution which is administered by the State
but has been established under any endowment or trust which requires that religious instruction shall be
imparted in such institution
(3) No person attending any educational institution recognised by the State or receiving aid out of State
funds shall be required to take part in any religious instruction that may be imparted in such institution
or to attend any religious worship that may be conducted in such institution or in any premises attached
thereto unless such person or, if such person is a minor, his guardian has given his consent thereto
Cultural and Educational Rights

CONCLUSION
Religion occupies a vital place in the human lives. Granting religious freedom
permits different beliefs, opinions, deductions that people have in accordance to
their own religion, to bloom as well as develop in the society . It plays an integral
part in influencing the minds and convictions of the people. It also plays an
indispensable role especially in the Indian society in governing the conduct as
well as the behaviour of the people. Indians are extremely possessive when it
comes to their religion and they become alert as soon as any person tries to
hinder it or creates an obstacle in their journey of religious worship.  Law gives
all the Indian citizens the sanction to practise this right in order to strengthen the
harmony and oneness in the country, but at the same time the state has the right
to interfere when the abuse or any kind of wrong usage of this right is projected
in front of its eyes.
BIBLIOGRAPHY

 https://indiankanoon.org/doc/1734560/

 https://blog.ipleaders.in/freedom-of-religion-under-the-indian-constitution-

2/

 http://www.legalservicesindia.com/law/search2.php?q=article+28

 https://www.forbes.com/sites/ewelinaochab/2019/01/12/religious-freedom-

is-on-the-decrease-in-india/#2ead2ba2403b