TABLE OF CONTENTS

PAGE NO.
PREFACE i
ACKNOWLEDGEMENTS v

CHAPTER-1 1
INTRODUCTION 1

CHAPTER-2 9
HISTORICAL DEVELOPMENT OF RELIGIOUS RIGHTS
AND EVOLUTION OF FUNDAMENTAL RIGHTS. 9

A. DEVELOPMENT OF RELIGIOUS RIGHTS 9

(i) RELIGION : AN INTRODUCTION. 14
(ii) NECESSITY OF RELIGION. 16
(iii) PURPOSE OF RELIGION 17
(iv) FUNCTION OF RELIGION 18
(v) DEVELOPMENT OF RELIGIOUS FAITH IN 22
MODERN SCIENTIFIC AGE.
(vi) PROVISIONS RELATED TO RELIGION UNDER THE 26
GOVERNMENT OF INDIA ACT, 1935.
(vii) CONSTITUENT ASSEMBLY DEBATES ON
RELIGIOUS RIGHTS 27
B. EVOLUTION OF FUNDAMENTAL RIGHTS. 31
(i) GENESIS OF FUNDAMENTAL RIGHTS. 32
(ii) RIGHT TO RELIGION AS FUNDAMENTAL RIGHT
UNDER THE CONSTITUTION OF INDIA. 43

CHAPTER-3 45
CONCEPT AND SCOPE OF RLEIGION IN A SECULAR
STATE. 45

(i) CONCEPT OF RELIGION. 45

(ii) CONCEPT OF DHARMA UNDER HINDU RELIGION 50
(iii) DIFFERENCE BETWEEN RELIGION AND DHARMA 54
(iv) ESSENTIALS OF RLEIGION. 56
(v) SPIRIT OF RELIGIOUS TOLERANCE. 59
(vi) MAJOR RELIGIONS : 63
(a) Hinduism 63
(b) Buddhism 66
(c) Sikhism 66
(d) Christianity 66
(e) Judaism 67
(f) Islam 67
(vii) CONCEPT OF SECULAR STATE. 68
(viii) SECULARISM AND SECULARISATION. 72
(ix) SECULARISM IN THE INDIAN ETHOS. 83

CHAPTER-4 89

SCOPE AND EXTENT OF RELIGIOUS RIGHTS UNDER 89

PART - III OF THE CONSTITUTION.

(i) RIGHT TO FREEDOM OF CONSCIENCE. 89

(ii) RIGHT TO PROFESS RELIGION. 97
(iii) RIGHT TO PRACTICE RELIGION. 99
(iv) RIGHT TO PROPAGATE RELIGION. 100
(v) RELIGION FOR ALL PERSONS. 103
(vi) SOME SOCIAL PROBLEMS RELATED TO RELIGION
AND JUDICIAL VIEWS THEREON. 106
(a) Appointment of a person other than Brahmin
as a Pujari of a temple. 106
(b) Administration and Management of the properties
belonging to the religious groups. 112
(c) Religious gift integral part of Religion or not. 113
(d) Right of sewak to get Prasad and money in
 temple. 114
(e) Denominational Right. 117
(f) Religion and Untouchability. 119
(g) Place of Worship. 124
(h) Choice of Religion. 126
(i) Religious Instruction, not an infringement of
Religious Rights. 127
(j) Practice of Suicide permitted under Religion or not. 133
(k) Devadasi System. 135
(l) An Analysis of Anti Conversion Laws. 140
(i) Constitutionality of Orissa and Madhya
Pradesh Anti Conversion Laws. 151
(ii) Legislative Competence to regulate freedom
of Religion. 171
(iii) Effect of State Anti-Conversion Laws on
Right to Freedom of Religion. 180
(iv) Remedial Measures that can be taken by the
Union Government. 181
(m) Religious and Agricultural Importance behind the
Prohibition of Slaughter of Cow Progeny. 181
(n) Religious liberty vis-a-vis Noise Pollution. 194
(o) Subsidy on Ground of Religion not permissible in
Secular State. 196

CHAPTER-5 199

RESTRICTIONS AND LIMITATIONS ON RELIGIOUS

RIGHTS

(i) PUBLIC ORDER, MORALITY AND HEALTH. 199

(ii) OTHER PROVISIONS OF PART III OF CONSTITUTION.204
(iii) REGULATIONS OF NON-RELIGIOUS ACTIVITIES
ASSOCIATED WITH RELIGIOUS PRACTICE. 205
(iv) SOCIAL WELFARE AND REFORM. 206
(v) THROWING OPEN OF HINDU RELIGIOUS
INSTITUTIONS OF A PUBLIC CHARACTER TO
ALL CLASSES AND SECTIONS. 206
(vi) RESTRICTIONS ON RELIGIOUS RIGHTS UNDER
OTHER STATUTES. 207

CHAPTER-6 209

RIGHT TO RELIGION BASED MINORITIES. 209

(i) HISTORICAL BACKGROUND. 209

(ii) CONCEPT OF MINORITY. 210
(iii) MINORITY RIGHTS. 213
(iv) REGULATION OF MINORITY INSTITUTIONS. 213
(v) MINORITY RIGHTS AND FREEDOM OF RELIGION 219

CHAPTER-7 224

RELIGIOUS RIGHTS : A COMPARATIVE STUDY 224

(i) FREEDOM OF RELIGION UNDER THE

CONSTITUTION OF CHINA AND OTHER LAWS. 224
(ii) RELIGIOUS RIGHTS IN UNITED KINGDOM. 229
(iii) THE EXTENT OF RIGHT TO FREEDOM OF RELIGION
IN AUSTRALIA. 230
(iv) RELIGIOUS FREEDOM IN UNITED STATES. 234
(v) FREEDOM OF RELIGION AS HUMAN RIGHT UNDER
INTERNATIONAL CONVENTIONS. 243

CHAPTER-8 247

UNIFORM CIVIL CODE AND ITS FEASIBILITY. 247

(i) BACKGROUND. 247

(ii) GENDER EQUALITY UNDER INDIAN
CONSTITUTION. 249
(iii) WOMEN AND RELIGION. 249
(iv) MARRIAGE AND RELIGION. 256
(v) FREEDOM OF RELIGION AND UNIFORM CIVIL
CODE. 265
(vi) SECULARISM VERSUS UNIFORM CIVIL CODE. 269
(vii) WORKING OF UNIFORM CIVIL CODE UNDER
INDIAN SCENARIO. 271
(viii) FEASIBILITY OF ENACTING A COMMON CODE. 273

CHAPTER- 9 275

CONCLUSIONS AND RECOMMENDATIONS 275

BIBILIOGRAPHY 298

LIST OF CASES 303