COMPARATIVE STUDY OF RIGHT TO RELIGION

\ 8.4: Comparative Public Law

Submitted to:
Dr. V.P. Tiwari, Associate professor of Law
Dr. Sirish Despande, Guest Faculty

Submitted by
Abhinav Saxena
UG2016-01
VIII semester, B.A. L.LB (Hons)
Academic Year: 2019-2020

MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

1
 Table of Contents
Introduction................................................................................................................................3
Research design..........................................................................................................................4
Chapter I.....................................................................................................................................5
Meaning of Right to Religion.................................................................................................5
Religious Freedom in International Context..........................................................................5
1. Universal Declaration of Human Rights..................................................................5
2. International Covenant on Civil and Political Rights..............................................6
3. Declaration on the Elimination of All Forms of Intolerance and of Discrimination
Based on Religion or Belief
7
4. UN Human Rights Committee's General Comment Interpreting Article 18...........7
5. The European Convention on the Protection of Human Rights and Fundamental
Freedoms
7
Chapter II....................................................................................................................................8
Right to Religion in India.......................................................................................................8
Constitutional Provisions...................................................................................................9
Judicial Pronouncements....................................................................................................9
Right to Religion in Foreign Jurisdictions............................................................................10
United States of America.................................................................................................10
United Kingdom...............................................................................................................11
Germany...........................................................................................................................12
France...............................................................................................................................13
Conclusion................................................................................................................................15
Bibliography.............................................................................................................................16

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Introduction
When the right to freedom of religion or belief is mentioned, the first thing that comes to
mind is the right of individuals to act in accordance with conscientious beliefs, to worship (or
not worship) freely, and to be able to enjoy life in society without discrimination on the basis
of such beliefs.1 As a practical matter, however, the enjoyment of such primary religious
freedom rights depends in critical ways on the legal structures available to religious
communities to organize their affairs.2

Freedom of religion is a fundamental human right that protects the conscience of all people. 3
It allows us to think, express and act upon what we deeply believe. Religious freedom
safeguards the right of all people to hold their own religious beliefs and express them openly
without fear of persecution or being denied equal rights of citizenship. It ensures that people
can freely choose or change their religion, teach their faith to their children, receive and
disseminate religious information, gather with others to worship, and participate in the
ceremonies and practices of their faith. It protects individuals from religious discrimination in
employment, housing, and other basic services and prevents people from being denied the
right to have a business, occupation, or professional license based on their religion.4

Freedom of religion protects not only individuals but also the religious organizations that
make faith communities possible. It encompasses the right to form religious institutions, 5
such as religious schools and charities. It affords such institutions the freedom to establish
their doctrines and modes of worship; to organize their own ecclesiastical affairs; to
determine requirements for membership, ecclesiastical office, and employment; and to own
property and construct places of worship.

We live in a post-secular world where religion has made a surprising comeback, falsifying
Weberian predictions of ever-continuing secularization. Almost every large society—some
for the first time in recent history—is grappling with religious pluralism.

1
http://hrlibrary.umn.edu/edumat/studyguides/religion.html (last visited on: 30/6/2020)
2
https://www.thehindu.com/news/national/right-to-religion-supreme-court-explains-reference-to-larger-
bench/article31560433.ece (last visited on: 3/6/2020)
3
http://www.humanrights.is/en/human-rights-education-project/human-rights-concepts-ideas-and-
fora/substantive-human-rights/the-right-to-freedom-of-expression-and-religion (last visited on:
10/6/2020) 4 https://www.religiousfreedominstitute.org/blog/what-in-the-world-is-religious-freedom (last
visited on: 30/6/2020)
5
https://mhrd.gov.in/fundamental_rights_article-30 (last visited on: 25/6/2020)

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Research design

 Research methodology

The researcher has used doctrinal method of research for collating this project. In this
method, the researcher has referred to various articles, books, research papers and
other material available online.

 Research objective

The research paper, in order to analyse the right to religion and to bring clarity on the
issue, traces the rationale of the concept – through legislations and judicial decisions
and authoritative reports.

 Research scope

The project, in its endeavour to find rationale of the concept, has covered several
legislations. However, the detailed study is limited to the comparative analysis of the
right to religion.

 Research hypothesis
The concept of right to religion has evolved manifold with the help of various
legislations and judicial decisions.

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 Chapter I
Meaning of Right to Religion
The word ‘religion’, which comes from the Latin word religare, means ‘to tie, to bind fast’. 6
This etymology is favoured by many based on its ability to explain the power religion has
over people and the communities in which they live. Religion is commonly, but not always,
associated with a particular system of faith and worship of a transcendent deity or deities. In
human rights discourse, however, the use of the term ‘religion’ also includes support for the
right to non-religious beliefs, such as atheism or agnosticism. 7 In 1993 the Human Rights
Committee, an independent body of 18 experts selected through a UN process, described
religion or belief as ‘theistic, non-theistic and atheistic beliefs, as well as the right not to
profess any religion or belief.’8

Freedom of religion or religious liberty is a principle that supports the freedom of an

individual or community, in public or private, to manifest religion or belief in teaching,
practice, worship, and observance. It also includes the freedom to change one's religion or
beliefs and to be absent of any religious beliefs.9

Religious Freedom in International Context

Religious and non-religious beliefs bring hope and consolation to billions of people across the
globe, and hold great potential for peace and reconciliation. 10 They have also, however, been
the source of great tension and conflict. This complexity, and the difficulty of defining
‘religion’ and ‘belief’ inclusively, is illustrated by the continuing struggle to protect freedom
of religion or belief in the context of international human rights.11

1. Universal Declaration of Human Rights

Key international provisions dealing with freedom of religion or belief begin with (Article
18)12 of the Universal Declaration of Human Rights, which provides: ‘Everyone has the right
to freedom of thought, conscience and religion; this right includes freedom to change his
religion

6
https://dictionary.cambridge.org/dictionary/english/religion (last visited on: 10/6/2020)
7
https://www.equalityhumanrights.com/en/human-rights-act/article-9-freedom-thought-belief-and-religion (last
visited on: 30/7/2020)
8
https://www.refworld.org/docid/453883fb22.html (last visited on: 20/6/2020)
9
https://berkleycenter.georgetown.edu/essays/ranking-rights-does-protecting-the-right-to-proselytize-violate-
religious-freedom (last visited on: 13/6/2020)
10
https://www.ohchr.org/EN/Issues/FreedomReligion/Pages/Standards.aspx (last visited on: 3/6/2020)
11
http://hrlibrary.umn.edu/edumat/studyguides/religion.html (last visited on: 23/6/2020)
5
12
https://www.un.org/en/universal-declaration-human-rights (last visited on: 11/6/2020)

6
or belief, and freedom, either alone or in community with others and in public or private, to
manifest his religion or belief in teaching, practice, worship and observance.’

The Universal Declaration also affirms rights to freedom of association and non-
discrimination that bear on laws affecting the structuring of religious communities. Thus,
‘everyone has the right to freedom of peaceful assembly and association’ (Article 20).13
Moreover, ‘everyone is entitled to all the rights and freedoms set forth in this Declaration,
without distinction of religion’ (Article 2),14 and ‘all are equal before the law and are entitled
without any discrimination to equal protection of the law’ (Article 7).15

2. International Covenant on Civil and Political Rights

This Covenant is a legally binding treaty obligation for States Parties. 16 It is both somewhat
more concrete, and more careful to note the limitations on freedom of religion or belief.
Article 18 of the Covenant provides: 17

“1. Everyone shall have the right to freedom of thought, conscience and religion. This right
shall include freedom to have or to adopt a religion or belief of his choice, and freedom,
either individually or in community with others and in public or private, to manifest his
religion or belief in worship, observance, practice and teaching.

2. No one shall be subject to coercion which would impair his freedom to have or to adopt a
religion or belief of his choice.

3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are
prescribed by law and are necessary to protect public safety, order, health, or morals or the
fundamental rights and freedoms of others.

4. The States Parties to the present Covenant undertake to have respect for the liberty of
parents and, when applicable, legal guardians to ensure the religious and moral education of
their children in conformity with their own convictions.”

13
https://www.standup4humanrights.org/layout/files/30on30/UDHR70-30on30-article20-eng.pdf (last visited
on: 2/6/2020)
14
https://minorityrights.org/law-and-legal-cases/universal-declaration-of-human-rights-udhr-article-2/ (last
visited on: 5/6/2020)
15
https://www.humanrights.com/course/lesson/articles-06-11/read-article-7.html (last visited on: 7/6/2020)
16
https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx (last visited on: 7/7/2020)
17
https://www.ilga
europe.org/sites/default/files/Attachments/the_right_to_freedom_of_religion_or_belief_and_its_intersection_wit
h_other_rights 0.pdf (last visited on: 10/6/2020)

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 Article 22 and 26 of the ICCPR also have a bearing on right to religion as they recognise
right to form associations and non-discrimination on the various grounds including that of
religion, respectively.18

3. Declaration on the Elimination of All Forms of Intolerance and of

Discrimination Based on Religion or Belief
The United Nation's 1981 Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief, though not formally binding as a treaty
obligation, distils many of the principles articulated in the ICCPR. A plausible case can be
made that it articulates what has now become international customary law, even in the
absence of a binding convention.19

4. UN Human Rights Committee's General Comment Interpreting Article 18

In 1993, the UN Human Rights Committee issued its General Comment No. 22 (48), which
provides a detailed official interpretation of the meaning of Article 18.14The General
Comment addresses many aspects of freedom of religion or belief.20

It begins by noting that "the right to freedom of thought, conscience and religion ... is far
reaching and profound; it encompasses freedom of thoughts on all matters, personal
conviction and the commitment to religion or belief, whether manifested individually or in
community with others". It notes that "the fundamental character of these freedoms is ...
reflected in the fact that this provision cannot be derogated from, even in time of public
emergency, as stated in article 4(2)."21

5. The European Convention on the Protection of Human Rights and Fundamental

Freedoms
Article 9 of the Convention contains the substantive provision on freedom of religion or
belief, closely parallels the language of the Universal Declaration and was drafted soon after
the Universal Declaration.22

1. Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief and freedom, either alone or in community with
others

18
https://www.ohchr.org/EN/Issues/FreedomReligion/Pages/Standards.aspx (last visited on: 20/6/2020)
19
https://www.ohchr.org/EN/ProfessionalInterest/Pages/ReligionOrBelief.aspx#:~:text=Article%204-
,1.,political%2C%20social%20and%20cultural%20life. (last visited on: 10/6/2020)
20
http://www.equalrightstrust.org/ertdocumentbank/general%20comment%2022.pdf(last visited on: 30/7/2020)
21
http://hrlibrary.umn.edu/gencomm/hrcom22.html (last visited on: 10/6/2020)

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22
https://www.echr.coe.int/Documents/Convention_ENG.pdf (last visited on: 11/6/2020)

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and in public or private, to manifest his religion or belief, in worship, teaching, practice and
observance.

2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are
prescribed by law and are necessary in a democratic society in the interests of public safety,
for the protection of public order, health or morals, or for the protection of the rights and
freedoms of others.

Chapter II

Right to Religion in India

Swami Vivekanand once said ‘religion as it is generally taught all over the world, is said to be
based upon faith and belief and in most cases consists only of different sects of theories and
that is the reason why we find all religions quarrelling with one another. These theories are
again based upon faith and belief”.23 According to sage Aurobindo, the quest of man for God
is the foundation for religion and its essential function is ‘the search for God and the finding
of God’.24

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.25 ‘Religion’ is entirely a matter of choice26, perception and
belief. Paying heed to the Indian scenario we can conclude that, people in this country have a
strong faith and dependence when it comes to their religion as they perceive that religion adds
meaning and reason to their lives. 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.

Many years ago, when India's Constitution was being drafted, B.R. Ambedkar, who piloted
various drafts through the Constituent Assembly, stated that the individual rather than the
group was the basis of the Indian Constitution.27 Ambedkar's insight forcefully explains how
groups

23
https://www.speakingtree.in/blog/swami-vivekananda-on-religion (last visited on: 12/6/2020)
24
https://www.motherandsriaurobindo.in/_StaticContent/SriAurobindoAshram/-09%20E-Library/- (last visited
on: 30/6/2020)
25
https://www.pewresearch.org/fact-tank/2018/06/29/5-facts-about-religion-in-india/ (last visited on: 13/6/2020)
26
https://qrius.com/religion-personal-choice/ (last visited on: 11/6/2020)

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27
B.R. Ambedkar, Speech to the Constituent Assembly, VII C.A.D. 38-9 (4 November 1948).

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and group life were to be viewed in the new dispensation: their right to flower in civil society
would be recognized, with the Constitution protecting religious, cultural and educational
right.28

Constitutional Provisions
India has been the birth place of quite number of religions and also it is acknowledged as the
country which is the land of spiritual beliefs, culture and philosophical thinking. 29 Perception
relating to a Religion varies person to person; it is entirely a matter of choice and belief. If we
pay heed to the Indian scenario, it can be concluded that when it comes to their religion,
people in this country have a strong faith and dependence. The reason behind having strong
faith may be that they perceive that religion adds meaning and reason to their lives. 30 People
who are having strong faith leave no stone unturned in showing their fidelity towards their
respective religion.

Articles 25-28 of the Indian Constitution guarantee the right to freedom of religion to all
citizens who all are residing within the territory of India.31

1.Freedom of conscience and free profession of religion. (Article 25)

2.Freedom to manage religious affairs (Article 26)

3.Freedom from payment of taxes for promotion of any particular religion (Article 27)

4.Freedom to attend religious instructions (Article 28)

Judicial Pronouncements
Mohd. Hanif Quareshi & Others vs The State of Bihar32

It was claimed by the petitioner that the sacrifice of the cows during Bakr- id was an essential
part of his religion but this argument was rejected by the court as the sacrifice of cow on the
Bakri-Id day was not an essential part of the Mohammedan religion and hence could be
prohibited by State under clause (2) (a) of Article 25.33

28
Articles 25-30, Constitution of India.
29
http://adaniel.tripod.com/religions.htm (last visited on: 4/6/2020)
30
https://culturalatlas.sbs.com.au/indian-culture/indian-culture-religion (last visited on: 5/6/2020)
31
https://iitr.ac.in/internalcomplaintscommittee/annexure.pdf (last visited on: 6/6/2020)
32
1958 AIR 731
33
http://www.indiaenvironmentportal.org.in/content/441228/judgement-of-the-supreme-court-of-india-
regarding-total-ban-on-the-slaughter-of-all-categories-of-animal-of-the-species-of-bovine-cattle-23041958/ (last
visited on: 11/6/2020)

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Commissioner, Hindu R.E. Madras v. Shri L.T. Swamiar of Thirur Mutt34

It was held that even if a tax is imposed on persons belonging to a particular religion, in order
to meet the expenses of that particular religion, such tax is void.35

Right to Religion in Foreign Jurisdictions

United States of America
In the United States, freedom of religion is a constitutionally protected right provided in the
religion clauses of the First Amendment.36 The United States Constitution addresses the issue
of religion in two places: in the First Amendment, and the Article VI prohibition on religious
tests as a condition for holding public office. 37 The First Amendment prohibits the Congress
from making a law "respecting an establishment of religion, or prohibiting the free exercise
thereof". This provision was later expanded to state and local governments, through the
incorporation of the First Amendment.38

Adelaide Company of Jehovah’s Witness v. The Commonwealth39

It was stated in case that “It would be difficult if not impossible, to device a definition of
religion which would satisfy the adherents of all the many and various religions which exist
or have existed, in the world.”40

Fowler v. Rhode Island41

In this case US Supreme Court upheld the right of a member of the Jehovah’s Witnesses sect
to preach in a public park, ‘Methodist, Presbyterian, or Episcopal ministers, catholic priests,
Moslem mullahs, Buddhist monks could all preach to their congregations in Pawtucket’s
parks with impunity, this list was not comprehensive but merely illustrative but the inclusion
of Buddhism testifies to the current universality of the definition of religion in the United
States.

Reynold v. United States42

34
1954 AIR 282
35
https://www.scobserver.in/court-in-review/essential-religious-practices?slug=the-commissioner-hindu-
religious-endowments-madras-vs-shri-lakshmindar-tirtha-swamiyar-of-shri-shirur-mutt (last visited on:
8/6/2020)
36
https://constitution.congress.gov/constitution/amendment-1 (last visited on: 9/6/2020)
37
https://www.law.cornell.edu/constitution/articlevi (last visited on: 10/6/2020)
38
https://www.govinfo.gov/content/pkg/CDOC-110hdoc50/pdf/CDOC-110hdoc50.pdf (last visited on:
22/6/2020)
39
(1943) 67 CLR 116
40
http://www.uniset.ca/other/cs5/67CLR116.html (last visited on: 30/6/2020)
41
345 U.S. 67

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42
98 US 145

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The appellant had attempted to take a second wife under the sanction and command of his
religion, that of the Church of Latter-Day Saints, commonly called the Mormon Church. But
the Supreme Court held that his action could be punished under the statute for bigamy. 43 In
Court's words, " Congress was deprived of all legislative power over mere opinion, but was
left free to reach actions which were in violation of social duties or subversive of good order.

The US Supreme Court has also held that he free exercise of religion does not include the
right to direct profane epithets at persons on the street.44

United Kingdom
Though state religion of United Kingdom is Protestant Christianity, the Church of England is
the state church of its largest constituent region, England. 45 The Monarch of the United
Kingdom is the Supreme Governor of the Church. However, people are allowed to practice
their respective religions in United Kingdom and this is supported by various statutes.

In the UK, human rights are protected by the Human Rights Act 1998. The Act gives effect to
the human rights set out in the European Convention on Human Rights. Article 13 of the said
Act recognises right to religion.46

The HRA47 incorporates into UK Law the European Convention on Human Rights, including
Article 9 of the Convention which says:

9.1 Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief and freedom, either alone or in community with
others and in public or private, to manifest his religion or belief, in worship, teaching,
practice and observance.

9.2 Freedom to manifest one's religion or beliefs shall be subject only to such limitations as
are prescribed by law and are necessary in a democratic society in the interests of public
safety, for the protection of public order, health or morals, or for the protection

Shamima Begum Case48

43
https://www.oyez.org/cases/1850-1900/98us145 (last visited on: 10/6/2020)
44
Chaplinsky v. New Hampshire, 315 U.S. 568
45
https://study-uk.britishcouncil.org/moving-uk/student-life/religion (last visited on: 20/6/2020)
46
https://www.citizensadvice.org.uk/law-and-courts/civil-rights/human-rights/what-rights-are-protected-under- the-
human-rights-act/your-right-to-freedom-of-religion-and-belief (last visited on: 3/6/2020)
47
Human Rights Act, 1998
48
[2004] EWHC 1389 (Admin)

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A schoolgirl Shabina Begum wanted to wear the Islamic jilbab in school, contrary to the
school rules. The Judicial Committee of the House of Lord (now the UK Supreme Court) held
that the rules of the school were justified.49 The most important words in the Begum judgment
came in the judgment of Lord Hoffman, where he said, at para.51, "Article 9 does not require
that one should be allowed to manifest one's religion at any time and place of one's own
choosing .
Ladele v. London Borough of Islington50

Lillian Ladele worked as a registrar for marriages, births, and deaths for the London Borough
of Islington. Prior to the introduction of the introduction of the Civil Partnership Act 2004,
Ladele asked Islington not to designate her a civil partnership registrar. Islington refused this
request and following the introduction of the Civil Partnership Act 2004, Islington designated
all of its existing registrars as civil partnership registrars as well as marriage registrars.51
Ladele objected to being required to officiate at civil partnership ceremonies due to her
Christian beliefs.

The Employment Tribunal held52 that she had been directly and indirectly discriminated
against, as well as harassed. However, Court of Appeals overruled that judgment and held
that “(1) it could not be discrimination to treat all employees in the same way (2) the
appropriate comparator was a hypothetical someone who disliked gay people without it being
due to a religious belief (3) looking at the plain words of regulation 5 it was clear that Ladele
had not been harassed.”53

How the future will develop for religious freedom in the UK is difficult to tell. UK is a secular
society and at the same time they are a multi-faith society and the conflict between those two
positions has not yet been truly faced up to, let alone resolved.

Germany
Freedom of religion in Germany is guaranteed by article 4 of the German constitution. 54 This
states that "the freedom of religion, conscience and the freedom of confessing one's religious
or philosophical beliefs are inviolable.55 Uninfringed religious practice is guaranteed." In

49
https://www.aa.com.tr/en/europe/my-whole-world-fell-apart-shamima-begum/1736928
50
2009] EWCA Civ 1357 (last visited on:21/6/2020)
51
https://www.xperthr.co.uk/editors-choice/ladele-v-london-borough-of-islington-2009-ewca-civ-1357-
ca/98983/ (last visited on: 1/6/2020)
52
https://www.employmentlawwatch.com/tag/ladele-v-islington/
53
https://www.xperthr.co.uk/editors-choice/ladele-v-london-borough-of-islington-2009-ewca-civ-1357-
54
https://www.servat.unibe.ch/icl/gm00000_.html (last visited on: 12/6/2020)
55
https://www.tatsachen-ueber-deutschland.de/en/germany-glance/freedom-religious-worship (last visited on:

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30/6/2020)

1
addition, article 3 states that "No one may be prejudiced or favoured because of his gender,
his descent, his race, his language, his homeland and place of origin, his faith or his religious
or political views." Any person or organization can call the Federal Constitutional Court of
Germany for free help.56

Individual Freedom of Religion

Besides collective, German law protects individual freedom of religion, which is to be

distinguished into positive and negative freedom of religion. Negative freedom of religion
covers the right not to confess your faith unless legally required (i.e. registration for church
tax) and the right not to be exposed to religion while in a position of "subordination" where
one is legally required to attend. Landmark decisions are the Crucifix Decision and the
Headscarf Decision.57

Crucifix Decision58

In the Crucifix Decision the German Federal Constitution Court in 1995 decreed a law that
insisted on the presence of religious symbols (crucifixes) in public institutions to be illegal,
excluding in some Roman Catholic elementary schools. The court further demanded that the
symbols must be removed if a parent does not agree with them. In 1973, a Jew complained
successfully that his freedom of religion was violated by the obligation to speak in a German
courtroom decorated by a cross.59

Headscarf Decision60
In 2004, the German Supreme court denied a Muslim teacher the right to wear a headscarf in
class, on the basis that she had to represent neutrality. In this case, freedom of religion (of
teachers) had to be brought into "balance" with the state's authority over schools. Though in
another 2015 Judgment Apex court of Germany has allowed teachers to war headscarf.61

France

56
https://www.deutschland.de/en/the-german-basic-law-article-3-equality-before-the-law (last visited on:
10/6/2020)
57
https://www.loc.gov/law/help/freedom-expression/germany.php (last visited on: 18/6/2020)
58
Alloway, Lark E. (1997)
59
https://www.nytimes.com/1995/08/23/world/crucifix-ruling-angers-bavarians.html (last visited on: 30/6/2020)
60
https://de.wikipedia.org/wiki/Kopftuchurteil (last visited on: 12/6/2020)
61
https://www.bbc.com/news/world-europe-31867732 (last visited on: 12/6/2020)

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Freedom of religion in France is guaranteed by the constitutional rights set forth in the 1789
Declaration of the Rights of Man and of the Citizen. 62 In 1905, France became a secular state
and, since then, the French government has followed the principle of laïcité, in which the
State does not recognize any official religion (except for legacy statutes like that of military
chaplains and the local law in Alsace-Moselle). 63 Instead, it merely recognizes certain
religious organizations, according to formal legal criteria that do not address religious
doctrine. In return, religious organizations are to refrain from involvement in the State's
policy-making.

The relationship between government and religious organizations in France is defined by the
1905 "Law concerning the separation of the churches and the state" ("Loi concernant la
séparation des Églises et de l'Etat").64 Its first sentence is:

The Republic assures freedom of conscience. It guarantees the free exercise of religious
worship under the sole restrictions hereafter in the interest of public order. The Republic does
not grant recognition nor pay nor subsidises any church. (La République assure la liberté de
conscience. Elle garantit le libre exercise des cultes sous les seules restrictions édictées ci-
après dans l'intérêt de l'ordre public. La République ne reconnaît, ne salarie ni ne
subventionne aucun culte.)65

62
https://www.conseil-constitutionnel.fr/sites/default/files/as/root/bank_mm/anglais/cst2.pdf (last visited on:
11/6/2020)
63
https://www.diplomatie.gouv.fr/en/coming-to-france/france-facts/secularism-and-religious-freedom-in-
france/article/secularism-and-religious-freedom-in-france (last visited on: 2/6/2020)
64
https://www.museeprotestant.org/en/notice/the-law-of-1905/ (last visited on: 5/6/2020)

1
65
Ibid.

1
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.

Historically, right to religion has been recognised in various jurisdictions. It is noteworthy

that this right has been interpreted progressively by courts of different jurisdictions with the
passage of time. Rarely do we see an instance where right to religion is being allowed to
interfere with fundamental rights of other citizens. We in India follow different kind of
secularism where with don’t have a rigid wall between state and its people’s religious affairs,
rather state gives equal respect to all regions.

Present state of religious freedoms in a country depend on numerous factors out of which
important one’s are its foundation ideals, constitutional structure, governing structures, etc.
The role of judiciary also cannot be slighted while referring to protection of right to religion.
There is one more element of protection of minority rights which is majorly done through
protecting their right to freely profess their religion.

It is important to take into consideration the repercussions that will take place if this right to
religion is taken for granted .To avoid any kind of future jeopardy or conjecture among our
fellow mates it is pivotal to maintain some decorum while exercising this right, to understand
the underlying importance and the reason for the allocation of this right, which is mainly to
maintain the unity and togetherness in the country and avoid any kind of hassle on the ground
of religion between our own brothers and sisters.

1
Bibliography

 Books
1. Hans-Martien ten Napel, Constitutionalism, Democracy and Religious Freedom:
To be Fully Human (Law and Religion), Routledge, 1st Edition.
2. V K Tisa Wenger, Religious Freedom: The Contested History of an American Ideal,
The University of North Carolina Press, 2020 Edition.
3. Prithivi Raj, Rozalini Raj, Secularism & Right to Religion: Judicial Response in
India, Independently Published, 2020 Edition.
4. Salman Khurshid, Triple Talaq: Examining Faith, Oxford University Press India,
2018 Edition.

 Research Papers

1. Luther A. Weigle, Rights of Religious Freedom, Christian Education, Vol. 26, No. 3
(MARCH, 1943), pp. 145-147, Penn State University Press.
2. Wibren van der Burg, Equality versus Religious Freedom, ARSP: Archiv für Rechts-
und Sozialphilosophie / Archives for Philosophy of Law, Franz Steiner Verlag.
3. Rajeev Dhavan, Religious Freedom in India, The American Journal of Comparative
Law, Winter, 1987, Vol. 35, No. 1 (Winter, 1987), pp. 209-254, Oxford University
Press.
4. Harry E. Groves, Religious Freedom, Journal of the Indian Law Institute, Vol. 4, No.
2 (Apr-June 1962), pp. 191-204, Indian Law Institute.
 Online Database

1. All India Reporter

2. Heinonline
3. Lexis Nexis
4. JSTOR
5. Westlaw
6. SCC online