THE RIGHT TO EQUALITY VS.

RELIGIOUS PRACTICE:
NEGOTIATING A FAIR LANDSCAPE

POLITICAL SCIENCE RESEARCH PAPER

SUBMITTED BY SUBMITTED TO
ANINDITA GOGOI DR. NARENDRA NAROTTAM
ROLL NO. 1517 ASSISTANT PROFESSOR
SEMESTER 2ND
 ACKNOWLEDGEMENT

Firstly, I would like to thank my teacher and mentor Dr. Narendra Narottam, who showed faith
in me by providing such an excellent topic. His constant guidance has played a vital role in the
successful completion of this project. His keen attention helped me deal with each problem that
I faced during this paper successfully. , I extend my appreciation to all the participants and
respondents who generously shared their time and insights, contributing significantly to the
data collection process.

I thank everyone who played a role, no matter how big or small, in the completion of this
research paper. Their contributions have been invaluable, and I am deeply thankful for your
assistance.

With utmost sincerity

Anindita Gogoi

Roll no. 1517

Semester 2nd
 DECLARATION

I, Anindita Gogoi, a first-semester BA LLB student at the National University of Study and
Research in Law, Ranchi, hereby declare that the research paper titled “The Right to
Equality vs. Religious Practice: Negotiating a Fair Landscape”, under the guidance of Dr.
Narendra Narottam, faculty of Political Science, is an original work. I have made sincere
efforts to complete this research paper and have not done any misrepresentation of facts or
data.

I declare that the statements made and the conclusions drawn are the bona fide outcome of
the research work. I further assert that, to the best of my knowledge and belief, proper
references have been given and do not contain any work that has been submitted to any other
university.

Anindita Gogoi

Roll no. 1517

Semester 2nd
 TABLE OF CONTENTS

ACKNOWLEDGEMENT..............................................................................................................................2
DECLARATION ..........................................................................................................................................3
ABSTRACT.................................................................................................................................................5
INTRODUCTION ........................................................................................................................................6
1. THE TIGHTROPE WALK: NEGOTIATING EQUALITY IN THE SHADOW OF RELIGION .....................8
1.1 Ancient World: A Tapestry of Contradictions ......................................................................8
2. POINTS OF CONTENTION: WHERE EQUALITY AND RELIGIOUS FREEDOM COLLIDE .................11
3. WEAVING EQUALITY AND FAITH: GETTING AROUND INDIA'S RELIGIOUS SCENE.....................14
4. BRIDGING THE DIVIDE: RECOMMENDATIONS FOR RELIGIOUS FREEDOM AND EQUALITY IN
INDIA ..................................................................................................................................................18
CONCLUSION..........................................................................................................................................20
 ABSTRACT

Democracy around the world faces a difficult task in defending both the right to equality and
religious freedom for all of its citizens. This essay investigates this continuous conflict by
looking at how various nations try to strike a balance between these two essential ideas on a
worldwide scale. The study examines how a country's perspective is shaped by its historical
and cultural surroundings. It looks at how laws are applied, how states should be neutral when
it comes to accommodating religious traditions, and how crucial interfaith communication is
to fostering tolerance. The study explores particular cases, including the Rohingya crisis in
Myanmar, the resistance of religious groups to LGBTQ+ rights campaigns, and discussions
surrounding the use of religious symbols in public areas.
The research paper makes the case—based on these various examples—that finding a middle
ground between equality and religious freedom necessitates a multidimensional strategy.
Strong legal frameworks, encouraging interfaith communication to foster a culture of
understanding, and attending to the particular difficulties marginalized communities within
religious traditions experience are all part of this. The paper's final conclusion is that there
isn't a single, universally applicable remedy. Nonetheless, countries may work toward a more
inclusive future for everybody by encouraging open communication, admitting past and present
conflicts, and placing a high value on justice and faith.

Keywords: Democracy, Right to Equality, Religion, Rohingya , LGBTQ+, interfaith

 INTRODUCTION

Religion is a word which reflects the power of belief in humans by the virtue of being in alike
in a community of flesh. Though every religion in the world may have its own ideologies and
belief systems but the definition of the term religion still eludes consensus.

“We have learned more about 'the religions,' but this has made us perhaps less...
aware of what it is that we... mean by 'religion.'"

Wilfred Cantwell Smith, 1962

Throughout history, humanity's search for meaning and purpose has manifested in a rich
tapestry of religions. People took religion as a way to manifest the positive and negative that
they want to achieve without any external hindrance. To simply understand religion it is a
personal set or institutionalized system of religious attitudes, beliefs, and practices 1. It is
fundamentally a belief system, a collection of fundamental ideas that explain the universe's
creation and nature, the possibility of the divine (or a transcendent reality), and humanity's role
in it. These ideas provide a framework for comprehending death, life, and the purpose of life
itself. Additionally, religion makes a strong division between the sacred and the profane.
Everything that is holy, deserving of respect, and different from the everyday components of
life is included in the sacred. This difference influences customs, actions, and even the
categorization of particular locations or items as having particular meaning. Keeping this
distinction in mind, religious rites and practices put these principles and beliefs into effect.
Prayer, meditation, and other rituals become ways to show one's devotion, deepening ties
between people and reiterating the community's shared values 2.
Another essential component of religion is a sense of community.
Common activities, narratives, and beliefs build a strong sense of community and support.
People feel identity and comfort in a community that has similar beliefs to their own. Religion
provides consolation and hope during difficult times by fostering a sense of purpose and
belonging. The prospect of a hereafter or supernatural intervention might bring comfort and a
feeling of direction that surpasses the difficulties of the present moment3. Professing your own

1 Definition, Merriam Webster available at https://www.merriam-webster.com/dictionary/religion, last seen on

15/04/2024
2 Eliade, Mircea. The Encyclopedia of Religion, 82 (1st ed 15th Vol.)
3 Smart, Ninian. ‘Dimensions of Religion’,98
religion is not only a human right but a constitutional right. A person’s choice to profess his
own religion comes from this sense of belief and privacy. A man can profess his religion in
silence of his own rooms or else go out in the public and perform his own restitutions and
activities. The wide range of religious ideas emphasizes this idea even further. What is
profoundly meaningful to one individual may not be to another. Because of this diversity, there
must be a framework that allows people to freely follow their own path, whether it be accepting
a particular religion, switching to a different one, or deciding not to practice any religion at all.
People can follow their moral compass, which may be influenced by their religious views,
thanks to freedom of conscience, which is entwined with freedom of belief. This freedom
includes the ability to choose whether or not to practice one's religion. It's crucial to recognize,
though, that upbringing and social influences can have an impact on these choices; this choice
and rights to personal freedom is embodied in the United Nations Universal Declaration of
Human Rights (UDHR) Article 18, which guarantees the right to freedom of thought,
conscience, and religion 4. Furthermore, there are circumstances where religious identification
has social or legal ramifications in some nations where religion is the official religion.
Notwithstanding these subtleties, the fundamental idea that religion is a personal decision and
a matter of individual freedom remains paramount.

Despite the emphasis on individual choice, religion can also be a powerful force for social
cohesion and a champion for equality. Many religions promote core values like compassion,
justice, and the inherent worth of all individuals. These values can serve as a catalyst for social
reform movements and the fight against oppression. For example, religious leaders have played
a pivotal role in movements for racial equality and civil rights.

However, the very doctrines and practices that foster social cohesion can sometimes contradict
the pursuit of universal equality. Religious texts may contain teachings that reinforce traditional
gender roles or social hierarchies. This can lead to discrimination against individuals or groups
who don't conform to these norms 5. For example, some religious interpretations might limit
opportunities for women in leadership roles or restrict the rights of LGBTQ+ individuals. The
tension becomes even more pronounced when religious beliefs collide with evolving legal
frameworks that prioritize equality. Religious exemptions to certain laws, like those concerning
same-sex marriage, create situations where the right to freely practice one's religion seems to

4 Universal Declaration of Human Rights, United Nations available at https://www.un.org/en/about-

us/universal-declaration-of-human-rights , last seen on 15/04/2024
5 Home, International Centre of Law and Religion Study, https://www.iclrs.org/ ,last seen on 15/04/2024
come at the expense of another individual's right to equality. Finding a harmonious balance
between these seemingly disparate forces is an ongoing challenge. It requires ongoing dialogue,
mutual respect, and a willingness to re-evaluate traditional interpretations in light of evolving
social values. Striking a balance might involve reinterpreting religious texts through a lens of
inclusivity, or finding ways for religious practices to coexist peacefully with secular laws that
promote equality.

1. THE TIGHTROPE WALK: NEGOTIATING EQUALITY IN THE SHADOW

OF RELIGION
Throughout history, the fight for the right to equality has intersected with the realm of religion,
creating a complex and often conflicting narrative. This struggle has been documented and
communicated through various forms of correspondence, both ancient and modern,
highlighting the ongoing tension between these two fundamental concepts.

1.1 Ancient World: A Tapestry of Contradictions

In the cradle of civilization, religious pronouncements acted as a powerful social glue,

dictating societal norms and expectations. While some religions, like early Buddhism,
preached universal compassion and equality for all living beings. Their teachings resonated
throughout history, inspiring movements for social justice. However, this idealistic narrative
wasn't universal. Many established religions, like Hinduism with its caste system, enshrined
rigid hierarchies that denied basic rights and opportunities to entire segments of society.
These inequalities were further solidified by royal decrees and legal codes heavily influenced
by religious doctrines. For instance, the Code of Hammurabi, a cornerstone of Babylonian
law from the 18th century BCE, laid bare the stark reality of unequal justice. Prescribed
punishments varied wildly based on social class, blatantly violating the principle of equality
before the law. This legal text exemplifies the historical tension between divinely ordained
power structures and the yearning for a more equitable society.

Let’s go back to the early 15th century where, Columbus stumbled upon a land full of red
indigenous pupils and mistook the deserted island to be the prosperous India. It was long after
that incident, the now superpower America was filled up with Englishmen and their tryst of
wisdom. A detailed analysis of the historical relationship between religion and
immigration in England—more especially, immigration to the United States—reveals a
complicated interaction between equality and faith. England's immigration laws were not as
impartial in the past as they are now, with a focus on economic and skill-related
considerations. Catholics and other non-conformist Protestants were directly discriminated
against by laws such as the Test Acts and Penal Laws, which restricted their access to public
office and property ownership. These prohibitions made it more difficult for them to
emigrate, especially to the American colonies where land ownership and social mobility were
frequently determined by religious affiliation 6. This historical background emphasizes how
difficult it is to achieve true equality when political and social processes collide with religious
convictions. Even if England has made progress in promoting religious tolerance, knowing
about these historical customs deepens the current discussion about striking a balance
between the right to equality and the complexity of religion in the contemporary world.

A fascinating case study of the complex interactions between religion

and the state may be found in the ancient Hindu society. Cooperation flourished, on the one
hand. Even if it is debatable now, the Varna system was once thought to be required by God
and crucial to maintaining societal order. Different classes performed assigned responsibilities;
to keep society in balance, Kshatriyas (rulers and soldiers) collaborated with Brahmins (priests
and intellectuals). The state was given legitimacy and stability by this religious foundation. In
a same vein, numerous temples served as commercial and political centers, overseeing
property, levying taxes, and even manning the militia—thereby fusing religious establishments
with the machinery of government7. The idea of a "Dharma Raja" also stressed the
responsibility of a monarch to preserve Dharma, or just law, which includes safeguarding the
well-being of society, encouraging religious observance, and defending his subjects. Thus,
religious convictions influenced the principles of good governance.
There were conflicts in their partnership, though. Ascetics and Yogis possessed great social
and political power; by counseling kings, questioning their policies, and swaying public
opinion, they may have challenged absolute royal authority. The emergence of several Hindu
sects, such as Shaivism and Vaishnavism, also highlighted the interaction between
governmental authority and religious beliefs that might result in instability by periodically

6Rick Crume, A Quick History of British Immigration, Family Tree( August 23),
https://familytreemagazine.com/heritage/uk-genealogy/british-intelligence-immigration/ last seen on
16/04/2024

7 A.S. Altekar , State and Government in Ancient India, 49( 1st ed.)
sparking disputes over resources, ideologies, and temple ownership. Relationship tension
increased with arguments about how Dharma should be interpreted, especially when it came to
the Kshatriyas' involvement in combat. These illustrations show how Hindu culture in antiquity
was not a monolithic entity but rather a multifaceted environment where religion and the state
interacted, occasionally promoting collaboration for social order and other times generating
conflict and power conflicts 8.

The Manusmriti9, an ancient Hindu legal treatise, nevertheless has a significant influence on
contemporary India. The document, which was assembled sometime between 200 BCE and
200 CE, established a strict social code based on the caste system. The fundamental ideas of
the Manusmriti continue to shape social institutions and sustain inequality in modern-day India,
despite its diminished legal status. The caste system is one of the Manusmriti's most enduring
legacy. It created hierarchical social groups based only on place of birth. While Dalits (the
previous "untouchables") and members of lower castes endured harsh discrimination, upper
castes enjoyed considerable privileges. The Indian Constitution abolished the caste system in
1950, yet social attitudes and practices still reflect the caste structure. Caste prejudice still exists
in regards to housing, work, and even who is allowed to marry. Additionally, the Manusmriti
upheld a very patriarchal social structure. It prescribed restrictions on women's access to
education, ownership of property, and general autonomy, positioning males as superiors and
women as inferiors. Even while India has made great progress in recent years towards the
empowerment of women, problems like honor killings, dowry deaths, and restricted property
rights for women in some areas still bear the echoes of these antiquated ideas. Because of the
Manusmriti's emphasis on social hierarchy and order, it is difficult to achieve full equality for
every citizen. Some people still use the text's defenses of caste and gender inequality as reasons
for their discriminatory actions. Furthermore, the Manusmriti's exaltation of tradition might
make it challenging to question accepted social mores and promote progressive reforms.

Another remarkable example of the complex tango between religion and the state may be found
in the history of France. The Catholic Church held enormous authority before the French
Revolution (1789–1799), amassing enormous land, levying taxes, and influencing public

8
Wendy Doniger, The Hindus : An Alternative History, 2009, (1st ed.)
9“RELATIONSHIP BETWEEN STATE AND DHARMA IN MANUSMRITI on JSTOR.” www.jstor.org. JSTOR,
www.jstor.org/stable/41856150.
policy. However, these alleged privileges were directly challenged by revolutionary ideas of
liberty, equality, and fraternity. Reform became aimed at the Church because it was perceived
as a symbol of the abuses of the previous rule. This ideological conflict developed quickly.
Although the goal of the Civil Constitution of the Clergy (1790) was to provide equality
among citizens, this very right was actually hampered by it. Its goal was to weaken the
influence of the Church, but it also made clergy take allegiance vows, which effectively forced
them to choose between their citizenship and their faith. This led to the creation of a two-tiered
system that penalized people for breaking the oath. In addition, the poor, who frequently
depended on Church charities, were disproportionately impacted by the nationalization of
Church property, despite the intention to share wealth10.
The endeavor to destroy the Church was more intense during the Reign of Terror (1793–1794).
One of the fundamental tenets of equality was violated when churches were forced to close and
priests were persecuted. The "Cult of Reason’s establishment imposed a new worldview,
further curtailing religious freedom and impeding the same equality that the revolutionaries
had fought for11. Napoleon gave the Church some influence back, but the French Revolution
irrevocably changed its position of power in France 12. The dynamic nature of power battles
between nations and religious organizations is shown by this historical occurrence, especially
when revolutionary goals clash with established religious authority. It also acts as a warning,
emphasizing how policies that impede personal freedoms and give rise to new kinds of
discrimination can thwart efforts to attain equality.

2. POINTS OF CONTENTION: WHERE EQUALITY AND RELIGIOUS

FREEDOM COLLIDE

There are many situations in the modern world where the rights to equality and religious
freedom collide. Here are a few instances that demonstrate how intricate the problem is:
Headscarves and Secularism: Discussions were provoked by France's 2004 and

10 Simon Schama, A Chronicle of The French Revolution, 1989

11 Douglas Johnson, The French Revolution , 1970( 2nd ed., Vol 3)
12 “The Clergy of Early Seventeenth-Century France: Self-Perception and Society’s Perception on JSTOR.”

www.jstor.org. JSTOR,
www.jstor.org/stable/286962?searchText=FRENCH+CLERGY&searchUri=%2Faction%2FdoBasicSearch%3FQuer
y%3DFRENCH%2BCLERGY%26so%3Drel&ab_segments=0%2Fbasic_search_gsv2%2Fcontrol&refreqid=fastly-
default%3Af97fb3a915b23105b72ea644029bf0fd.
2011 bans on the wearing of religious symbols such as the hijab in public schools and the full
face veil. Supporters contended for an impartial public area, however detractors perceived it as
prejudice against the religious expression of Muslim women. Similar demonstrations against
school uniform requirements and in favor of religious freedom were sparked by the recent ban
on the Hijab in several Karnataka schools in India (2022).
Women's rights and the Taliban: Following the Taliban's takeover of Afghanistan in
2021, worries were expressed about the potential erosion of these rights. The Taliban regime's
restrictions on women's access to work, education, and clothing codes run counter to counter
right to equality.
Religious Accommodation in the Workplace: It can be challenging to strike a balance
between workplace policies and religious requirements. Because of their religious convictions,
US workers have requested exemptions from the requirement to be vaccinated, which has
raised concerns about the balance between religious freedom and public health.
LGBTQ+ Rights and Religious Beliefs: Disagreements between LGBTQ+ rights and
discriminatory religious beliefs might occur. Religious freedom and the right to equal treatment
under the law are at odds when it comes to certain religious institutions' refusal to execute
same-sex marriages.

India, a land of rich religious diversity, also grapples with instances where religious freedom
and minority rights collide. The Citizenship Amendment Act (CAA) and National Register of
Citizens (NRC) have been criticized for excluding Muslims from a pathway to citizenship,
potentially disenfranchising them13. Hindu nationalist groups linked to cow vigilantism target
Muslims and Dalits suspected of cow slaughter, violating their right to life and freedom of
religion. Additionally, anti-conversion laws restrict religious conversions, often targeting
Christian missionaries, raising concerns about hindering minority religions. Despite these
challenges, the Indian judiciary has played a crucial role in upholding religious freedom and
minority rights through landmark judgments. India's constitution, guaranteeing equality and
religious freedom, serves as a foundation for protecting minorities. Fostering interfaith
dialogue can further reduce tensions and promote tolerance. India's path forward lies in

13Religious minorities, Dalits Face discrimination in India: Report , The Economic Times( Feb 9,2017),
available at https://economictimes.indiatimes.com/news/politics-and-nation/religious-minorities-dalits-face-
discrimination-in-india-report/articleshow/57055700.cms?from=mdr , last seen on 20/04/2024
strengthening its commitment to secularism and equality 14. By upholding legal frameworks,
promoting interfaith dialogue, and ensuring impartial enforcement of laws, India can create a
more inclusive society where religious freedom and minority rights are truly protected.

Again, the tension that exists between religious beliefs and the right to equality is not a new
one. It's a multifaceted problem with deep historical roots that keeps coming up everywhere.
Here are a few current situations where this tension is noticeable:

The Rohingya Plight15: Driven by Buddhist nationalism, the Rohingya are a Muslim minority
in Myanmar who have been persecuted for decades. The Rohingya issue, in which they are
denied citizenship and fundamental rights, is a prime example of how discrimination based on
religion can be justified. Their battle serves as a reminder of the constant need to defend
minority populations and make sure that freedom of religion isn't used as a cover for injustice.
LGBTQ+ People's Rights and Religion 16: LGBTQ+ rights movements around the world face
obstacles from religious perspectives on homosexuality. Certain religious establishments
vehemently oppose LGBTQ+ rights and same-sex marriage, resulting in prejudice and
marginalization within religious communities. The conflict between LGBTQ+ equality and
religious freedom is still very much alive. It can be difficult but vital to find a balance that
upholds both the freedom to follow one's religion and the right to live without facing
discrimination because of one's sexual orientation.

Development vs. Tradition 17: The ability of indigenous peoples to follow their traditional
religions is frequently in conflict with government policies and development initiatives.
Traditional ways of life and sacred sites might be disrupted by construction projects or
deforestation. This begs the question of how to strike a balance between environmental
preservation, economic growth, and religious freedom. It takes deliberate thought and

14
Staff, Al Jazeera. “Why Is India’s Citizenship Amendment Act so Controversial?” Al Jazeera, 13 Mar. 2024,
www.aljazeera.com/news/2024/3/12/why-is-indias-citizenship-amendment-act-so-controversial.

15 “Myanmar.” Human Rights Watch, 20 Jan. 2023, available at www.hrw.org/world-report/2023/country-

chapters/myanmar last seen on 20/04/2024
16 “MEUSA.” MEUSA, www.marriageequality.org
17 “Homepage.” Cultural Survival, 22 Apr. 2024, www.culturalsurvival.org.
teamwork to find solutions that support sustainable development while honoring indigenous
customs and values.

Dietary Challenges in Schools: Schools constantly struggle to provide accommodations for

students' religious dietary requirements. It takes careful planning to meet the demands of pupils
who practice different religions while also making sure that every student has access to
wholesome meals. Educators and administrators are always looking for innovative ways to
honor religious customs without sacrificing dietary requirements.

Symbols in Public Places: The displaying of religious symbols on land that is owned by the
public provokes discussion in many nations. Some contend that nativity scenes are against the
separation of church and state, while others view them as cultural customs. The difficulties of
navigating religious freedom in a pluralistic society are brought to light by these discussions.
It is still difficult to find strategies to respect different faith traditions in public settings without
becoming overtly biased.

These instances show how the conflict between religious beliefs and the right
to equality extends beyond the scope of current events. This is a long-standing, global problem
that calls for constant discussion and solutions that uphold everyone's right to equality as well
as their freedom of religion.

3. WEAVING EQUALITY AND FAITH: GETTING AROUND INDIA'S

RELIGIOUS SCENE

India, with its colorful mosaic of several religions, struggles to maintain religious liberty while
guaranteeing equality for its entire people. This continual conflict has its roots in the history of
the country, which has seen both times of extraordinary religious tolerance and times of strife
and persecution. India is facing difficulties in maintaining a careful balance between religious
freedom and the equality guaranteed by the Constitution, even in the face of significant
development. The Indian Constitution 18, which is frequently praised as the basis of the

18
“The Constitution of India.” Refworld, 12 Feb. 2024,
www.refworld.org/legal/legislation/natlegbod/1950/en/91718.
country's democracy, contains strong guarantees for equality and a balance of religious rights.
The guarantee of equality before the law (Article 14) ensures that every citizen is treated
equally by the state and is one of the basic concepts outlined in the Constitution. To further
bolster the commitment to equality, Article 15 forbids discrimination on the basis of religion,
race, caste, sex, or place of birth. Furthermore, Article 16 prohibits discrimination on the basis
of religion or any other ground and guarantees equal opportunity in terms of public
employment. Article 25 ensures the freedom of conscience and the right to freely profess,
practice, and spread religion in order to protect religious rights, subject to public health, morals,
and order. In addition, Article 26 safeguards religious autonomy by allowing people and
religious groups to freely administer religious matters and create organizations. Together, these
constitutional clauses provide a strong framework that attempts to protect the rights to equality
and religious freedom while maintaining a careful balance between the two in India's
multicultural and pluralistic society.

India's religious sects have coexisted peacefully and in conflict throughout its
history. The nation's story illustrates a dynamic interplay between unity and division, from the
growth of several faiths under ancient empires to the peaceful cohabitation during specific
historical times. Still, there are obstacles in the way of attaining full equality for all individuals
due to the history of social injustices, which are frequently entwined with religious beliefs.
India's Constitution, which protects the right to equality and religious freedom, is the
cornerstone of the country's efforts to promote religious harmony. Through historic rulings that
aim to balance competing interests, the judiciary has been instrumental in understanding and
defending these rights. For instance, despite opposition from some quarters, decisions like the
elimination of triple talaq show a commitment to gender equality within religious rituals 19.

On the other hand, obstacles still stand in the way of realizing equality and freedom of religion.
The lack of a unified civil code sustains religiously motivated discrimination, which
disproportionately affects women in some communities. The conflict between tradition and
individual rights is further highlighted by issues like access to places of worship and dress
codes for religion in educational institutions. India has to promote an atmosphere of candid

19“&Quot;Our Laws Promote Equality, Social Justice, Democracy&Quot;: India at UN.” NDTV.com,
www.ndtv.com/india-news/india-at-un-says-it-promotes-values-of-equality-social-justice-democracy-through-
inclusive-education-2472387.
communication and mutual religious tolerance in order to tackle these issues. It is crucial to
support educational programs that encourage historical analysis and social justice advocacy.
Achieving true equality also requires empowering women in religious communities. Around
the world, a number of nations have developed policies aimed at striking a compromise
between equality and religious freedom. For instance, several countries have put in place
extensive anti-discrimination legislation that shield people from prejudice based only on their
religion. Some have instituted interfaith councils with the aim of fostering communication and
mutual comprehension across religious groups. The Indian government has implemented social
programs and legislative reforms to reduce religious disparities. To ensure that everyone can
use their rights to the fullest extent possible without facing discrimination on the basis of their
beliefs, more coordinated efforts are necessary to close the gap between equality and religious
freedom. In the end, India's path to religious equality and harmony calls for a multipronged
strategy that honors variety and protects everyone's fundamental human rights.

➢ The Beacon of hope : Indian Judiciary

India's judiciary has played a crucial role in upholding religious freedom, with the Supreme
Court of India emphasizing the importance of individual freedom and intervening in cases
where religious freedom is violated by the state or other entities. The judiciary has also
interpreted provisions of the Constitution to provide greater protection to religious freedom.
However, religious freedom continues to be increasingly threatened in India, particularly for
minority communities, who often face discrimination and persecution.
In Bijoe Emmanuel v. State of Kerala, 1987 AIR 74820, the Supreme Court upheld the
individual's freedom of religion and belief, reinforcing India's belief in a secular, democratic
state. The case involved three students who refused to sing the national anthem of India on
religious grounds, leading to disciplinary action and expulsion from school. The court held that
the action was arbitrary and violative of the Fundamental Right to Freedom of Conscience and
Religion, as well as the right to education guaranteed under Article 21A of the Constitution.
The court also emphasized the duty of public authorities, including schools, to respect and
protect this right, and to act on reasonable and justifiable grounds when regulating the exercise
of this right. This case reaffirms the importance of religious freedom and the duty of public
authorities, including schools, to respect and protect it.

20 Bijoe Emmanuel v. State of Kerala, 1987 AIR 748

The Ahmedabad St. Xaviers College vs State of Gujarat21 case (1974) involved St. Xavier's
College challenging state legislation that encroached upon minority educational institutions'
autonomy. The Supreme Court emphasized the importance of ensuring equality between the
majority and minority communities, and held that any act tampering with these rights would
be considered a breach of faith.

The Shafin Jahan v. Ashokan K.M. & Ors. case (2018 SCC OnLine SC 201) involved Hadiya
Jahan's marriage to Shafin Jahan, who converted to Islam. The High Court annulled the
marriage, stating that Hadiya was vulnerable and capable of being exploited. The Supreme
Court held that the parens patriae jurisdiction must be exercised only for the benefit of the
person in need of protection, not for the benefit of others.
The Shayara Bano v. Union of India case (2017 SCC 1388) dealt with the practice of "triple
talaq," a form of instant divorce prevalent in the Muslim community in India. Shayara Bano
challenged the constitutionality of triple talaq and claimed it violated her fundamental rights as
a citizen, gender justice, and equality. The Supreme Court declared the practice
unconstitutional, stating that it was arbitrary and not an essential part of Islamic law. The court
also observed that personal laws must be subject to the test of constitutional validity and gender
justice, and Article 25(2) states that if any religious practice violates fundamental rights, then
it can be struck down by the Supreme Court.
The Supreme Court of India has ruled in the case of Rev. Stainislaus v. State of Madhya
Pradesh,22 which affirmed the right to freedom of religion and propagate one's religion as a
fundamental right under Article 25 of the Indian Constitution. The case began with the arrest
of Reverend Stainislaus, a Roman Catholic priest, in Madhya Pradesh, India, accused of
violating the provisions of the Madhya Pradesh Dharma Swatantrya Adhiniyam (Freedom of
Religion Act), 1968, which prohibited forced religious conversions. The court ruled in favor
of Stainislaus, stating that the state law was unconstitutional because it violated his
Fundamental Right to freedom of religion.
The court emphasized that while every individual has the right to freely profess, practice, and
propagate their religion, the freedom to convert others to one's own religion is not an absolute
right. This distinction between propagation and conversion has been used to argue that anti-
conversion laws are necessary to prevent forced and fraudulent conversions.

21 Ahmedabad St. Xaviers College vs State of Gujarat ,1974 AIR 138

22
Rev Stanislaus vs Madhya Pradesh, 1977 SCR (2) 611
This case has significantly impacted the legal landscape of India, especially regarding anti-
conversion laws. The provisions of the Madhya Pradesh Dharma Swatantrya Adhiniyam are
not pari materia to the current law, enacted in Madhya Pradesh in 2021. Therefore, considering
this judgment as a precedent to uphold anti-conversion laws as they stand today would be
questionable at best.
In conclusion, India's judiciary has played a pivotal role in upholding religious freedom and
individual rights, intervening decisively in cases where these freedoms have been infringed
upon. Landmark judgments such as Bijoe Emmanuel v. State of Kerala and Shayara Bano v.
Union of India have underscored the importance of protecting the fundamental rights enshrined
in the Constitution, particularly in matters of religious belief and practice. These cases serve as
powerful reminders of the judiciary's commitment to ensuring equality and justice for all
citizens, regardless of their religious affiliations. Moving forward, it is imperative for the
judiciary to continue safeguarding religious freedom while also addressing emerging
challenges and evolving legal landscapes, thereby upholding India's secular and democratic
ethos.

4. BRIDGING THE DIVIDE: RECOMMENDATIONS FOR RELIGIOUS

FREEDOM AND EQUALITY IN INDIA

India's rich religious diversity is a source of great strength, but it also poses a continuous
challenge: guaranteeing everyone's equality and freedom of religion. To help you over this
tricky terrain, consider the following important advice:
Reforming the Civil Code: The absence of a unified civil code leads to
discrimination on the basis of religion, especially against women. It is imperative to
implement a revised civil code that upholds religious liberties and advances gender equality.
To ensure inclusivity and resolve issues, this may entail holding in-depth talks with religious
leaders and communities.
Encouraging Interfaith Communication: It's critical to cultivate an atmosphere
of candid communication and mutual respect amongst various religious beliefs. This can be
accomplished by means of educational programs such as community forums or interfaith
workshops in schools that promote civil discourse on a range of ideas. A more accepting
society can also be achieved by endorsing interfaith councils that foster communication and
cooperation across religious communities23.
Empowering Women in Religious Communities: Gender inequity is
perpetuated in many religious activities. For there to be true equality in these societies,
women must be empowered. Within religious institutions, educational initiatives that support
women's rights and leadership abilities might serve as a beginning point. Legal changes that
preserve religious freedom and shield women from discriminatory practices found in
religious traditions are also essential.
Judicial Activism and Societal Transformation: The Indian court has been
instrumental in defining the parameters of religious freedom and in interpreting the
Constitution. It should continue to protect the right to equality while taking religious
communities' concerns into consideration, especially for vulnerable communities. Court
rulings have the power to spark social change by encouraging more tolerance and respect for
other ways of living.
Educating People to Promote Social Justice 24: Education is a vital tool in the
fight against prejudice and the advancement of social justice. Critical thinking activities
regarding the caste system's legacy and the value of religious tolerance should be
incorporated into educational curricula. This can contribute to the development of a
generation of citizens who are dedicated to constructing a more just society and who are more
conscious of historical and modern issues.
India is still in the process of becoming into a country where justice and faith may coexist.
India may make a big step toward a more inclusive future where all people have equal rights
and are free to follow their faith by putting these suggestions into reality. The secret is to
celebrate diversity and create common ground where justice and faith may coexist, rather of
trying to erase differences, so that India's colorful tapestry can actually bloom.

23
“SOCIAL JUSTICE AND THE CONSTITUTION OF INDIA on JSTOR.” www.jstor.org. JSTOR,
www.jstor.org/stable/41856262.
24
“‘Freedom, Equality and Justice’ – the Essential Values for Peace - Myanmar.” ReliefWeb, 30 Sept. 2019,
reliefweb.int/report/myanmar/freedom-equality-and-justice-essential-values-peace.
 CONCLUSION

The path forward lies in acknowledging the inherent tension between these two fundamental
rights. While achieving perfect balance may be unattainable, aiming for peaceful cohabitation
is essential. This can be accomplished by using multiple strategies.
First and first, it is imperative to implement legal changes, such as a revised civil code that
upholds religious liberty and advances gender equality. Second, barriers of prejudice can be
broken down and a more accepting society can be created by encouraging interfaith
conversation and giving women more authority within religious institutions. Furthermore, it is
essential to maintain judicial activism that defends the right to equality in addition to social
justice-promoting educational programs.India's ability to embrace its variety will ultimately
determine how successful it is. Through fostering empathy, upholding individual liberties
within the parameters of religious liberty, and advocating for diversity, India may discover the
beat of her delicate dance and guarantee that justice and faith can coexist in its dynamic
community. This is a journey that requires continuing attention to detail and candid
communication. However, by rising to the occasion, India can lead by example, showing the
rest of the world how a religiously-stitched nation can negotiate the intricacies of equality and
religious freedom, paving the way for a day when all voices are valued and heard.