Article 25 to 28 of the Indian Constitution confer certain rights relating to the freedom of religion. These Constitutional provisions guarantee religious freedom not only to individuals but also to religious groups.
What is Religion -
The term religion has not been defined in the constitution. Religion has no precious definition. Religion is a matter of Faith but belief in God is not essential to constitute Religion. Doctrines of each religion constitute its essential part, but the court is competent to examine them. Philosophy is different from religion.
Secularism -
Secularism in India does not mean irreligion. It means respect for all faiths and religions. India being a secular state there is no state preferred religion as such and all religious groups enjoy the same constitutional protection without any favor or discrimination.
Indian Constitution provides a secular State guarantees freedom of religion in Article 25 to Article 28 to all persons, whether they belong to minority community or majority community. The freedom guaranteed in this articles includes the following -
Right to Freedom of Religion (under the Constitution of India)
1) Freedom of conscience and free profession, practice and propagation of religion (Article 25)
2) Freedom to manage religious affairs (Article 26)
3) Freedom as to payment of taxes for promotion of any particular religion (Article 27)
4) Freedom as to attendance at religious instruction or religious worship in certain educational institutions (Article 28)
1) Freedom of conscience and free profession, practice and propagation of religion
According to Article 25(1) of the Indian Constitution, Subject to public order, morality, and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law-
(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
Explanation I -
The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.
The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.
Explanation II -
In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.
In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.
2) Freedom to manage religious affairs -
Article 26 Subject to public order, morality and health, every religious denomination or any section thereof shall have the right-
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law.
3) Freedom as to payment of taxes for promotion of any particular religion
Article 27 No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
4) Freedom as to attendance at religious instruction or religious worship in certain educational institutions
Article 28 (1) No religious 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.
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