RIGHT TO FREEDOM OF RELIGION
Articles 25-28 of the Indian Constitution deal with religious and moral freedom. Article 25 guarantees everyone the right to freedom of conscience and the freedom to freely profess, practise, and propagate any religion as long as it does not jeopardise public order, morality, or health. The state also has the authority to impose restrictions on any economic, social, political, or other actions that may be linked to religious practise.
Article 25:
According to Article 25, the right to profess entails the freedom to express one's religious beliefs and faith, as well as the right to freely and openly practise one's religion. The right to practise refers to the ability to follow the rites, rights, and symbols associated with one's religion, as well as the ability to show or use the symbols, signatures, and colours associated with one's faith. The right to propagate entails the dissemination of one's religious beliefs and philosophy in order to educate others.
The fundamental right to spread one's faith by teaching its fundamentals cannot be questioned, according to the Supreme Court in the Rev. Fr Stanis Laws Vs State of MP case, but it does not give the right to convert to one's own religion.
Any religious conversion must be voluntary, and it cannot be forced or accomplished by other illegal means. Everyone has the right to create religious and philanthropic institutions, to manage their own affairs, and to own, acquire, and administer movable and immovable property relating to religious institutions.
Article 26:
It provides the freedom to religious affairs, subject to public order, morality and health in which, every religious denomination or any section thereof shall have the right:
- to establish and maintain institutions for religious and charitable purposes;
- to manage its own affairs in matters of religion;
- to own and acquire movable and immovable property; and
- to administer such property in accordance with law
Article 27:
It is concerned with religious freedom in terms of paying taxes for the propagation of a certain faith. It states that no one shall be compelled to pay any taxes unless the proceeds are specifically earmarked for the promotion or preservation of a particular religion or religious group.
Article 28:
It deals with freedom as to attendance at religious instruction or religious worship in certain educational institutions. But it includes following guidelines:
- No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
- Nothing in section (1) applies to a state-run educational institution that was formed under a trust or endowment that requires religious instruction to be taught there.
- Unless such person or, if such person is a minor, his guardian has given his consent, no person attending any educational institution recognised by the State or receiving aid from the State shall be required to participate in any religious instruction that may be imparted in such institution or in any premises attached thereto.