Overview

The Right to Freedom of Religion is a fundamental right that guarantees religious freedom to all citizens of India. India is a secular country, and this right ensures that every individual has the freedom to practice, profess, and propagate any religion of their choice.

Article 25: Freedom of Conscience and Free Profession, Practice, and Propagation of Religion

Article 25 guarantees freedom of conscience and the right to freely profess, practice, and propagate religion:

• Freedom of Conscience: Inner freedom of an individual to mold his relation with God in whatever way he desires
• Right to Profess: Declaration of one's religious beliefs and faith openly and freely
• Right to Practice: Performance of religious worship, rituals, ceremonies, and exhibition of beliefs and ideas
• Right to Propagate: Transmission and dissemination of one's religious beliefs to others, but not the right to convert another person to one's own religion by force, fraud, or inducement

Reasonable Restrictions: This right is subject to public order, morality, health, and other fundamental rights. The State can regulate or restrict any economic, financial, political, or other secular activity associated with religious practice.

Article 26: Freedom to Manage Religious Affairs

Article 26 grants religious denominations the right to manage their own affairs:

• Right to establish and maintain institutions for religious and charitable purposes
• Right to manage its own affairs in matters of religion
• Right to own and acquire movable and immovable property
• Right to administer such property in accordance with law

Conditions: These rights are subject to public order, morality, and health. The property must be used for religious and charitable purposes.

Article 27: Freedom from Payment of Taxes for Promotion of Any Religion

Article 27 prohibits the State from compelling any person to pay taxes for the promotion or maintenance of any particular religion or religious denomination:

• No person shall be compelled to pay any taxes, the proceeds of which are specifically used for payment of expenses for the promotion or maintenance of any particular religion or religious denomination
• This ensures that the State maintains religious neutrality
• However, the State can spend money for the promotion of all religions

Article 28: Freedom from Attending Religious Instruction

Article 28 provides freedom from attending religious instruction or worship in certain educational institutions:

• No religious instruction shall be provided in any educational institution wholly maintained out of State funds
• Nothing shall prevent any educational institution administered by the State from imparting religious instruction if it is established under any endowment or trust requiring such instruction
• No person attending any educational institution recognized by the State or receiving aid out of State funds shall be required to take part in any religious instruction or worship without his consent (or guardian's consent if minor)

Secularism in India

The concept of secularism in India means:

• Equal treatment of all religions by the State
• No State religion
• Freedom to practice any religion
• State does not interfere in religious matters
• State can regulate secular activities associated with religion

Significance

The Right to Freedom of Religion is crucial for:

• Maintaining religious harmony in a diverse country like India
• Protecting the religious rights of minorities
• Ensuring that the State remains neutral in religious matters
• Promoting tolerance and understanding among different religious communities
• Upholding the secular character of the Indian Constitution

Landmark Cases

• Shirur Mutt Case (1954): Defined what constitutes "essential religious practices"
• S.R. Bommai v. Union of India (1994): Emphasized that secularism is a basic feature of the Constitution
• Indian Young Lawyers Association v. State of Kerala (2018): Allowed women of all ages to enter Sabarimala temple

Challenges and Controversies

Some challenges in implementing this right include:

• Distinguishing between essential and non-essential religious practices
• Balancing religious freedom with other fundamental rights
• Managing religious conversions and propagation
• Regulating religious institutions and their management
• Maintaining secularism in a multi-religious society