The Right to Freedom of Religion in India is one of the most significant guarantees under the Constitution, ensuring that every individual has the liberty to believe, profess, practice, and propagate their faith. This right reflects India’s identity as a secular state, where all religions are treated equally without the State favoring one over another.
Embedded in Articles 25 to 28 of the Indian Constitution, this right is not only a safeguard for individual liberty but also a cornerstone of Indian democracy. However, it is not absolute—there are constitutional rights and restrictions to maintain harmony, safeguard public order, morality, and health, and protect the rights of others.
This blog by Law ki Baat provides a comprehensive analysis of the Right to Freedom of Religion in India, covering its meaning, scope, historical background, constitutional framework, Supreme Court judgments on religion, and its role in preserving the spirit of secularism in Indian Constitution.
Historical Background
Religious freedom in India has deep roots in its diverse traditions. Ancient India witnessed the coexistence of multiple faiths such as Hinduism, Buddhism, Jainism, and later Islam and Christianity. Kings like Ashoka promoted tolerance, while Bhakti and Sufi movements emphasized inclusivity.
During colonial rule, religious conflicts often arose due to British policies. The framers of the Constitution, therefore, ensured that religious freedom in India would be protected, balancing individual liberty with social reform.
Constitutional Framework
The Right to Freedom of Religion in India is enshrined under Articles 25 to 28 of Indian Constitution. These provisions collectively guarantee both individual and community rights, while keeping in mind India’s secular ethos.
Article 25: Freedom of Conscience and Free Profession, Practice and Propagation of Religion
- Provides freedom of conscience and religion to all persons.
- Grants the right to freely profess, practice, and propagate religion.
- Recognizes Article 25 freedom of conscience as central to individual belief.
- Allows the State to regulate:
- Economic, financial, political, or secular activities linked with religion.
- Social welfare and reform (e.g., abolishing untouchability, allowing temple entry for all castes).
- Opening Hindu religious institutions to all sections of Hindus.
- Restrictions: subject to public order, morality, and health restrictions.
Article 26: Freedom to Manage Religious Affairs
- Ensures Article 26 religious denominations rights.
- Religious denominations can:
- Establish and maintain institutions for religious and charitable purposes.
- Manage their own affairs in matters of religion.
- Own and acquire property.
- Administer such property in accordance with law.
Article 27: Freedom from Payment of Taxes for Promotion of Any Particular Religion
- Guarantees Article 27 no tax for religion.
- Citizens cannot be compelled to pay taxes for the promotion or maintenance of any specific religion.
- Ensures that State funds are not used for religious activities.
Article 28: Freedom as to Attendance at Religious Instruction in Certain Educational Institutions
- Provides Article 28 religious instruction ban in State-funded institutions.
- Religious instruction can only be given in educational institutions administered by religious bodies, not in institutions wholly funded by the State.
- Protects students from forced participation in religious activities without consent.
Scope of the Right to Freedom of Religion in India
The scope of this right is vast and multifaceted:
- Freedom of belief and conscience: Internal freedom to hold or reject any faith.
- Freedom of profession: Publicly declaring one’s religious beliefs.
- Freedom of practice: Rituals, ceremonies, and worship.
- Freedom of propagation: Right to spread one’s faith peacefully.
This scope reflects both individual rights and community rights, making the Right to Freedom of Religion in India one of the most balanced fundamental rights in India.
Restrictions on the Right to Freedom of Religion
While this right is vital, it is subject to constitutional rights and restrictions:
- Public Order: Practices that disturb public peace can be restricted (e.g., processions that incite violence).
- Morality: Practices against accepted moral standards can be curtailed (e.g., practices harming dignity of women).
- Health: Religious practices that endanger public health (e.g., animal sacrifices in unsafe conditions) may be restricted.
- Other Fundamental Rights in India: No religious freedom can override equality, dignity, or life and liberty of others.
Judicial Interpretation of Religious Freedom
Indian courts have played a vital role in interpreting the Right to Freedom of Religion in India.
Doctrine of Essential Practices
- Developed by the Supreme Court to determine which practices are “essential” to a religion and thus constitutionally protected.
- Example: In Shirur Mutt Case (1954), the Court held that essential religious practices cannot be regulated by the State.
Key Supreme Court Judgments on Religion
- Bijoe Emmanuel v. State of Kerala (1986)
- Students belonging to Jehovah’s Witnesses refused to sing the national anthem.
- The Court upheld their freedom of conscience and religion, recognizing their right to abstain.
- Indian Young Lawyers Association v. State of Kerala (2018) – Sabarimala Case
- Supreme Court allowed entry of women into Sabarimala temple, balancing religious freedom in India with gender equality.
- Shayara Bano v. Union of India (2017) – Triple Talaq Case
- Declared instant triple talaq unconstitutional, showing that case laws on right to freedom of religion prioritize dignity and equality.
- Rev. Stainislaus v. State of Madhya Pradesh (1977)
- Court held that freedom to propagate religion in India does not include forced conversions.
These Supreme Court judgments on religion highlight how courts balance religious liberty with constitutional rights and restrictions.
Right to Freedom of Religion and Secularism in Indian Constitution
The Right to Freedom of Religion in India is the backbone of secularism in Indian Constitution. Unlike Western secularism (strict separation of church and state), Indian secularism allows equal respect for all religions while maintaining State neutrality.
Key features:
- No State religion.
- Equal treatment of all religions.
- State can intervene for social reform (e.g., temple entry, abolition of untouchability).
- Ensures religious harmony in a plural society.
Challenges in Implementing the Right to Freedom of Religion
- Religious conversions and anti-conversion laws: Balancing freedom of propagation with protection against forced conversions.
- Communal tensions: Misuse of religion to incite violence threatens public order.
- Conflict with gender equality: Practices like child marriage, polygamy, or exclusion of women often clash with equality rights.
- Judicial overreach vs religious autonomy: Courts must carefully assess “essential practices” without overstepping.
Case Laws on Right to Freedom of Religion
Apart from the major cases already discussed, other important case laws on right to freedom of religion include:
- Ratilal Panachand Gandhi v. State of Bombay (1954): Upheld rights of individuals to manage their own religious affairs.
- Ismail Faruqui v. Union of India (1994): Held that mosque is not essential for Islamic worship, showing pragmatic interpretation.
- Aruna Roy v. Union of India (2002): Permitted value-based education, but barred religious indoctrination in schools.
Comparative Perspective
Globally, religious freedom is protected under instruments like the Universal Declaration of Human Rights (Article 18) and International Covenant on Civil and Political Rights. India’s framework is unique as it combines Western liberal ideas with indigenous traditions of tolerance.
Conclusion
The Right to Freedom of Religion in India is a cornerstone of democracy and pluralism. By guaranteeing liberty under Articles 25 to 28 of Indian Constitution, it balances freedom of conscience and religion with public order, morality, and health restrictions.
Through judicial interpretation of religious freedom and landmark Supreme Court judgments on religion, Indian courts have ensured that no faith dominates or discriminates against others. This right not only protects individuals but also upholds the spirit of secularism in Indian Constitution.
Yet, challenges remain—communal conflicts, gender discrimination, and forced conversions test the limits of religious freedom. The future of this right lies in a balanced approach where case laws on right to freedom of religion continue to refine its scope, ensuring that religious freedom in India coexists with equality, dignity, and justice.
In essence, the Right to Freedom of Religion in India is not just about personal belief—it is about sustaining the constitutional promise of unity in diversity.
