Right to Religion under the Constitution: Balancing Faith and Law

India is a nation of diverse religious beliefs and practices, protected under the fabric of a robust constitutional framework. The Right to Religion is a cornerstone of personal liberty and a fundamental right guaranteed to all Indian citizens. However, this freedom is not absolute and is often weighed against other constitutional values such as public order, morality, and health. In this blog, we will explore how the Indian Constitution balances faith with law, the judicial interpretations surrounding it, and the evolving challenges in modern times.

What Does the Constitution Say About the Right to Religion?

Articles 25 to 28 of the Indian Constitution deal specifically with the Right to Freedom of Religion. These provisions ensure that every individual has the liberty to profess, practice, and propagate any religion of their choice.

• Article 25(1) states that all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion.

• Article 26 grants every religious denomination the right to manage its own affairs in matters of religion.

• Article 27 prohibits the use of tax proceeds for promoting or maintaining any particular religion.

• Article 28 restricts religious instruction in state-funded educational institutions.

While these articles reflect a strong commitment to religious liberty, the Constitution simultaneously places reasonable restrictions to maintain social harmony.

Reasonable Restrictions on Religious Freedom

The Right to Religion is subject to certain limitations under the Constitution. According to Article 25(1), religious freedom is not absolute and may be restricted in the interests of:

• Public order

• Morality

• Health

• Other fundamental rights

For instance, a religious practice that violates human rights or promotes untouchability may be declared unconstitutional. In the landmark Sabarimala Temple case, the Supreme Court ruled that denying entry to women of menstruating age violated constitutional principles of equality, despite religious customs suggesting otherwise.

This balancing act between individual religious freedom and broader societal values underscores the brilliance of India’s Constitutional Law.

Judicial Interpretations: Striking the Right Balance

Indian courts have consistently played a crucial role in interpreting and enforcing the right to religion. The doctrine of “Essential Religious Practices” (ERP) was developed by the judiciary to determine which practices are fundamental to a religion and therefore deserve protection under Article 25.

In Shirur Mutt (1954), the Supreme Court held that only those practices that are essential and integral to a religion can be safeguarded under the Constitution. Non-essential customs or practices that conflict with other constitutional mandates can be subject to reform.

Similarly, in the Triple Talaq case, the Supreme Court struck down instant talaq (talaq-e-biddat) as unconstitutional, holding it to be not essential to Islam and discriminatory against women.

Religion and State: The Secular Perspective

India follows the model of “principled secularism,” which does not completely separate religion from the state, but ensures equal respect to all religions. The government can regulate religious institutions and even intervene when a religious practice violates the law or harms public welfare.

For instance, the banning of animal sacrifice in public places or loudspeakers at odd hours for religious events are not violations of religious freedom but measures to maintain public order and health.

Thus, Constitutional Law serves as the bridge that connects individual liberties with social responsibility, maintaining a fair and just balance.

Modern-Day Challenges

With the rise of religious polarization, debates around conversion, personal laws, and uniform civil code have brought the right to religion into the spotlight again. Some of the key issues include:

• Religious conversions and anti-conversion laws

• The legality of personal laws that may conflict with gender justice

• Restrictions on religious attire in educational institutions

• Growing communal tensions due to politicization of religion

Each of these challenges requires a nuanced interpretation of constitutional provisions that protect religious freedom while upholding equality, secularism, and justice.

Conclusion: Balancing Faith and Constitutional Values

The Right to Religion in India is a dynamic and evolving subject. It is neither an unchecked privilege nor a restricted liberty. It exists in harmony with other constitutional rights and public interests. The Constitution provides a delicate balance—protecting religious freedom while allowing for legal and social reform where necessary.

For individuals, institutions, or businesses dealing with conflicts involving religious rights and legal obligations, consulting a legal expert can help navigate these complex issues. Advocate P.S. Khurana, a well-regarded constitutional and civil law expert, offers deep insight and effective legal guidance in such matters.

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