Civil

Right to Freedom of Religion

The Indian state has no recognised religion. No religion is given a special position under our Constitution. The freedom to profess, practise, and spread any religion—or none at all—is guaranteed to all people by the Constitution. Religion-based discrimination is forbidden by the Constitution.

Articles 25 to 28 of the Constitution of India ensure everyone’s right to religious freedom.

ARTICLE 25: FREEDOM OF CONSCIENCE AND FREE PROFESSION, PRACTICE AND PROPOGATION.

All citizens have the right to the freedom of conscience, as well as the freedom to proclaim, practise, and spread their religion.

The liberties are constrained by morality, public health, and public order.

Additionally, this article contains a clause allowing the State to enact laws:

that controls and limits any secular activity—financial, economic, political, or otherwise—associated with any form of religion.

This calls for social welfare and the reform of or access by all Hindu classes and sections to Hindu religious institutions with a public character. According to this clause, those who practise the Sikh, Jain, or Buddhist religions are considered to be Hindus, and Hindu institutions must be interpreted in the same way.

People of the Sikh faith who are wearing and carrying a kirpan are included in the profession of the Sikh religion.

ARTICLE 26: FREEDOM TO MANAGE RELIGIOUS AFFAIRS:

The following rights are stipulated in this Article as belonging to every religious sect, subject to morality, health, and public order.

  • the right to create and support institutions with a religious or philanthropic purpose.
  • the freedom to conduct its own business when it comes to religion.
  • the ability to purchase real estate, both movable and immovable.
  • the authority to manage such property in a legal manner.

ARTICLE 27: FREEDOM AS TO PAYMENT OF TAXES FOR PROMOTION OF ANY PARTICULAR RELIGION.

The promotion and/or upkeep of any specific religion or any denomination cannot be funded directly by taxes, as stated in Article 27 of the Constitution.

ARTICLE 28: FREEDOM AS TO ATTENDANCE.

 The dissemination of religious instruction is permitted by this provision in educational institutions that are run by religious organisations.

This stipulates that no religious instruction shall be given in establishments of public education.

The above sentence does not apply to educational institutions managed by the State but founded according to any endowment or trust that mandates the imparting of religious instruction in such institutions (that no religious instruction shall be provided).

Anyone who receives state funding or attends a school with state recognition is not forced to take part in any religious teaching that may be offered there or to attend religious services there unless they have given their agreement. The guards should have given consent for the same.

Being the cradle of four main world religions—Jainism, Hinduism, Buddhism, and Sikhism—India is one of the most religiously diverse countries in the world. Even though Hindus make up almost 80% of the population, India also has regionally distinct religious traditions. India is a country that values every religion, every religion.

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