As you know, in India, "Freedom of Religion" is granted by Articles 25 to 28 of the Constitution of India. This is a fundamental right in our constitution. India is a secular country and there is no official religion of India. There are many cases which clearly state that 'secularism' is one of the basic features of Indian Constitution.

Introduction
India has been the birthplace of many religions and is known as a country of spiritual beliefs, culture and philosophical thinking. Perceptions of 'religion' vary from person to person; It is entirely a matter of choice and belief. If we look at the Indian scenario, it can be concluded that when it comes to their religion, the people of this country have strong faith and dependence. The reason behind having a strong faith may be that they understand that religion adds meaning and reason to their lives. People with strong faith leave no stone unturned to show loyalty to their religion.

 

Freedom Of Religion Under India Constitution

Various fundamental rights are provided and guaranteed by our Indian Constitution under Part III. Among them, freedom of religion is also provided under Article 25-28 of the Indian Constitution. India being a secular nation gives every citizen the right to practice the
 

Constitutional Provision

Article 25-28 of the Indian constitution guarantees the right to freedom of religion to all citizens residing in Indian territory.

1. Freedom of conscience and freedom of religion. (Article 25)
2. Freedom to practice religion (Article 26)
3. Exemption from paying taxes for spreading any religion (Article 27)
4. The right to participate in religious education (Article 28)

 

Article 25

Article 25 provides freedom of conscience, freedom to believe, practice and spread religion to all citizens.

1. Subject to public order, morality and health and other provisions of this Part, all persons have equal freedom and right to believe, practice and preach religion.
2. Nothing in this Article shall affect the operation of existing laws or prevent any State from making laws.
   1. regulate or limit all economic, financial, political or secular activities that may be related to religious practices;
   2. to promote public welfare and reform or to open public Hindu religious institutions for all sections and divisions of the Ist class of Hindu interpretation, wearing and carrying the obligatory kirpa belonging to the profession of Sikh religious interpretation; References to Hindus in clause II(b) shall be construed as references to persons practicing Sikh, Jain or Buddhist religion and references to Hindu religious organizations shall be construed accordingly.

 

Article 26

Freedom to practice religion Every person has the right to a religious belief or sect, subject to public order, morality and health

1. establishing and maintaining religious and charitable institutions;
2. manage their affairs in religious affairs;
3. ownership and acquisition of movable and immovable property; and
4. administer such property in accordance with the law.

Article 27

Freedom from taxation for the propagation of any religion No one shall be compelled to pay special taxes to finance the cost of the propagation or maintenance of any religion or belief.
 

Article 28

Freedom to attend religious instruction or worship at certain educational institutions:

1. No religious instruction shall be given in any institution maintained entirely from the state treasury
2. Nothing in clause (1) shall apply to an educational institution managed by the State but established by any body or trust.
3. or in the same place or if such a person is a minor, the custodian has not agreed to cultural and educational rights.

 

 

What Is Secular State?

A secular state is one where no official religion is followed. To understand it more clearly, secularism has been defined in the case of S.R. Bomai Vs. Union of India[2], where it was held that "secularism is a fundamental feature of the Indian Constitution." Religion is a matter of personal belief and cannot be mixed with secular activities.
 

Concept Of Freedom Of Religion

Every citizen has the right and freedom to preach, practice and spread the religion of their choice. This right also allows its distribution to all without fear of government interference. However, the country is expected to act comfortably within the country. India is a land of diversity in terms of race, religion, belief, caste and society. When it comes to practicing one's religious beliefs, India is neutral, neutral and neutral. Our Indian Constitution provides that no citizen shall be deprived of his right to practice and believe in his religion.
 

Secularism Concept Under India Constitution

The concept of "secularism" is ubiquitous in the Indian constitution. The 42nd Amendment of the Indian Constitution of 1976 introduced the word "Secular" in the title. There are direct rules about secularism, but their language is res ipsa loquitor. As far as secularism is concerned, our Constitution gives great respect and this concept is given importance. Secularism is often respected and recognized as respectable in law.

According to the constitution, the allocation of this right allows each person to declare openly and without hesitation the religion he believes in or the religion he wants to believe . A number of cases related to secularism, such as S.R. Bommay and Keswananda Bharti v. Union of India [5] , has argued that secularism is a basic feature of the Indian constitution and that there is no rule. The law can take away or waive this right.

Cases:
Bijoe Emmanuel v. State of Kerala, 1987 AIR 748
The decision of the Supreme Court in Bijoe Emmanuel v. Kerala emphasizes the importance of the right to freedom of conscience and religion as a fundamental right protected in the Indian constitution. The resolution also emphasizes the obligation of public authorities, including schools, to respect and protect this right, and to act reasonably and reasonably in managing the exercise of this right.

The Ahmedabad St. Xaviers College vs State of Gujarat, (1974) AIR (SC) 1389
The court stated that the implementation of Articles 25-30 is to protect and protect the rights of religious and linguistic minorities. In addition, the Court said that as long as the Constitution is in force today, there may be problems with the violation of those rights. Any such action will be considered a breach of faith and will be prosecuted by the Court.

Shafin Jahan v. Ashokan K.M. & Ors. (2018 SCC OnLine SC 201)
This incident is about the marriage of Hadiya Jahan, a 24-year-old medical student who converted to Islam and married Shafin Jahan. Hadiya's father K.M. Ashokan filed a writ of habeas corpus in the Kerala High Court because of his strong conviction. The High Court annulled the marriage on the grounds that Hadiya was vulnerable and could be exploited and asked for parens patriae jurisdiction to ensure her welfare. The Supreme Court held that the Supreme Court erred in granting the annulment of marriage because the writ of habeas corpus did not extend beyond the scope of the writ. The Supreme Court also stated that the jurisdiction of parens patriae should be exercised not only for the benefit of others, but for the benefit of those in need of protection. The right to marry cannot be revoked under Article 21 (Protection of Life and Personal Freedom) and the Constitution recognizes individual autonomy and freedom.

Shayara Bano v. Union of India (Triple Talaq case) (AIR 2017 SCC 1388) T
Type of dissenting opinion written, the bill of Talaq-e-biddat (Triple Talaq) was struck down by a majority of 3:2. The decision was widely hailed as a victory for women's rights and gender justice in India. It is also seen as a step towards a more progressive and inclusive society where citizens of all religions are equal before the law.

Rev. Stainislaus v. State of Madhya Pradesh, (1977) 1 S.C.C. 677
In conclusion, Rev. Staineslaus v. The state of Madhya Pradesh is a landmark case that advocated the right to freedom of religion and the right to practice religion as the main religion in the Constitution of India. This event had a significant impact on India's legal position, especially regarding anti-faith laws.
 

Using Religion In Politics

Secularism in India has begun to face a tense climate with the rise and rise of religiously based political parties in the country. The pro-Hindi strategy of the ruling Congress reminded the Bharatiya Janata Party (BHJ), Rashtriya Swayamsevak Sangh (RSS) and Vishwa Hindi Parishad (VHP) of their rightful role in the struggle of the past decade. In the early 1970s, several proposals were made from within the party to revive the BP slogan.

The decade witnessed the decline of communal propaganda and the irreversible decline of the Jana Sangh. At this point it is felt that the party must secretly transfer its appeal to the middle class. Instead of the traditional appeal of Indian chauvinism, it should try to position itself as an alternative to the Congress by offering a cleaner, more effective, less corrupt proposition, not because of its ideological differences but because of its similarities. government. After the average success of the yatras (carriage procession), the agenda was rewritten in a backward direction, but it is clear that the party does not reject other, more secular constituencies.

Since the early 1980s, Indian social organizations have increased the scope, aggression and violence of their activities under the joint leadership of the Indian right-wing militant party RSS and Mass Fronts: VHP and BP, which coordinate religious organizations. election wing. Also in 1984, after the assassination of Indira Gandhi in the mid-1980s, Lok Sabha elections were held and Atal Bihari Vajpayee led BHJ won only two seats. Vajpayee resigned and LK Advani, considered party killer, took over and gave new hope and decision was taken by BJP leadership to promote Indian militancy to take over Indian vote bank from Congress.
 

Increasing The Importance Of Religion

Despite the religious divide in India, the country decided to become a secular country and promulgated the Constitution in 1950, which recognized equal rights for all citizens regardless of caste, belief or caste. Without a doubt, a step forward has been made. But in a complex society like India, it is not easy to translate constitutional ideals into practice. The Indian state was described as a "soft state" by Swedish economist Gunnar Myrdal in his book The Asian Drama: The Question of the Poverty of Nations.

The Indian state is not only soft on communalism but encourages it even as it pays political dividends. Since 1970, the central government and various states have started organizing Iftar parties for Muslims during Ramadan. Now, political leaders compete with each other to throw the big parties in the national and state capitals and this practice continues even under the BP regime. There was extensive media coverage of who attended this party and what was on offer. Such politicization of Iftar forgets that it is a religious sacrifice that cannot be taken lightly by Muslims.

Louis Dumont, one of the most influential writers on Indian religion and society, considers Sadhus as "former values" and fundamental ideas responsible for the development of the Hindu sect and "creating and maintaining sects". and social news. In this changing situation, the perception of the role of religious figures began to change under Indira Gandhi, who relied on populist measures and appeals to specific categories of voters.

He courted Hindu religious figures with the patronage of religious institutions and played the "Hindi card" against minorities. The example of Sikh religious leader Bhindranwale is an example of its creation. He regularly taps into the Jana Sangh's traditional vote bank. Indira Gandhi also chose Muslim religious figures in an attempt to suppress the Muslim vote, implementing a strategy known as "Fatwa politics". Therefore, the ideology and practice of secularism face multifaceted and multidimensional challenges.

Conclusion
Religion has an important role in human life. It plays an integral role in influencing people's minds. In Indian society in particular, religion plays an integral role in regulating people's behavior and behavior. When it comes to religion, Indians are very possessive and worry if anything interferes with it. It is important to maintain some discipline while exercising this right to avoid danger in the future.

But at the same time we should be advised that while exercising the fundamental rights given to us, we should not disturb the peace and harmony of the people. It is important to consider the consequences of disregarding this right. To avoid future danger or speculation among our comrades, it is important to practice some discipline and understand the essence of this right. the importance and reason for the distribution of this right, especially to preserve the unity and integrity of the country, and to prevent any problems arising from religion among our own people. Citizens who are extreme in their religion sometimes offend those around them, which can lead to or lead to actions that can disturb the peace of the community. and lead to hostility between everyone in the community.

Undoubtedly, it is a fundamental right guaranteed by the constitution for the proper functioning and development of the state, so the freedom of all citizens to practice their beliefs and principles is also a right that cannot be taken away at any cost. removed, but at the same time must ensure that we can act and act in a humane manner. The Act gives sanction to all citizens of India to exercise this right to promote unity and cohesion in the country, but at the same time the state has the right to intervene when this right is suspected of being abused or misused. in front of his eyes.

Reference:

• https://www.thedailystar.net/opinion/perspective/news/the-use-religion-indian-politics-1766164?amp
• AIR 1994 SC 1998
• Supranote 1.
• Ibid
• (1973) 4 SCC 225
• https://www.legalserviceindia.com/legal/article-731-freedom-of-religion-under-indian-constitution-whether-freedom-of-religion-or-freedom-from-religion.html
• https://adfindia.org/stories/top-five-cases-related-to-religious-freedom-in-india/
• AUTHOR -Vaishali Yadav (llm)
• CO-AUTHOR-Dr.Sandeep Mishra(Assistant professor,Amity University Lucknow)