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religion article 25-28 of indian constitution
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Freedom of religion in India is a fundamental right guaranteed by Article 25-28 of the Constitution of India. Modern India came into existence in 1947 and the Indian Constitutionās preamble was amended in 1976 to state that India is a secular country. However in S.R Bommai v. Union of India, Supreme Court of India ruled that India was already a secular state from the time it adopted its constitution, what actually was done through this ammendment is to state explicitly what was earlier contained implicity under Article.25 to 28. Every citizen of India has a right to practice and promote their religion peacefully.
India is one of the most diverse nations in terms of religion. It being the birthplace of four major world religions. Jainism, Hinduism, Buddhism and Sikhism. Hindus form close to 80% of the population. India also has region-specific religious practices for instance, Jammu and Kashmir has a Muslim Majority, Punjab has a Sikh Majority, Nagaland, Meghalaya and Mizoram have Christian majorities and the Indian Himalayan States such as Sikkim and Ladakh, Arunachal Pradesh and State of Maharashtra and the Darjeeling district of West Bengal have large concentrations of Buddhist population. The Country has significant Muslim, Sikh, Christian, Buddhist, Jain and Zoroastrian populations. Islam is the largest minority religion in India and the Indian Muslims form the third largest Muslim population in the world accounting for over 14% of nations population
ļ· Regulation or restriction of economic, financial, political or other secular activity associated with religious practice ļ§ Mohd.Harif Quereshi v. State of Bihar
ļ· Social Welfare and reforms ļ§ Venkataramana Devaru v. State of Mysore
Article 26 provides: ā Subject to public order, morality and health, every religious denomination or any section thereof shall have right-
(a) To establish and maintain institutions for religious and charitable purposes; (b) To manage its own affairs in matters of religion (c) To own and acquire movable and immovable property and (d) To administer such property in accordance with the law.
o It must be a collection of individuals who have a system of beliefs of doctrines which they regard as conducive to their spiritual well-being i.e. A common faith; o It must have a common organisation o It must be designated by a distinctive name
CASE STUDIES
ļ§ Sri-Adi Viseshwara of Kashi Vishwanath Temple, Varanasi v. State of U.P ļ§ Bramchari Siddheshwar Shai v. State of West Bengal
*ART.26 Clause (A):- RIGHT TO ESTABLISH AND MAINTAIN INSTITUTIONS
ļ· Guarantees to every ā Religious Denominationā or any section ther eof the rightā to establish and maintain institutions for religious and charitable purposes.ā
CASE STUDIES
ļ§ Sanjib Kumar v. St Paul College ļ§ Azeez Basha v. Union of India
ļ· Guarantees to every ā religious denominationā the right ā to manage its own affairs in matters of religionā. ļ· ā MATTERS OF RELIGIONā - ļ¶ Includes religious practices, rites and ceremonies essential for the practising of religion ļ¶ Would not include the religious practices unless those practices are found to constitute essential and integral part of religion
CASE STUDY
ļ§ Commer of Police v. Acharya J. Avadhutta
ļ· Clause (C ) secures to a religious denomination or any section thereof ā the right to own and acquire movable and immovable propertyā. ļ· Clause (D) further strengthens this right by guaranteeing to the denomination ā the right to administer such property in accordance with lawā.
person to attend religious worship that may be conducted in such institutions, without the consent of such a person, and in case of a minor, without the consent of his guardian.
This Article is confined to educational institutions maintained aided or recognised by the State. It does not relate to institutions other then these which have no connection with the State.
It is also to be noted that Article.28 applies only to religious instructions. It does not prohibit moral instructions.
ļ· Groupism:- Religion divides people, such divisions may come in the way of development of the country.
ļ· Frequent conflicts:- People belonging to different religions feel that their religion is superior. They even try to impose their religious practices on other which would lead to conflict situations. In India communal riots have become a common feature
ļ· Dogmatism:- Every Religion has a set of beliefs which may be superstitious quite often. Such ideas block the development of society and the progress of individuals. Eg:- In some communities there is no improvement in the status of women on account of religious attitudes
ļ· Blocks Social Change:- Religion acts as a hinderance for social change. It is highly challenging to transform the attitude of conservative people, Eg:- Restrictions on marriage expenses
ļ· Fanticism:- Each religion as an arrangement of convictions which might be superstitious frequently such thoughts obstruct the advancement of society and people.
ļ§ Apart from all these negative aspects it is said that India is the fourth worst country in the world for religious violence:- India historically touts itself as a secular country one where all religions are recognized
over other categories due to this the RESERVED candidate gets all benefits over DESERVED candidate. The reservation was given in initial period for 10 years to uplift the SC/ST/OBC classes, but the politicans have not abolished it for their needs and greeds. And even the other castes such as MUSLIMS, SINDHIS and GUJARATIS have their quotas. Due to this the person falling in OPEN Categories fail to achieve their dreams. Religion based reservation shall be abolished to make our eduacation system work more effectively.
ļ¶ Large scale religious violence and riots have periodically occurred in India since its Independence from British Colonial Rule. The major incidences include :- Gujarat Communal Riots 1969 Anti-Sikh Riots 1984 Anti Christian Riots 2008 Ayodhya Dispute 1992 Gujarat Riots 2002
report of the Jt. Chief Environmental Engineer suggested nothing more than the fact the Church was not solely responsible for the noise pollution, but that it added to the existent nuisance of vehicular noise pollution. The Court directed the SP as well as the Inspector to take necessary steps to cut down on noise pollution by taking action against vehicles that caused noise and to keep the speakers of the Church at a lower level. Impugned by this order the Church moved to the Supreme Court (SLP u/Art.136 of the Constitution)
ISSUES 1:- Whether the right to profess and practice Christianity which is protected under Art. 25 and Art.26 of the Constitution is violated by the orders of the HC?
ISSUES 2:- Whether the judgment relied upon by the HC (i.e. Appa Raoās case) empowered the concerned authorities to interfere in religious practices?
COURTS RESPONSE IN ISSUE 1:-
- The Court felt that the contention with respect to the rights under Art. and 26 ne ed not be dealt in detail. It stated that āā¦no religion prescribes or preaches that prayers are required to be performed through voice amplifiers or by beating of drums. In any case, if there is such practice, it should not adversely affect the rights of o **thers ā¦ā
COURTS RESPONSE IN ISSUE 2:-
- The court accepted the view that there was no need to add religi ous colour to the issue at hand. Yes, the judgment relied upon by the HC (Appa Raoās case) empowered the concerned authorities to take action based on the guidelines laid down. - The guidelines laid down in Appa Raoās case was itself based on Madras City Police Act, 1888, Madras Towns Nuisance Act, 1889, Noise Pollution (Regulation and Control) Rules, 2000 framed by the Central Government under the provisions of the Environment (Protection) Act, 1986 read with rule 5 of the Environment (Protection) Rules, 1986.
important questions: In a country having multiple religions and numerous communities or sects, whether a particular community or sect of that community can claim right to add to noise pollution on the ground of religion? Whether beating of drums or reciting of prayers by use of microphones and loudspeakers so as to disturb the peace or tranquility of neighbourhood should be permitted? ā.. in a civilized society in the name of religion, activities which disturb old or infirm persons, students or children having their sleep in the early hours or during day-time or other persons carrying on other activities cannot be permitted. It should not be forgotten that young babies in the neighbourhood are also entitled to enjoy their natural right of sleeping in a peaceful atmosphere. A student preparing for his examination is entitled to concentrate on his studies without their being any unnecessary disturbance by the neighboursā¦.. Similarly, old and infirm are entitled to enjoy reasonable quietness during their leisure hours without there being any nuisance of noise pollution. Aged, sick, people afflicted with psychic disturbances aswell as children up to 6 years of age are considered to be very sensible to noise. Their rights are also required to be honoured.ā
Bombay Prevention Of Hindu Bigamous Marriage Act was violation of ART.14 and ART. 15 on the ground it prohibits bigamous marriage among hindus whereas Muslims are permitted to have more wives was not accepted by court. The court observed that there can be reasonable discriminition for a social reform and hence claim violation of ART. 14 or ART. 15(1). Even though ART. 44 calls for uniform civil code can never asked to be implemented because DIRECTIVE PRINCIPLES OF STATE POLICIES canāt be enforced.
At the end it can be concluded that, Religio- cultural pluralism is Indiaās past, present and future; indeed her heart and soul. No religion is foreign to India; nor is India a foreign land for any religion.Throughout its history India has observed the principle of equality of all religions and of their followers. Even when hereditary rulers belonged to a dynasty professing a perticular religion ā Hinus, Budhists, Muslims or Sikh ā they did not impose their religion on others and allow the followers of all religion to freely profess and practice their own respective faiths.
India is a home state of the largest number of Hindus, and the second largest numbers of Muslims, in the entire world. Being home also to the millions of Budhists and Christians, this country indeed qualifies to be called th only adobe of all the four world religions together. Among the citizens of India there are sizable numbers of followers also of several other religions including the Jain, Sikh, Jew and Bahai faiths. In the pluralistic and multi-religious society in India religious tolerance and religious values have always had, and continue to have, a strong influence.
As stated above, in all other South Asian countries surrounding India one or another religion has the status of the official or otherwise privileged status. In all the nations India stands out as the only secular state having no state religion and no single officially patronized religion. Religion-State relations in this country are in fact unique in every sense of the term.
