Article 25-28 – Right to Religion

The right to freedom of religion, as articulated in Articles 25-28 of the Indian Constitution, serves as a foundational element of secularism and personal freedom. These provisions ensure that every citizen is entitled to freely profess, practice, and promote their religious beliefs. This right collectively reinforces the ideals of religious diversity and tolerance, contributing to a society that is both varied and inclusive, where individuals can engage in their spiritual practices without the threat of persecution or coercion.

Synopsis:

1. Introduction
2. Article 25 – Freedom of Conscience and Free Profession, Practice and Propagation of Religion
3. Article 26 – Freedom to Manage Religious Affairs
4. Article 27 – Freedom as to Payment of Taxes for Promotion of Any Particular Religion
5. Article 28 – Freedom as to Attendance at Religious Instruction or Religious Worship in Certain Educational Institutions
6. Right to Freedom of Religion Limitations
7. Case Laws
8. Conclusion

1. Introduction
   
   The Right to Freedom of Religion constitutes a fundamental human right recognized in numerous national constitutions around the world, including that of India. This right empowers individuals to profess, practice, and disseminate any religion they choose. On an international scale, it is protected by Article 18 of the Universal Declaration of Human Rights and Article 18 of the International Covenant on Civil and Political Rights. Within the Indian context, the Right to Freedom of Religion is enshrined in Articles 25 to 28 of the Constitution, which guarantees citizens the freedom to adhere to, profess, and advocate for any religion, while also stipulating that such practices must align with considerations of public order, morality, and health.

2. Article 25 – Freedom of Conscience and Free Profession, Practice and Propagation of Religion
   
   Rights: Article 25 of the Constitution ensures that every individual possesses an equal entitlement to freedom of conscience, as well as the right to profess, practice, and disseminate their religion.
   
   Availability: The rights enshrined in Article 25 are accessible to all individuals, regardless of their citizenship status.
   
   Article 25 further includes two clarifications:
   1. The act of wearing and carrying kirpans is recognized as an integral aspect of the Sikh religious practice.
   2. The designation “Hindus” is to be understood as encompassing individuals who adhere to Sikhism, Jainism, or Buddhism.
   
   Limitations: Nonetheless, these rights are subject to considerations of public order, morality, health, and other fundamental rights stipulations. Additionally, the state is empowered to enact legislation for:
   1. regulating or limiting any economic, financial, political, or other secular activities that may be linked to religious practices.
   2. facilitating social welfare and reform, including the opening of Hindu religious institutions of a public nature to all classes and sections of Hindus.

3. Article 26 – Freedom to Manage Religious Affairs
   
   The Constitution grants rights to all religious denominations or any specific group, which include the following: 
   1. The right to establish and sustain institutions for religious and charitable objectives; 
   2. The right to govern its internal affairs concerning religious practices; 
   3. The right to possess and acquire both movable and immovable assets; and 
   4. The right to manage such assets in compliance with legal regulations.  
   
   Limitations: However, these rights are constrained by considerations of public order, morality, and health.

4. Article 27 – Freedom as to Payment of Taxes for Promotion of Any Particular Religion
   
   Article 27 prohibits the coercion of individuals to pay taxes that are specifically allocated for the funding of expenses related to the promotion or support of any specific religion or religious denomination.
   
5. Article 28 – Freedom as to Attendance at Religious Instruction or Religious Worship in Certain Educational Institutions
   
   Religious education shall not be offered in any educational institution that is fully funded by State resources. Nevertheless, this regulation does not extend to educational institutions that, while administered by the State, are founded on specific endowments or trusts that mandate the provision of religious instruction. Furthermore, individuals enrolled in any state-recognized or state-supported educational institution are not obligated to engage in any religious instruction or worship that may occur within the institution or on its grounds, unless consent has been granted by the individual or, in the case of a minor, by their guardian.
   
6. Right to Freedom of Religion Limitations
   
   The right to freedom of religion constitutes a fundamental element of Indian democracy. Nevertheless, this right is not without limitations and may be reasonably restricted in the interests of public order, morality, health, and adherence to constitutional principles.
   
   1. Limitations: The right to practice one’s religion is subject to limitations aimed at preserving public order, morality, and health. Additionally, Article 25(2) empowers the state to engage in economic, financial, political, or other secular matters.
   
   2. Doctrine of essentiality: The doctrine of essentiality delineates which religious practices are safeguarded under Articles 25 and 26 of the Constitution. While various religious practices enjoy protection, only those deemed essential are afforded constitutional safeguards. The Supreme Court is responsible for adjudicating the essentiality of religious practices.
   
   3. Tension with other fundamental rights: The right to freedom of religion often comes into conflict with the right to equality and the right to life. A notable instance is the Sabarimala case of 2018, which highlighted the tension between the right to manage religious affairs and the right to gender equality.
   
   4. State intervention: Ongoing discussions persist regarding the degree of state involvement in religious practices and the potential for the misuse of religious freedom to justify discrimination. The Right to Wear Hijab serves as a contentious issue that exemplifies the challenge of reconciling religious expression with uniformity in educational settings.
   
   5. Balancing rights and public order: The Ram Janmabhoomi-Babri Masjid Dispute exemplified a significant challenge to public order. The Supreme Court sought to strike a balance between religious sentiments and legal entitlements, ultimately granting the disputed land in Ayodhya for the construction of a Ram temple while allocating alternative land for a mosque.

7. Case Laws
   
   The case of The Commissioner, Hindu Religious Endowments, Madras v Shri Lakshmindar Tirtha Swamiyar of Shri Shirur Mutt (1954) established that the term ‘religion’ encompasses rituals that are fundamental to a specific faith. Article 25(2) empowers the state to legislate on matters pertaining to the regulation of economic, political, and other activities associated with religion. The courts were entrusted with the task of identifying which practices are integral to a religion. The Court dismissed the notion that only “essential” religious practices should receive constitutional safeguarding.
   
   In the Sabarimala Temple Case (2018), the Supreme Court addressed the prohibition of women aged 10 to 50 from entering the Sabarimala temple in Kerala, which was justified by traditional customs. The Court deemed this practice unconstitutional, affirming women’s right to equal access to places of worship.

8. Conclusion
   
   Religion occupies a central position in the lives of individuals. The provision of religious freedom allows for a diverse array of beliefs, perspectives, and interpretations that individuals hold in relation to their faith, enabling them to thrive and contribute to society. It plays a significant role in shaping the thoughts and convictions of people. In particular, within Indian society, religion is crucial in guiding the behavior and actions of individuals. Indians exhibit a strong attachment to their religious beliefs and often become defensive when they perceive any interference or obstacles to their religious practices. However, while exercising this fundamental right, it is essential to ensure that it does not disrupt the peace and harmony of the community. It is important to consider the potential consequences that may arise if this right is taken for granted.