The Indian Constitution, adopted on 26th January 1950, enshrines several fundamental rights that form the bedrock of India’s democratic fabric. Among these, the rights to freedom of religion and non-discrimination on the basis of religion occupy a pivotal position, reflecting India’s commitment to secularism and pluralism. These rights are safeguarded through specific articles and have been further elucidated through landmark judicial decisions.

1. Freedom of Religion

Article 25 of the Indian Constitution guarantees the freedom of conscience and the right to freely profess, practice, and propagate religion. This provision ensures that every individual has the liberty to follow any religion of their choice without any hindrance from the state or any other entity.

Definition:
Freedom of religion under Article 25 encompasses three essential components:

1. Freedom of Conscience: Every individual has the right to hold and believe in any religious faith or belief.
2. Right to Profess: Individuals have the right to publicly practice and manifest their religion.
3. Right to Propagate: The right to spread one’s religion and convert others to one’s faith, subject to certain restrictions.

2. Non-Discrimination on the Basis of Religion

Article 15 of the Constitution prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. This article ensures that every citizen is treated equally and does not face any discrimination based on their religious beliefs.

Definition:
Non-discrimination on the basis of religion implies that individuals should be treated equally and without prejudice, irrespective of their religious affiliations. This entails equal access to opportunities, services, and protections under the law for all citizens, regardless of their religious background.

Freedom of Religion and Essential Religious Practices in India

The Indian Constitution, a beacon of secularism and pluralism, enshrines several provisions that guarantee the freedom of religion and protect essential religious practices. These provisions not only safeguard individual liberties but also empower the state to enact laws for social welfare and reforms, thereby eradicating harmful practices disguised as religious tenets.

1. Essential Religious Practices under Article 25

Definition:
Article 25 of the Indian Constitution protects the freedom of individuals to practice, profess, and propagate their religion. However, this freedom is not absolute. The state can intervene to regulate or even prohibit practices that are deemed essential for the well-being of society or contrary to public order, morality, or health.

State Acting towards Social Welfare and Reforms:
Under clause (2)(b) of Article 25, the state is empowered to enact laws for social welfare and reforms, even if they impinge upon religious practices. This provision enables the state to abolish or regulate practices like the devadasi system and the Sati system, which are detrimental to the welfare and dignity of individuals. The state can also open Hindu religious institutions of public character to all Hindus and take steps to eradicate untouchability among Hindus.

Judicial Interpretation:
The Supreme Court, in the case of Shastri Yagnapurushdasji v. Muldas Bhundardas Vaishya, clarified that while the state can regulate social and secular activities, it cannot interfere with religious rituals and practices unless they are against public order, morality, or health.

2. Right to Manage Religious Affairs under Article 26

Definition:
Article 26 of the Constitution grants religious denominations the right to manage their religious affairs, subject to public order, morality, and health.

Key Provisions:

• Establishment and Maintenance of Institutions: Religious denominations have the right to establish and maintain institutions for religious and charitable purposes.
• Management of Religious Affairs: Denominations can manage their own affairs in matters of religion.
• Ownership and Administration of Property: They can own and acquire movable and immovable property and administer it in accordance with the law.

Judicial Interpretation:
In S.P. Mittal, the Supreme Court held that the term ‘religious denomination’ in Article 26 must be understood in the context of ‘religion’, and the rights granted under this article pertain to organized religious bodies with a common faith and organization.

International Perspective

Universal Declaration of Human Rights (UDHR), 1948:
Article 18 of the UDHR recognizes the right to freedom of religion, emphasizing the freedom to practice, propagate, and change one’s religion or belief.

Civil and Political Covenant, 1966:
Article 18 of the Covenant reiterates the right to freedom of religion, with limitations prescribed by law to protect public safety, order, health, morals, or the fundamental rights and freedoms of others.

Declaration on Religious Discrimination, 1981:
This Declaration affirms the right to freedom of religion and prohibits coercion that impairs an individual’s freedom to adopt a religion or belief of their choice.

3. Protection against Religious Taxation and Religious Instruction in Educational Institutions

Article 27:
Article 27 prohibits the levy of taxes specifically for promoting or maintaining any particular religion. This provision upholds the secular character of the Indian Constitution.

Article 28:
Article 28 restricts religious instruction in educational institutions wholly maintained out of State funds and ensures that no individual attending such institutions is compelled to participate in religious instruction or worship without their consent.

4. Cultural and Educational Rights of Minorities

Article 29:
Article 29 protects the cultural and educational rights of citizens, ensuring that no individual is denied admission into educational institutions maintained by the State or receiving state aid based solely on religion, race, caste, language, or any other ground.

Article 30:
Article 30 grants minorities, based on religion or language, the right to establish and administer educational institutions of their choice, ensuring that the state does not discriminate against such institutions in granting aid.

Case Laws and Judicial Interpretations

Over the years, the Indian judiciary has played a crucial role in interpreting and safeguarding these constitutional provisions through various landmark judgments:

1. Shirur Mutt Case (1954): In this case, the Supreme Court held that the term ‘religion’ under Article 25 includes rituals, practices, and observances that are integral to a particular religion. The court emphasized the autonomy of religious denominations in matters of faith and doctrine.
2. Durgah Committee, Ajmer v. Syed Hussain Ali (1961): The Supreme Court reiterated that the freedom to manage religious affairs is an essential part of the right to religious freedom under Article 25. The court upheld the autonomy of religious institutions in matters of administration and management.
3. S.R. Bommai v. Union of India (1994): While not directly related to religion, this case underscored the secular nature of the Indian Constitution. The Supreme Court emphasized that secularism is one of the basic features of the Constitution and that any attempt to undermine secularism would be unconstitutional.

Conclusion

Freedom of religion and non-discrimination on the basis of religion are fundamental pillars of the Indian Constitution, reflecting India’s secular ethos and commitment to pluralism. While the Constitution provides a robust framework for protecting these rights, the role of the judiciary in interpreting and upholding these provisions cannot be understated. Through its landmark judgments, the Indian judiciary has reinforced the principles of religious freedom and equality, ensuring that these rights are not mere textual provisions but are effectively enforced in practice. As India continues to evolve as a pluralistic society, these constitutional rights will remain integral to maintaining harmony, peace, and unity among its diverse populace.

The Indian Constitution meticulously balances the freedom of religion with the state’s responsibility to ensure social welfare, morality, and public order. While individuals are granted the freedom to practice and propagate their religion, the state is empowered to intervene to eliminate harmful practices and promote social reforms.