India, most popularly acknowledged as the land of spiritual beliefs, philosophical thinking, culture, has also been the birthplace of quite a few number of religions out of which some of them exist in this era as well. ‘Religion’ is entirely a matter of choice, perception and belief. People in this country have a strong faith and dependence when it comes to their religion as they perceive that religion adds meaning and reason to their lives. When it comes to people who are extremely devoted to their religion, they leave no stone unturned in showing a substantial amount of fidelity towards their respective religion.

1. RIGHT TO FREEDOM
OF RELIGION
-SHIVANI SHARMA
-ASSISTANT PROFESSOR
-SARDAR PATEL SUBHARTI INSTITUTE OF LAW

2. INTRODUCTION
• India, most popularly acknowledged as the land of spiritual beliefs,
philosophical thinking, culture, has also been the birthplace of quite a few
number of religions out of which some of them exist in this era as well.
• ‘Religion’ is entirely a matter of choice, perception and belief.
• People in this country have a strong faith and dependence when it comes to
their religion as they perceive that religion adds meaning and reason to their
lives.
• When it comes to people who are extremely devoted to their religion , they
leave no stone unturned in showing substantial amount of fidelity towards
their respective religion.

3. CONT…
• One of the fundamental rights guaranteed by the constitution also includes
right to freedom of religion.
• India is a secular nation and this right basically entitles every Indian citizen
and gives him the liberty to preach practice and propagate the religion of his
choice .
• This right gives leisure to sermonize about his religion , gives him the
opportunity to spread it among everyone without any fear of governmental
vengeance and also gives him the assurance to practice it in an amicable
manner within the jurisdiction of the country.

4. MEANING OF RELIGION
• 1. George Bernard Shaw: “There is only one religion,
though there are hundreds of versions of it.”
• 2. Sigmund Freud : “Religion is comparable to childhood
neurosis.”
• 3. Rudolph Otto : “Religion is that which grows out of,
and gives expression to, experience of the holy in its various
aspects.”

5. DIFFERENCE BETWEEN DHARMA AND
RELIGION
• The word “dharma” has multiple meanings depending on the context in which it is used.
• Monier-Williams’ Sanskrit-English Dictionary lists several, including: conduct, duty, right,
justice, virtue, morality, religion, religious merit, good work according to a right or rule, etc.
• Dharma has the Sanskrit root dhri, which means “that which upholds” or “that without
which nothing can stand” or “that which maintains the stability and harmony of the
universe.”
• Dharma encompasses the natural, innate behavior of things, duty, law, ethics, virtue, etc.
• Every entity in the cosmos has its particular dharma — from the electron, which has the
dharma to move in a certain manner, to the clouds, galaxies, plants, insects, and of course,
man. Man’s understanding of the dharma of inanimate things is what we now call physics.

6. ARTICLE - 25
• Freedom of conscience and free profession, practice and propagation
of religion:
(1) Subject to public order, morality and health and to the other
provisions of this Part, all persons are equally entitled to freedom of
conscience and the right freely to profess, practise and propagate
religion
(2) Nothing in this article shall affect the operation of any existing law or
prevent the State from making any law:
RESTRICTIONS
RIGHTS

7. CONT…
(a) regulating or restricting any economic, financial, political or other secular
activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu
religious institutions of a public character to all classes and sections of Hindus
Explanation I The wearing and carrying of kirpans shall be deemed to be
included in the profession of the Sikh religion
Explanation II In sub clause (b) of clause reference to Hindus shall be
construed as including a reference to persons professing the Sikh, Jaina or
Buddhist religion, and the reference to Hindu religious institutions shall be
construed accordingly

8. FREEDOM TO
PRACTICE & PROPOGATE
RELIGION
• The right to profess a particular religion means enabling a person to
communicate his thought process , mindset and viewpoints to some other
people with an intention to spread his religion and make them well versed
and clear in their head, in the society.
• Though every person is entitled to the right to preach and expand the
religion of own wish and desire but it is also to be taken into account that
this right shouldn’t be taken for granted that is , the freedom allotted should
not be abused .
• The person while exercising this right should ensure that he is not indulging
in any sort of criminal or other anti- social activities.

9. CONT…
• One needs to always bear in mind that, in the process of utilizing this freedom for
one’s own personal good or benefit the societal peace is not at all hampered and no
harm or any kind of pain is inflicted upon any member in the society .
• He needs to confirm that while exercising this right given to him by the constitution
he does not hurt the religious sentiments of the other devotees.
• The law does not permit any citizen to impose his religious views or opinions on
other individuals .
• Every citizen is expected to preach his religion in a rational manner .
• Immersing into immoral and illegal activities in the name of religion and disturbing
the order and unity of the country is not permissible.

10. Robasa Khanum vs. Khodabad Irani
The Court agreed with the law laid down by J. Chagla , in Robasa Khanum vs.
Khodabad Irani’s case , wherein the learned judge has held that the conduct of a
spouse who converts to Islam has to be judged on the basis of the rules of justice
equity and good conscience.
It was further observed that , looked from another angle , the second marriage of an
apostate – husband would be in violation of the rules of natural justice . Assuming
that a Hindu husband has a right to embrace Islam as his religion , he has no right
under the Act, to marry again without getting his marriage under the Act dissolved.
The second marriage after conversion to Islam , would, thus , be in violation of the
rules of natural justice and as such would be void. The Court remarked that all the
ingredients of Section 494 IPC were satisfied in this case, and therefore the offence of
bigamy had been committed

11. CONT…
• The Court was of the opinion that many Hindus have changed their religion
and have become converts to Islam only for the purposes of escaping the
consequences of bigamy.
• Since monogamy is the law of the Hindus whereas the Muslim law permits
as many as four wives , errant Hindu husbands embrace Islam to circumvent
the provisions of the Hindu law and to escape from penal consequences.
• A marriage solemnized under a particular statute and according to one
personal law cannot be dissolved according to another personal law , simply
because one of the parties has changed his or her religion.

12. Sarla Mudgal V. Union of India
• In Sarla Mudgal V. Union of India, the questions which had come up for
consideration of the Supreme Court , where four petitions were filed under Art 32
of the Constitution Of India were:
1. Whether a Hindu husband who has been married under the provisions of the
Hindu Marriage Act, by embracing Islam is in a position to solemnise a second
marriage?
2. Whether such a marriage without even having the first marriage dissolved, can be
said to be a valid marriage under law, when the first wife continues to be a Hindu?
3. Whether the husband can be charged with the offence of bigamy under Section
494 of the Indian Penal Code?

13. SECULARISM IN INDIA
• When we talk about India, we can say that it is the land of diversity be
it in terms of race, religion, creed, community ,caste etc.
• It is a country where millions of people belonging to different caste,
sub –caste, race, dialects, and also those practicing different religions
have been residing since times immemorial.
• The differences when it comes to communities or religion or caste are
not at all looked upon as a drawback or impediment when it comes to
development but it is considered to be a crucial factor which serves as
a helping hand in enriching the culture not only in the society but also
in the nation as a whole .

14. CONT…
• India is absolutely neutral, unbiased and impartial when it comes to
exercising ones religious beliefs.
• The Constitution ensures that no citizen is deprived of this right to profess
the religion of his choice peacefully within the Indian territory.
• The Constitution has high regard and gives utmost importance to the
concept of Secularism.
• Secularism has great significance and also enjoys dignified recognition in the
eyes of law. The 42nd amendment of the constitution inserted the word
‘secular’ in the preamble.

15. M.H. Quareshi vs State of Bihar
In Quareshi v The State, an interesting question arose,
whether prohibiting cow- slaughter affected the religious
right of the Mahomedans. It was argued on behalf of the
petitioner that the sacrifice of a cow on the Bakri- Id day
was a part of the Muslim religion and also approved by the
Khuran. However, the Supreme Court rejected this
contention on the ground that satisfactory evidence to
support it had not been produced.

16. ARTICLE-26
• Freedom to manage religious affairs Subject to public order,
morality and health, every religious denomination or any section
thereof shall have the 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 law
S.P Mittal v UOI- Religious Denomination
must satisfy three conditions: common faith,
common organisation, and designation by
distinctive name.
There are several religions in India, such as
Islam, Christianity, parsis and Hinduism. And
members belonging to each of these religions
would be a denomination.

17. L. T .Swumiar v Commr. H.R.F
•In L. T .Swumiar v Commr. H.R.F. Madras it
has been held that even if a tax is imposed on
persons belonging to a particular religion, in
order to meet the expenses of that particular
religion , such tax is void

18. ARTICLE-27
• Freedom as to payment of taxes for promotion of any
particular religion:
No person shall be compelled to pay any taxes, the
proceeds of which are specifically appropriated in payment
of expenses for the promotion or maintenance of any
particular religion or religions denomination

19. ARTICLE-28
• Freedom as to attendance at religious instruction or religious worship in
certain educational institutions
(1) No religion instruction shall be provided in any educational institution wholly
maintained out of State funds
(2) Nothing in clause (1) shall apply to an educational institution which is administered
by the State but has been established under any endowment or trust which requires
that religious instruction shall be imparted in such institution
(3) No person attending any educational institution recognised by the State or
receiving aid out of State funds shall be required to take part in any religious
instruction that may be imparted in such institution or to attend any religious worship
that may be conducted in such institution or in any premises attached thereto unless
such person or, if such person is a minor, his guardian has given his consent thereto
Cultural and Educational Rights
EXCEPTION

20. CASE STUDY
• S.R. Bommai vs Union of India - Secularism
• Aruna Roy v UOI
• Commr. Of Police vs Acharya Jagdishwarananao –
Tandav in public is not a part of Anand Marg
• S.P. Mittal v UOI
• Ismail Farooqui vs UOI, 1994 (Ayodhya Case) – from
V.N. Shukla