Religious Rights and Reasonable Restrictions: A Critical Study | Important Acts and Laws for Judiciary Exams PDF Download

Abstract

• The Indian Constitution delineates a separation between a secular realm overseen by the State and a religious domain where it should not interfere. However, courts are frequently called upon to adjudicate various issues related to religion, with decisions potentially impacting religious beliefs and practices significantly. Legal proceedings require well-defined, standardized interpretations of many concepts to be established for them to be applicable within a legal framework. 
• Despite the recognition of a religious domain distinct from the secular, civil courts may have a direct responsibility to adjudicate civil rights cases involving religious matters, diverging from a strict policy of state secularism or the reformist inclinations of certain judges, which can vary over time or based on personal views. This paper analyzes select rulings from India's higher courts, exploring the contentious boundaries of judicial intervention and the ensuing interplay between law and religion.

Introduction

The term 'religion' remains undefined in the Constitution and resists precise definition. The Supreme Court has acknowledged that "Religion is primarily a matter of faith for individuals or communities and is not necessarily theistic. In India, religions like Jainism and Buddhism exist without belief in a God or a first cause."
Article 25 guarantees not only the right:

1. To practice religious beliefs according to one's conscience.
2. To manifest beliefs and thoughts through outward acts sanctioned by one's religion.
3. To propagate religious beliefs for the benefit of others.

The Supreme Court has interpreted the constitutional provisions concerning religious freedom, noting that the rights under Articles 25 and 26 are not absolute and can be subject to regulation by the state in the interest of social welfare. Through its interpretations, the Court seeks to strike a balance between fundamental issues and matters subject to regulation, as exemplified in the case of AS Narayana Deeshitalyu v State of Andhra Pradesh. Various landmark decisions have clarified the scope and implications of the religious liberty provisions in the Constitution. Noteworthy decisions include recognizing freedom of conscience as the right to hold beliefs deemed spiritually beneficial (Ratilal Panachand Gandhi v State of Bombay) and extending the notion of 'matters of religion' in Article 26 to encompass acts carried out in the pursuit of religion, covering rituals, observances, ceremonies, and modes of worship (Jagannath Ramanuj Das v State of Orissa).

Religious Freedom Subject to Public Order, Morality, and Health

• Article 25(1) of the Indian Constitution guarantees the right to freedom of faith but subjects it to public order, morality, and health considerations.
• The state can restrict religious practices if they pose a threat to peace and order, as seen in cases where the law prohibits immoral practices like the Devadasi system and Sati.
• Regulations like the Criminal Procedure Code and the Indian Penal Code aim to maintain peace and harmony by controlling religious processions and acts that may incite violence.

Religious Freedom Subject to Morality

• Religious freedom does not permit immorality in the name of faith, as the state can intervene to prevent immoral practices associated with religion.
• Acts like the Devadasi system and Sati have been regulated or prohibited due to their immoral nature, even though they were once considered religious practices.
• The state has the authority to declare certain practices illegal or regulate them based on moral grounds.

Religious Freedom Subject to Public Health

• The state has a duty to safeguard public health, even if it conflicts with certain religious beliefs or practices.
• Laws like the Penal Code of India criminalize actions like suicide or self-harm for religious purposes to protect individuals and public health.
• Practices like Sati, which may have religious roots but pose health risks, have been made criminal offenses.

Religious Freedom Subject to Regulation of Economic, Financial, Political, and Secular Activities Associated with Religion

• The state is empowered to regulate economic, political, and secular activities related to religion under Article 25(2)(a), while religious activities themselves are not subject to state regulation.
• The state can intervene in activities like the management of religious institutions or endowments to maintain order and prevent misuse of resources.
• Laws promoting social welfare and reform, like banning bigamous marriages or evil practices, are upheld as measures supporting the common good.

Religious Freedom Subject to Social Reform and Throwing Open Temples

• Article 25(2)(b) empowers the state to enact laws for social reform and to open Hindu religious institutions to all classes and sections of Hindus.
• Legislations like the Hindu Marriage Act and banning practices like Sati are upheld as measures for social reform and protection of human rights.
• These laws aim to ensure equal access and rights for all sections of society within religious institutions.

State Aid and State Restriction of Freedom of Religion

• Minority communities have the right to preserve their language, culture, and religion, as guaranteed by Articles 29 and 30 of the Indian Constitution.
• Article 29 ensures the right to maintain distinct language, script, or culture, while Article 30 grants minorities the right to establish and manage educational institutions of their choice.
• The state provides aid to educational institutions but also exercises control to ensure compliance with regulations and objectives set by the government.

Understanding Religious Freedom

• Religious freedom, according to Longstaff, encompasses freedom of belief, worship, moral conscience, and the freedom to evangelize. While this definition is broader than a minimalist perspective, it remains narrower than the comprehensive definitions found in international law.
• The Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) define religious freedom in various aspects:
  • Freedom of belief, moral conscience, and religion.
  • Freedom to practice religion individually, in groups, and in both public and private settings.
  • Freedom to express one's beliefs through worship, observance, practice, and teaching.
  • Freedom from coercion to adopt a particular faith or belief.
  • Freedom to provide religious and moral education to their children based on personal convictions.
• These rights and protections outlined in the UDHR and ICCPR are significantly more extensive compared to Longstaff's definition. They emphasize the freedom to manifest one's religion in various aspects of life, including public expression and educational settings.
• Religious freedom goes beyond personal beliefs and encompasses public expressions and educational aspects. It involves the ability to practice religion within a community and ensure religious and moral education for future generations.

By embracing the expansive definitions provided by international documents, it becomes evident that religious freedom extends well beyond individual beliefs and practices, impacting various facets of personal and communal life.

The Limits of Religious Freedom

Overview of Religious Freedom

• Religious freedom is subject to certain restrictions to prevent the infringement of other human rights and freedoms.
• Limitations on religious freedom are necessary to safeguard public safety, order, health, morals, and the rights of others.

Examples of Restrictions

• Activities like child sacrifice or spousal abuse cannot be justified under the guise of religious freedom as they harm others disproportionately.
• Refusing medical treatment based on religious beliefs or discriminating against individuals based on gender can also be deemed as disproportionate burdens on others.

Challenges to Religious Freedom

• Institutions may face dilemmas when their religious beliefs clash with anti-discrimination laws.
• Religious exemptions from discrimination laws are sometimes necessary to preserve the identity and ethos of religious organizations.

Importance of Religious Freedom

• Religious freedom is interconnected with other fundamental freedoms like freedom of speech, thought, conscience, and association.
• Restricting religious freedom can have a cascading effect on these related freedoms, highlighting the need for a balanced approach.

Conclusion

• Religion holds a profound significance in human life, shaping beliefs, convictions, and behaviors in society. Granting religious freedom allows individuals to express their diverse convictions, opinions, and deductions in accordance with their own faith, fostering growth and development within society. It profoundly influences the minds and convictions of individuals and plays an indispensable role in governing their behavior, particularly in Indian society.
• Indians are deeply attached to their religious beliefs, and any attempt to obstruct or interfere with their religious worship is met with vigilance. However, while exercising this fundamental right, it is crucial to ensure that it does not disrupt the peace and harmony of society. It is essential to consider the consequences that may arise if this right is misused or undervalued. Maintaining a delicate balance between religious freedom and societal harmony is imperative for the well-being of the community as a whole.