Omar Bennett
Religious freedom is a fundamental right guaranteed by the Indian Constitution, specifically Articles 25–28. Modern India came into existence in 1947, and its constitution was amended in 1976 to explicitly declare India a secular state. This means that all citizens have the right to practice and promote their religion peacefully, and the state must treat all religions impartially and without discrimination. Despite this, there have been instances of religious intolerance and violence against religious minorities in India, with human rights organisations expressing concern over the treatment of Muslims, Christians, Dalits, and Sikhs.
| Characteristics | Values |
|---|---|
| Secularism | Separation of the State from religion |
| Freedom of religion | Right to profess any religion of one's choice |
| Freedom of conscience | Right to freely profess, practice, and propagate religion |
| Equality | Equal respect for all religions and faiths |
| Impartiality | Impartial treatment of all religions by the State |
| No discrimination | No discrimination based on religion |
| Religious propagation | Right to spread religion without fear of government intervention |
| Religious conversion | No restriction on conversion to another religion |
| Religious instruction | Religious instruction allowed in educational institutions maintained by religious groups |
Explore related products
What You'll Learn
Freedom of religion as a fundamental right
Freedom of religion is a fundamental right guaranteed by the Indian Constitution. Articles 25 to 28 of the Constitution provide individuals with the right to profess any religion of their choice, as well as the freedom to change their religion or beliefs. This includes the freedom to practice and promote one's religion peacefully, without any fear of government intervention. The Indian Constitution also mandates a secular state, requiring the state to treat all religions impartially and prohibiting discrimination based on religion.
Article 25 gives every person the right to freedom of conscience and the right to freely profess, practice, and propagate their religion, subject to public order, morality, and health. This means that individuals can spread their religious beliefs among everyone, as long as it does not adversely affect public order, morality, or health. The same article also guarantees the right to manage one's own affairs in matters of religion, the right to acquire and administer property according to the law, and the right to no taxes on religious promotion or maintenance.
Article 26 gives all denominations the right to manage their own affairs in matters of religion, further emphasising the freedom of religion in India. The objective of these rights is to sustain the principle of secularism in the country, which has been an inalienable part of Indian culture due to the multitude of faiths that have coexisted in the country for centuries.
Despite the constitutional guarantees of freedom of religion, there have been reports of religious intolerance and violence against religious minorities in India. For example, in 2021, there were 486 incidents of violence against Christians in the country, including neighbourhood skirmishes, targeted killings, and armed assaults. Additionally, the government of Jammu and Kashmir has banned the Grand Ashura Procession of Shia Muslims in Kashmir, detaining and injuring those who participate.
In conclusion, while the Indian Constitution guarantees freedom of religion as a fundamental right, there have been challenges and incidents of religious intolerance and violence. It is important for the state to uphold the constitutional rights of its citizens and protect all religious groups, treating them impartially as mandated by the Constitution.
The Indian Constitution: A Multi-Party Democracy Explained
You may want to see also
Secularism in India
India is a secular state, as explicitly declared in the preamble of its constitution, which was amended in 1976. The right to freedom of religion is a fundamental right guaranteed by Articles 25–28 of the Indian Constitution. These articles give individuals the right to profess any religion of their choice, as well as the freedom to change their religion or beliefs. Every citizen of India has the right to practice and promote their religion peacefully, as long as it does not adversely affect public order, morality, or health.
The concept of secularism is deeply rooted in Indian culture, with a multitude of faiths co-existing in the country for centuries. India is a land of diversity in terms of race, religion, creed, caste, and community. The state treats all religions impartially and prohibits discrimination based on religion. The Indian Constitution also guarantees the right of all religious groups to manage their own affairs and administer their properties according to their laws.
However, despite the constitutional guarantees of religious freedom, there have been numerous instances of religious intolerance and violence against religious minorities in India. In recent years, there have been reports of violent incidents against Christians and Muslims, with some alleging that the BJP-RSS regime is establishing the ideology of Hindu supremacy, leading to the persecution of religious minorities.
To address these challenges, the U.S. government has engaged with civil society representatives and government officials to underscore the importance of respecting human rights, including religious freedom. The Indian government has also faced pressure from religious civil society groups to take stronger action to protect religious minorities in the country. While India is committed to secularism and religious freedom, the country continues to grapple with ensuring the protection of the religious rights of all its citizens.
Exploring the Fundamentals of Indian Constitution's Part IV
You may want to see also
Religious intolerance and violence
Instances of religious violence in India can be traced back to ancient texts, with the Ashokavadana mentioning an order from the Maurya Emperor, Ashoka, to kill all the Ājīvikas in Pundravardhana, resulting in the execution of around 18,000 followers of the Ajivika sect. The Muslim conquests and empires have also been viewed as a prolonged period of violence against Hindu culture, with the quest for Jihad by Mahmud of Ghazni and the reign of Aurangzeb seeing strong campaigns of religious violence and the forced conversion and destruction of temples.
During the colonial era, the British initially favoured Muslims to gain influence in Mughal India, but later shifted their support, attempting to partition Bengal along religious lines in 1905, which resulted in waves of religious riots. This policy of divide and rule pitted Hindus and Muslims against each other, eventually leading to the partition of India.
In modern times, religious intolerance and violence persist, with numerous instances of riots and mob attacks. The 1984 Sikh Massacre in Delhi, the 1990 Exile of Kashmiri Pandits, the 1992-93 Bombay Riots, and the 2008 Anti-Christian riots in Odisha are notable examples. Lower castes and minorities are particularly vulnerable, with Dalits, the lowest-caste Hindus, facing societal ill-treatment and a high rate of rape. Hindu nationalist groups have been accused of campaigning to "Saffronize" India through violence and intimidation against non-Hindus, and several states have passed anti-conversion laws that impact religious minorities.
The growing trend of religious extremism and violence against Christians, Muslims, Sikhs, and Dalits has raised concerns about India's secular credibility. Hindu extremist groups have been accused of orchestrating attacks, such as the killing of a Hindu leader, Swami Laxanananda Saraswati, in 2008, which triggered a new wave of violence against Christians. The World Council of Churches expressed alarm about the increasing communal violence and intolerance, urging the Indian government to take action to protect religious minorities and restore communal harmony.
Who is the True Head of India's Constitution?
You may want to see also
Explore related products
$24.95 $30
$41.79 $55.99
Anti-conversion laws
Freedom of religion in India is a fundamental right guaranteed by Article 25–28 of the Constitution. The country became officially secular in 1976 when the preamble of the Indian Constitution was amended to explicitly declare this.
However, anti-conversion laws in India are seen as a violation of this secularism and religious freedom. These laws are a set of judicial rules that restrict or prohibit the conversion of faith (proselytism) from one religion to another. They are meant to prevent forced conversions and are punishable by imprisonment and/or a fine.
After Indian independence, the Constituent Assembly's Advisory Committee on Fundamental Rights proposed a clause against conversion by "coercion or undue influence", but this was rejected. The Indian Conversion (Regulation and Registration) Bill was put forward in 1954, which aimed to administer the "licensing of missionaries and the registration of conversion with government officials", but this was also turned down.
The first state to pass a Freedom of Religion Act was Orissa in 1967, which was challenged on the basis of Article 25 of the Constitution. This was followed by Madhya Pradesh in 1968 and Arunachal Pradesh in 1978, although the latter was never enacted. The Supreme Court of India upheld these laws as constitutional, stating, "What is freedom for one is freedom for the other in equal measure and there can, therefore, be no such thing as a fundamental right to convert any person to one's own religion".
In 2000, Chhattisgarh passed an anti-conversion law, followed by Gujarat State in 2003, prohibiting forced or money-induced conversions. Since 2014, under the Narendra Modi-led Bharatiya Janata Party (BJP) government, most of the anti-conversion laws in India have been implemented, except in Chhattisgarh, Himachal Pradesh, and Odisha. The BJP has been accused by other parties and non-Hindu religions of reviving prohibitionary laws.
In 2022, the BJP passed the Karnataka bill for anti-conversion law, which was opposed and protested against by the Indian National Congress, the Janata Dal (Secular), and the Christian community, who argued that it was unconstitutional.
American Indian Films: Authenticity and Representation
You may want to see also
Religious freedom and pluralism
Religious freedom is a fundamental right guaranteed by the Indian Constitution, specifically Articles 25 to 28. These articles ensure that every citizen has the right to practice and promote their religion peacefully, with no discrimination or state intervention. This includes the freedom to change one's religion or beliefs, and the right to manage one's own affairs in matters of religion. The Indian Constitution also mandates a secular state, where there is equal respect for all religions and faiths, and the state treats all religions impartially.
However, despite these constitutional protections, India has faced challenges in ensuring religious freedom and pluralism. There have been numerous instances of religious intolerance and violence against religious minorities, including Christians and Muslims. In 2021, there were reports of 486 and 761 violent incidents against Christians, respectively. Additionally, in the 1990s, the Grand Ashura Procession in Kashmir, a religious mourning ceremony for Shia Muslims, was banned by the Government, resulting in the detention and injury of participants.
To address these issues, several Indian states passed Freedom of Religion Bills to prevent forced religious conversions. However, these laws have been controversial, with some Christians protesting that propagation of their faith is an important part of their religion. The Supreme Court upheld these laws, stating that freedom of religion is a fundamental right, but it applies equally to all, without the right to convert others.
The concept of secularism in India differs slightly from the Western model, which connotes a complete separation of state and church, originating from the French Revolution. In India, secularism allows for the state's involvement in religious affairs, such as permitting educational institutions maintained by religious groups to provide religious instruction, as long as it is done impartially and without discrimination.
Despite the challenges, India remains committed to religious freedom and pluralism, as evidenced by its constitution and the high regard for these values in Indian democracy and culture. The country's diversity in terms of race, religion, creed, caste, and community underscores the importance of upholding these principles.
The Evolution of Indian Constitution: Bill Count
You may want to see also
Frequently asked questions
Religious freedom in the Indian Constitution is a fundamental right guaranteed by Article 25–28. It provides freedom of conscience and the right of all individuals to freely profess, practice, and propagate religion.
India's right to freedom of religion includes the freedom to change one's religion or beliefs. It also includes the right to manage one's own affairs in matters of religion, the right to acquire and administer property according to religious law, and the right to disseminate religious instruction in educational institutions not run by the state.
Secularism in India indicates the separation of the state from religion. This means that India is officially a secular state with no official religion. The state is expected to treat all religions impartially and prohibit discrimination based on religion.
Yes, there are some restrictions on religious freedom in India. For example, Article 27 of the Constitution prohibits taxes from being used for the promotion or maintenance of any particular religion. Additionally, several Indian states have passed Freedom of Religion Bills to prevent religious conversions, particularly to Christianity.
Despite the constitutional protections for religious freedom, there have been reports of religious intolerance and violence in India. This includes the 1984 Sikh Massacre, the 1990 Exile of Kashmiri Pandits, the 1992-93 Bombay Riots, and more recent incidents of violence against Christians and Muslims.
