CONSTITUIONAL LAW

FREEDOM OF REILGION

ARTICLE 25 TO 28

Submitted To: Dr.Shruti Bedi

Submitted By: Manbani Kaur Ohri

Roll Number: 182/13

Semester: 4th

Section: A

Acknowledgment

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Table of Content

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The Constitution of India 1949

Article 25

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(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

Article 2626. 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

Article 2727. 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

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promotion or maintenance of any particular religion or religious denomination1

Article 2828. 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

India as a Secular Nation

Secularism in India means equal treatment of all religions by the state. Unlike the Western concept of secularism which envisions a separation of religion and state, the concept of secularism in India envisions acceptance of religious laws as binding on the state, and equal participation of state in different religions.

With the 42nd Amendment of the Constitution of India enacted in 1976, the Preamble to the Constitution asserted that India is a secular nation. However, neither India's constitution nor its laws define the relationship between religion and state. The laws implicitly require the state and its institutions to recognize and accept all religions, enforce religious laws instead of parliamentary laws, and

respect pluralism. India does not have an official state religion. The people of India have freedom of religion, and the state treats all individuals as equal citizens regardless of their religion. In matters of law in modern India, however, the applicable code of law is unequal, and India's personal laws - on matters such as marriage, divorce, inheritance, alimony - varies with an individual's religion. Muslim Indians have Sharia-based Muslim Personal Law, while Hindus, Christians, Sikhs and other non-Muslim Indians live under common law. The attempt to respect unequal, religious

1 Bare Act ,the constitution of India

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law has created a number of issues in India such as acceptability of child marriage,polygamy, unequal inheritance rights, extrajudicial unilateral divorce rights favorable to some males, and conflicting interpretations of religious books.

Secularism as practiced in India, with its marked differences with Western practice of secularism, is a controversial topic in India. Supporters of the Indian concept of secularism claim it respects Muslim men’s religious rights and recognizes that they are culturally different from Indians of other religions. Supporters of this form of secularism claim that any attempt to introduce a uniform civil code, that is equal laws for every citizen irrespective of his or her religion, would impose majoritarian Hindu sensibilities and ideals, something that is unacceptable to Muslim Indians. Opponents argue that India's acceptance of Sharia and religious laws violates the principle of equal human rights, discriminates against Muslim women, allows unelected religious personalities to interpret religious laws, and creates plurality of unequal citizenship; they suggest India should move towards separating religion and state.

Religion Definition

A religion is an organized collection of beliefs, cultural systems, and world views that relate humanity to an order of existence. Many religions have narratives, symbols, and sacred histories that aim to explain the meaning of life and/or to explain the life or the Universe. From their beliefs about the cosmos and human nature, people may derive morality, ethics, religious laws or a preferred lifestyle.

Many religions may have organized behaviors, clergy, a definition of what constitutes adherence or membership, holy places, and scriptures. The practice of a religion may include rituals, sermons, commemoration or veneration (of a deity, gods or goddesses),sacrifices, festivals, feasts, trance, initiations, funerary services, matrimonial services, meditation, prayer, music, art, dance, public service or other aspects of human culture.

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