Freedom of conscience, the freedom to profess, practice, and propagate religion to all citizens is established by Article 25. The Constitution of India guarantees the right to freedom of religion to individuals and religious groups as a fundamental right enshrined in Articles 25 to 28. Article 25 deals with the freedom to practise and propagate any religion subject to restrictions imposed by the constitution. This Fundamental Right is an important topic for the UPSC Exam as India is a secular nation. In this article, we will explain the constitutional provisions and break down the important Supreme court judgements regarding this right.

Constitutional Provisions

• Article 25 provides all people with the right to freedom of conscience, as well as the right to profess, practise, and propagate religion. The implications of these are:
  • Freedom of conscience: Inner freedom of an individual to mould his relation with God or Creatures in whatever way he desires.
  • Right to profess: Declaration of one’s religious beliefs and faith openly and freely.
  • Right to practice: Performance of religious worship, rituals, ceremonies and exhibition of beliefs and ideas.
  • Right to propagate: Transmission and dissemination of one’s religious beliefs to others or exposition of the tenets of one’s religion. But, it does not include a right to convert another person to one’s own religion. Forcible conversions impinge on the ‘freedom of conscience’ guaranteed to all the persons alike.
• It is evident from the above that Article 25 encompasses not only religious beliefs (doctrines), but also religious behaviours (rituals). Furthermore, these rights are open to all individuals, including citizens and noncitizens.
• The freedoms described above are constrained by public order, health, and morality.
• This article also states that the state has the authority to enact legislation:
  • that controls and bans any financial, economic, political, or other secular activity related to any religious practice.
  • that allows for social welfare as well as the reform or opening up of Hindu religious institutions of a public nature to all Hindu sections and classes. Hindus are defined as persons who practise the Sikh, Jain, or Buddhist religions, and Hindu institutions are defined as well.
• People of the Sikh faith who wear and carry the kirpan are considered part of the Sikh religion's profession.
• The wearing and carrying of kirpans is to be included in the Sikh religion's profession.
• In this perspective, Hindus include Sikhs, Jains, and Buddhists.
• Article 25 of the Indian constitution is one of the most misunderstood.

Constituent Assembly Debates

• Right to freedom of conscience and free profession, practice, and propagation of religion was extensively debated in the constituent assembly with some members showing concerns and some defending article 25.
• Prof.KT Shah and others feared that the right to propagate would facilitate forced conversions, and proposed amendments or removal of this clause or practice of religion in the private domain.
• Lakhsmi Kanta Maitra and others felt that forced conversions did not come within the ambit of this right and it will promote understanding and peace.

Restrictions on Article 25

• Article 25 does not grant the authority to convert someone to one's own religion.
• Forcible conversions are not permitted since everyone has the right to "freedom of conscience."
• It is obvious from the above that Article 25 encompasses not only religious beliefs (doctrines), but also religious behaviours (rituals).
• Religious freedom, like other rights, does not have an absolute right. There are some sensible constraints.
• Such as public order, morals, health, and other fundamental rights provisions.
• This article does not confer any rights, yet the public uses it as a religious right.
• For example, this rule does not grant persons the freedom to undertake animal sacrifices and religious rites in a crowded roadway or public location that causes annoyance to others.
• Article 25 does not permit the use of loudspeakers in temples or mosques.
• The use of loudspeakers during religious prayers and the use of firecrackers for religious occasions had come under scrutiny by the Supreme Court, which limited the time of bursting crackers.

Important Supreme Court Judgements

The National Anthem Case: Bijoe Emmanuel v. State of Kerala

• Three children belonging to a sect (Jehovah’s witness) worshipped only Jehovah (the creator) and refused to sing the national anthem “Jana Gana Mana” and was expelled from school by the headmistress.
• The Supreme Court held that the school children stood up in the assembly and didn't sing the national anthem and did not show any disrespect. Therefore forcing them to sing is a violation of Article 25.

M Ismail Faruqui v. Union of India

The Supreme Court, in this case, held that the mosque is not an essential part of Islam. Muslims can give Namaz (prayer) anywhere, including in the open, and it is not required to be done in a mosque.

Triple Talaq: Shayara Bano v. Union of India

• Talaq-e-biddat known as triple talaq is a kind of divorce through which a Muslim man could divorce his wife by uttering the words “talaq talaq talaq”.
• A 5 judges bench of the Supreme Court heard the case to decide if triple talaq is a matter of faith to the Muslims and whether it is constituent to their personal law.
• The court with a 3:2 majority ruled that the practice of Talaq-e-bidat is illegal and unconstitutional.

Restrictions on Freedom of Religion: In re, Noise Pollution case

The Supreme Court, in this case, gave certain directions to be followed to control noise pollution in the name of religion such as a ban on firecrackers and loudspeakers between 10 pm to 6 am.

Conclusion

India does not have its own religion because it is a secular country, and every citizen has the freedom to choose, practise, spread, and even change their faith. The right to religious freedom is guaranteed under Articles 25 to 28 of the Indian constitution. In the name of religion, no one can do anything that is against public policy or causes any type of unrest or intolerance among the Indian people due to the safeguards provided in the constitution.

FAQs

MCQs

1. Which of the following rights is guaranteed by Article 25 of the Indian Constitution?

A) Right to freedom of speech
B) Right to equality
C) Right to freely profess, practice, and propagate religion
D) Right to assemble peacefully

2. Under Article 25, the freedom to practice religion is subject to which of the following restrictions?

A) Public opinion
B) Public order, health, and morality
C) Gender equality
D) Age of the practitioner

3. Which of the following cannot be restricted under Article 25 of the Indian Constitution?

A) Right to change religion
B) Right to profess a religion
C) Right to propagate religion
D) Right to perform religious rituals

4. The right to propagate religion under Article 25 is:

A) Absolute
B) Subject to state regulations
C) Guaranteed to all citizens, irrespective of circumstances
D) Only applicable to non-minority religions

5. Which of the following practices can be regulated by the state under Article 25 of the Indian Constitution?

A) Religious dietary laws
B) Rituals of worship
C) Practices harming public health or morality
D) Personal beliefs of individuals

GS Mains Questions and Model Answers

Q1: Analyze the significance of Article 25 of the Indian Constitution in ensuring religious freedom while maintaining public order. How does it reflect the balance between individual rights and social harmony?

Answer: Article 25 of the Indian Constitution ensures religious freedom by granting individuals the right to profess, practice, and propagate their religion. This right is central to maintaining personal autonomy in a democratic society. However, the article also reflects a balance between individual rights and the need for social harmony. It allows the state to impose reasonable restrictions on religious practices that may disturb public order, public health, or morality. This provision ensures that religious freedom is not exercised in a manner that harms others or disrupts societal peace. For example, the state can regulate practices like untouchability or child marriage, which may be justified on religious grounds but conflict with public welfare and equality. The inclusion of these reasonable restrictions reflects the Indian constitutional commitment to both individual freedoms and collective well-being.

Q2: Discuss the limitations on religious freedom under Article 25. How does the Constitution ensure that religious freedom does not conflict with the other fundamental rights?

Answer: While Article 25 guarantees the freedom to practice religion, it does so with reasonable limitations. These limitations include the need to maintain public order, health, and morality, ensuring that religious practices do not violate the rights of others or disrupt social harmony. For example, practices such as the propagation of harmful religious doctrines, caste-based discrimination, or rituals that threaten public safety can be regulated. The Constitution ensures that religious freedom does not conflict with other fundamental rights, such as the right to equality, by permitting the state to intervene in cases where religious practices infringe upon the rights of individuals, particularly marginalized groups. These limitations allow for a balance between the individual's right to religious freedom and the protection of public order and personal dignity.

Q3: Examine the role of Article 25 in promoting religious tolerance and coexistence in India. How does it contribute to the pluralistic fabric of Indian society?

Answer: Article 25 plays a significant role in promoting religious tolerance and coexistence in India by guaranteeing individuals the right to practice and propagate their religion while ensuring that such practices do not infringe on public order, health, or morality. The article supports India’s pluralistic society by accommodating diverse religious beliefs and practices, including Hinduism, Islam, Christianity, Sikhism, Buddhism, and others. It allows for the peaceful coexistence of different religions, ensuring that no single religion dominates over others. Furthermore, by imposing restrictions that prohibit practices violating human dignity and public welfare, Article 25 ensures that religious freedom is exercised responsibly, contributing to the social harmony that characterizes Indian society.

Previous Year Questions on Article 25

1. UPSC CSE Prelims 2021:

Question: Which of the following is the limitation on the right to freedom of religion under Article 25 of the Indian Constitution?

A) Public opinion
B) Public order, health, and morality
C) Gender equality
D) Age of the practitioner

Answer: (B)

Explanation: Article 25 allows reasonable restrictions on religious freedom in the interest of public order, health, and morality, ensuring that religious practices do not harm public welfare.

2. UPSC CSE Mains 2019 (GS Paper 2):

Question: "Analyze the role of Article 25 in ensuring religious freedom in India. How does it reconcile individual rights with societal needs?"

Answer: Article 25 guarantees the freedom of conscience and the right to freely practice religion, but with reasonable restrictions to ensure public order, health, and morality. It allows for religious freedom while also preventing harmful practices that may disrupt social harmony or violate the rights of others. This balance between individual rights and social needs ensures a pluralistic society where different religions can coexist peacefully while safeguarding public interests.

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