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Introduction

The Indian Constitution, which was ratified on January 26, 1950, is the basis of India’s democratic structure, providing citizens with a set of fundamental rights that serve as the foundation for individual liberties. The right to religious freedom is especially significant, as it demonstrates the country’s commitment to religious diversity and harmony. In this article, we will examine the Indian Constitution’s fundamental rights, with a particular emphasis on the right to religious freedom.

Fundamental Rights in the Indian Constitution

The framers of the Indian Constitution recognized the importance of maintaining individual liberties and hence established a list of fundamental rights. These rights are enshrined into Part III of the Constitution and serve as a check on arbitrary state action.

Right to Equality (Article 14-18)

The right to equality assures that all citizens are treated fairly and equally. It ensures equality before and equal protection of the laws. Article 15 forbids discrimination based on various reasons including religion. Through these articles a society can flourish, fostering inclusivity and fairness.

Right to Freedom (Article 19-22)

The right to freedom encompasses numerous privileges essential for individual persons growth. Article 19 provides freedoms of expression, assembly, association, mobility, residence, and the right to perform any profession or occupation. These rights allow persons to express their opinions and be a part of various activities but with reasonable limit.

Right against Exploitation (Article 23-24):

Articles 23 and 24 concern exploitation, including outlawing forced labour and child labour. These provisions are consistent with the broader principle of human dignity, safeguarding exploitation due to religious beliefs. The right to freedom of religion is essential to India’s secular identity.

Right to Freedom of Religion (Article 25-28)

Article 25 provides freedom of good conscience and the right to profess, practice, and propagate any religion. This right however, is not absolute and is subject to reasonable limitations in the interests of public order, morality and decency Articles 26–28 guarantee religious denominations’ rights, restrict the use of public funds for religious purposes, and regulate religious instruction in state-funded educational institutions

Doctrine of essential practises

The SC in the preview of religious practices established the concept of essential practices. This practice permits the state to interfere only in the case where the religious practice is determined to essential for the whole religion itself along with maintaining religion, the state also has authority to curb practice that are considered important and essential for a faith.

Application to the doctrine of essential practises

The fundamental idea upon which this doctrine stands upon is the essential practises followed through customs and age-old traditions. In certain cases, like:

Shirur Mutt Case (1954):

The Shirur Mutt case established the Doctrine of Essential Practices. The Supreme Court ruled that the state could regulate or prohibit commercial, financial, or secular activity associated with religion practices but not interfering with fundamental religious rituals. This case established the tone for future interpretations and implementations of the concept.

Sabarimala Temple Case (2018):

A more recent and much debated application of the doctrine occurred in the Sabarimala Temple case. The Supreme Court handled the complexity of religious rituals by overturning the ban on women of menstrual age entering the temple. The court noted that, while some practices may be necessary, they cannot violate constitutional norms, particularly those pertaining to gender equality.

Challenges and interpretations:

Despite these constitutional provisions, obstacles to religious freedom have emerged over time. Controversies over religious conversions, interfaith weddings, and challenges with religious practice have tested the delicate balance between individual rights and societal cohesion.

The judiciary, as stewards of the Constitution, has been essential in interpreting and preserving the right to religious freedom. Landmark rulings have underscored the scope and limitations of this freedom, emphasizing the significance of peaceful cohabitation among many religious faiths in a secular society.

Conclusion

Lastly, the fundamental rights provided by the Indian Constitution, particularly the right to religious freedom, form the basis for a democratic and varied society. India’s Constitution demonstrates its commitment to secularism, laying the groundwork for a varied and inclusive society. However, challenges persist, needing ongoing discussion between legal concepts, societal standards, and individual liberty. As India aspires for a more egalitarian and peaceful society, the protection and promotion of fundamental rights, notably religious freedom, is critical. The judiciary, civil society, and citizens as a whole must all take an active role in ensuring that the promise of a secular and democratic India is kept for future generations.

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Written by- Namitha Ramesh