Right to Freedom of Religion

Right to Freedom of Religion (Articles 25–28 of the Constitution of India)

The Right to Freedom of Religion is a Fundamental Right guaranteed under Part III of the Constitution (Articles 25–28). It ensures that every citizen of India has the freedom to practice, profess, and propagate any religion of their choice, while maintaining the secular character of the state.

This right is essential for protecting individual liberty, social harmony, and India’s secular framework.

Key Features

1. Guaranteed to All Citizens:

   • Applies to every citizen of India, regardless of religion.

2. Freedom of Conscience:

   • Individuals have the right to follow any religion or no religion at all.

3. Secular State:

   • India does not have an official religion; the state treats all religions equally.

4. Reasonable Restrictions:

   • Freedom is subject to laws for public order, morality, health, and other essential interests of society.

5. Protection of Religious Institutions:

   • Religious communities can manage their affairs and institutions without undue interference.

Articles under Right to Freedom of Religion

Article 25 – Freedom of Conscience and Free Profession, Practice, and Propagation of Religion

• Key Points:

  1. All citizens can profess, practice, and propagate any religion.

  2. The state can impose restrictions in the interest of public order, morality, and health.

• Significance: Protects personal belief and religious practice.

Article 26 – Freedom to Manage Religious Affairs

• Key Points:

  1. Every religious group can establish and maintain institutions for religious and charitable purposes.

  2. Can manage property, funds, and activities related to religion.

  3. Subject to laws made by the state for public welfare.

• Significance: Protects the autonomy of religious communities.

Article 27 – No Compulsion to Pay Taxes for Religious Purposes

• Key Points:

  1. Citizens cannot be forced to pay taxes to support any religion.

  2. Ensures state neutrality in religious matters.

• Significance: Prevents misuse of public funds for promoting religion.

Article 28 – Freedom from Religious Instruction in Certain Educational Institutions

• Key Points:

  1. No religious instruction in state-funded educational institutions.

  2. Religious instruction may be allowed in private institutions run by minorities.

• Significance: Maintains secular education while respecting minority rights.

Importance of Right to Freedom of Religion

• Protects Individual Liberty: Ensures citizens can follow or change religion freely.

• Strengthens Secularism: Guarantees equal treatment of all religions by the state.

• Promotes Social Harmony: Encourages tolerance, understanding, and peace among different communities.

• Supports Minority Rights: Ensures religious minorities can practice and manage their institutions.

Practical Examples

• A citizen can attend a place of worship of their choice.

• Religious groups like Sikhs, Muslims, Christians, or Hindus can run their own schools, temples, or charitable institutions.

• No citizen can be forced to pay taxes to support a church, mosque, or temple.

• State schools cannot compel students to attend religious classes, but minority schools may include religious education.

Conclusion

The Right to Freedom of Religion safeguards the pluralistic and secular character of India. It balances individual liberty with public welfare, ensuring that citizens can follow their faith freely, while the state remains neutral in religious matters. By protecting this right, India fosters tolerance, diversity, and social harmony.