What is Right to Freedom of Religion? Know about Secularism

Posted on April 16th, 2021

Right to Freedom of Religion

What is the Right to Freedom of Religion? Know about Secularism

RIGHT TO FREEDOM OF RELIGION

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What is the right to freedom of religion?

Religion is a matter of faith or belief. The Right to Freedom of Religion under Articles 25 to Article 28 and The Constitution of India recognizes the importance of religion in the lives of the people of India. The Constitution of India establishes a secular model and gives every person the right to choose and practice his religion. The Supreme Court has ruled in many cases that secularism is the basic structure of the Constitution, the most important of which is the Kesavananda Bharati case. The people of India mainly follow Islam, Hindu, Jain, Buddhist, Sikh, and Christianity. In India, there are religious-specific laws, and Goa is the only state to have a unified civil code known as the Goa Civil Code. The constitution supports religious unity, which means that the people of India show love and affection for the various religions of the country.

 

Which are articles comes under the right to freedom of religion?

Articles 25 to 28 of the constitution guarantee the right to freedom of religion to all Indians. This topic, which is associated with the concept of secularism, is very important for the UPSC exam. In this article, you can read about all these rights.

The Constitution of India guarantees the right to freedom of religion not only to individuals but also to religious communities in India. It is included in articles 25 to 28.

 

Article 25 (Freedom of conscience, free employment, practice and promotion of religion)

i. Article 25 guarantees the freedom of conscience and the freedom of all citizens to claim, practice, and propagate their religion.

ii. The above freedoms are subject to public order, health and morality.

iii. The article also provides a provision for the state to legislate:

iv. It regulates and regulates economic, economic, political, or other secular activities related to any religious practice.

v. It helps in social welfare and reform of all classes and sections of Hindus or to open Hindu religious institutions of a common nature. Under this provision, Hindus are considered to include Sikhs, Jains, and Buddhists, and are determined according to Hindu institutions.

vi. Sikhism is believed to involve Sikhs wearing the kirpan.

 

Article 26 (Freedom to deal with religious matters)

i. This article provides that all religions have the following rights: morality, health, and public order.

ii. The right to create and maintain institutions for religious and charitable purposes.

iii. The right to conduct one’s own affairs in matters of religion.

iv. Right to immovable and movable property.

v. The right to give such property by law.

 

Article 27 (Freedom to pay taxes for the upliftment of a particular religion)

i. As per Article 27 of the Constitution, there will be no tax and the income will be used directly for the upliftment and / or maintenance of a particular religion / sect.

 

Article 28 (Freedom to participate in religious education or worship in some educational institutions)

i. This article allows educational institutions created by religious groups to spread religious teachings.

ii. It stipulates that no religious instruction will be given in government-run educational institutions.

iii. However, state-run educational institutions are exempt from the above provision for the requirement of religious instruction in any settlement or any institution established under any trust (religious instruction will not be given).

iv. No person attending any state-recognized educational institution or receiving state aid may engage in any religious instruction provided in such institutions or, unless he consents, to such institutions. I cannot participate in any religious service. the same. In the case of minors, parental consent must be given.

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What is Secularism?

secularism

The meaning of the term ‘Secularism’ is different from religion.

i. It means separation of religion from government, social, economic and cultural spheres.

ii. Religion here is a very personal matter.

iii. The state of India is a secular country without religion.

iv. However, in India it means equal respect for all religions and religions.

v. The term is part of the basic structure of the constitution. It was added by the 42nd amendment to the constitution.

vi. This idea is highly respected in Indian democracy.

vii. Secularism is an integral part of Indian culture as seen in many beliefs that have existed in this country for centuries.

viii. All religions in India have the same right without any discrimination.

ix. Secularism is about the development, understanding and respect of different religions. It is believed that the term ‘secularism’ originated in medieval Europe. In 1948, during the Assembly debate, Katie Shah demanded that the word “secular” be included in the Preamble to the Constitution. Members of the Legislature accepted the secular nature of the Constitution but did not include it in the Preamble. Later, in 1976, the Indira Gandhi government enacted the 42nd Amendment Act and added the word ‘secular’ to its introduction. The 42nd Amendment, also known as the ‘Mini Constitution’, is the most comprehensive amendment of the Constitution.

x. In the highly controversial Ayodhya case, the Supreme Court ruled that the Constitution upholds equality of all religions. The secular commitment of our country and its people can be nurtured through tolerance and mutual support.

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What is Indian and Western models of secularism?

i. As described above, the term secularism refers to the separation of state from religion. However, this concept has somewhat different meanings in Indian and Western countries. This is discussed below.

ii. In the Western model, secularism refers to the complete separation of the state from the church. This revolution owes much to the French Revolution, which sought to establish a ‘secular’ government, which did not affect the Church or the clergy.

iii. The two institutions (church and government) do not interfere in each other’s domains.

iv. However, in India, the government and religion are not waterproof compartments.

v. While the state must maintain an equal distance from all religions, the government’s influence is limited to religious matters, albeit to a limited extent.

vi. Unlike the Western model where the state does not provide financial support to any religious institution, the state has chosen a positive intervention model.

vii. The state empowers religious minorities to establish their own educational institutions, and in some cases assist these institutions.

viii. Many Hindu temples are directly owned by the state.

viii. The state has established boards and waqf boards for the management of large temples.

ix. In India, when we talk about society and society, the word pluralism fits better than the word secularism.

x. Until some time ago, Western societies were synonymous with religious (other) minorities.

xi. In India, over the centuries, many religions have shared space and evolved together in every sense.

 

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What is the right to religion?

right to religion

The right to freedom of religion gives individuals the right to accept any religion of their choice. It also includes the freedom to change one’s religion or beliefs.

 

What does freedom of religion mean in the Indian constitution?

freedom of religion mean in the Indian constitution

Article 25 gives every person the right to freedom of conscience and to freely practice, practice, and promote religion subject to the order, morality, and health in public. Article 26 empowers all classes to rule themselves in matters of religion.

 

How is the right to freedom of religion a guarantee of secularism by the Indian Constitution?

The purpose of this right is to uphold the principle of secularism in the country. The government does not give preference to one religion over another.

 

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What is the conclusion?

India is one of the most religiously diverse countries in the world. As a secular country, it has no religion of its own, and every citizen has the right to choose, practice, propagate and change their religion. However, these rights are not absolute and are subject to certain restrictions provided by the Constitution. In the name of religion, no person can do anything against public policy or create any kind of unrest or intolerance among the people of India.

Takshila learning helps you understand the positive aspect of our secular nation by making the ideas behind the right to freedom of religion clear. This is one of the basics needs of a country’s people hence needs to be clarified.

So, join Takshila learning and gain a better understanding about your fundamental rights

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