Jai Hanuman Ji

CONCEPT OF RELIGIOUS LIBERTY

UNDER CONSTITUTION OF INDIA: A
CRITICAL STUDY

THESIS

SUBMITTED FOR THE AWARD OF THE DEGREE OF

DOCTOR OF PHILOSOPHY
IN

LAW
SUPERVISED BY: SUBMITTED BY:
DR PRATIMA DEVI POOJA YADAV
ASSOCIATE PROFESSOR Reg. No. 10-RUR-3254

DEPARTMENT OF LAW

MAHARSHI DAYANAND UNIVERSITY

ROHTAK-124001 (HARYANA)

(MARCH - 2023)
Chapter 6
Conclusion & Suggestions

Religious practice is a matter of personal or communal faith and conviction,

and it doesn’t always have to be religious in nature. The essence of a religion may be
summed up in its core tenets: a collection of ideas and teachings that adherents of that
religion feel contribute positively to their own personal spiritual development.
Nonetheless, it might be a misconception to say that religion is merely the collection
of dogmas and concepts held by its adherents. A religion may not only develop a set
of moral principles for its members to follow, but it also may construct a set of rituals,
rites, and forms of worship that are viewed as fundamental to the religion itself. This
can be done in addition to the establishment of the moral rules. It’s possible that these
rituals and observances involve items such as meals and attire as well. As a
consequence of this, the answers to questions of religious faith and belief are largely
dependent on the individual. Each individual have the liberty to do so but additionally
to privately encourage any such spiritual opinions and thoughts that may be
acceptable according to his or her sense of morality or decision, additionally they can
publicly discuss such opinions and thoughts by overt actions that are actually allowed
by their chosen religion. This right extends beyond the ability to merely entertain
such ideas and beliefs; it also includes the ability to openly express such beliefs and
ideas.
The formation of a person’s personality is significantly influenced by their
religious beliefs. The State has a difficult obligation to recognize and resolve the
competing demands of its citizens on specific counts in a country like India, where
people of a diverse range of spritiual traditions and sects live side by side. However,
practically all religious beliefs share the notion that a supernatural force exists and is
in control of the universe. India has been dominated by other nations for many years,
yet even then, they have retained the people’s religious beliefs and cultural legacy in
their original form, without making any significant or drastic modifications to their
religious doctrines and practices. There are numerous instances throughout history
that showed how individuals in this country, despite significant disparities in their

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way of life and religious beliefs, had exercised remarkable restraint and supported
one another in an atmosphere of perfect peace. However, despite Pakistan’s
independence from India, it seems that there has been a progressive deterioration in
the country’s racial harmony since the establishment of the Constitution. Along with
the ongoing and essentially unchecked ethnic violence in the North-East, the most
significant and noticeable conflicts may be seen in the areas of interactions between
Hindus and Muslims and Hindus and Sikhs.

When we evaluate the strategy of the Indian constitutional framework, we

conclude that the introductory section of the Constitution of India appropriately
asserts that everyone must have liberty of speech, representation, faith, belief, and
pray. If we take into account the strategy of the Indian constitutional framework, then
we find this to be the case. In order to achieve this goal, the privilege of religious
liberty is granted a significant position in Part III of the Indian Constitution and is
listed on the list of basic rights. One may take any route to reach ‘mosha’ or ‘readh’
the Almighty at his or her own discretion. Indian secularism makes it abundantly
clear that even though the state does not practice any particular faith of its own, it
does not consider itself "purely unbiased" in issues of religion in the given context
that this really guards all faiths equivalently and without any preference or bias. This
is made clear by the fact that while the state does not have a particular religion of its
own, it does not have a particular religion of its own. Nonetheless, the state will not
interfere in religious affairs to the extent that a certain faith or conduct does not
conflict with moral conduct, safety, as well as other issues. This is one of the ways in
which the state maintains its separation from religion. A person is at liberty to praise
at a Temple, Gurudwara, Church, or Mosque of his choosing so long as he does not
interfere with the actions of other people or the exercise of their sovereign
responsibilities. This freedom extends to the person’s ability to attend any
combination of these places of worship.
A faith could not just establish a set of moral guidelines for its adherents to
abide by, but it may also establish observances, modes of worship, rituals, and other
practices, all of which are seen as essential components of the religion itself. These
practices may even extend to laws about what is permitted to eat and wear. Thus,

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religion mostly relates to one’s own personal faith and beliefs. Every individual is
granted the freedom to not just think about any religious opinions and thoughts that
he or she believes to be acceptable depending on his or her moral compass or moral
judgement, but they can also freely declare such convictions or thoughts by internal
factors which have been empowered by their respective religions. This right includes
the right to contemplate any religious beliefs and ideas that may be acceptable to his
or her moral compass or moral judgement.
Man does not survive just on his knowledge. He is an emotional being. In
times of hardship and disappointment, religion may help a person’s emotions.
Religion has confidence in God and entertains the idea that even his loss is important
because of some enigmatic force that operates behind the scenes. Religion, in this
manner, provides relief from sadness and anxiety. Man can cope with his annoyance
and blend his individuality with its aid. Religion extends one’s self to boundless
proportions. A sense of ennoblement comes over man when he merges with the
Infinite. The self-flattery that religious belief provides is beneficial to society as a
whole. Religion promises that those who fail in this life will receive a larger reward in
the next than those who succeed. Members are encouraged to continue to play their
part when they receive this type of guarantee.
The presence of societal standards is the most important precondition for the
development of society because these standards enable individuals to control their
own conduct as well as the behaviour of others and guarantee that civilisation will
continue to exist. There is no way for science or technology to produce this value.
Religion is the basis upon which these principles are built. Among the social norms
that keep society together are those that demand that children respect their parents,
that they not lie, that women be devoted to their husbands, and that everyone uphold
the virtues of honesty and goodness. For how to live, religion offers a guide. It
supports a number of principles and values. These principles and values are ingrained
in the life of the believer. Religion can aid the next generation of people to become
moral, disciplined, and socialized members of society.
India’s religious panorama is characterized by a wide range of religious
activities and beliefs. Hinduism, Buddhism, Jainism, and Sikhism are four of the
world’s main faiths that originated on the Indian subcontinent. Faith has continuously

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been a vital part of Indian culture and has consistently had a major effect on Indian
culture. The diversity of religious practices as well as the tolerance of such practices
are both engrained in the culture of the country through customs and legislation, and
the Indian Constitution emphasizes the liberty to practice religion as an essential
human right. Every person’s life has some significance related to religion, whether
that significance stems from a person’s desire for religion on a social or psychological
level. In a pluralistic community, religious freedom encourages stability; but, when it
is restricted, it is associated with an uptick in violence and conflict.
Articles 25 and 26 of our Constitution provide individuals with the freedom of
speech and of sense of right and wrong as well as the right to publicly declare,
exercise, and disseminate their own religious beliefs. These privileges are regarded as
Basic Liberties, which means that they are guaranteed in all situations, not only those
that belong to ideology or faith. Rather, this protection extends to every context in
which these rights are exercised. It also includes deeds performed in the name of a
faith, and as a result, it contains a safeguard for rites and traditions, ritual, and modes
of worship that are crucial to be rectified by the court with comparison to a doctrine
of a particular ideology. Additionally, it includes deeds that are regarded by the
community as being an element of the religion practiced by the society. The freedom
of speech and expression are restricted when they relate to respected personalities,
religious objects, practices, and beliefs.

The ultimate kind of justice to be rendered to those who have been mistreated
is judicial justice. In the modern world, justice serves as a guardian, a provider, and
an investigator. It is the duty of the state to update the general population of the
current situation with respect to law and regulation in the community and in addition
to keep an eye on the behavior of individuals. The inner and exterior characteristics of
a person are both greatly influenced by liberty. The more an individual’s liberty, the
greater the effectiveness of that individual’s talents. Religious liberty is one such
liberty. Since religion is a private concern, the state is not allowed to meddle in
religious people’s private affairs. The Indian state has exercised extreme care while
using this approach. There are several times where it is advantageous to intervene in
religious matters. This type of situation raises the specter of a violation of a person’s
basic right. Such problems are eventually referred to the judiciary for determination

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of subject areas. As I previously indicated, there is optimism among the people that
they would receive perfect justice through the judiciary; thus, the role of the judiciary
in particular should be extremely clear and devoid of indifference. Religious freedom
and related issues are extremely sensitive and have the potential to destabilize the
country’s law and order situation. A person’s right to practice, profess, and promote
any religion of their choice is guaranteed under the Constitution of India under
Article 25.

The Apex Court of India has a responsibility under the Constitution to protect
people’s basic rights and foster a secular society throughout the nation. Another idea
that is established in the Indian Constitution is secularism. In order to fulfill its
mandate and fulfill its obligations, the Supreme Court of India, which is the highest
court in India, is obligated to follow the basic principles outlined in the Constitution
of India. It gives rise to a conflict between religious freedom and secularism, both of
which cannot coexist in a single Constitution, although our authors of the Indian
Constitution attempted to combine the principles. On an equal footing, the Supreme
Court is required to defend secularism and other constitutional guarantees of religious
freedom. There were certain concerns raised about the character of the Indian
Constitution, namely whether it is secular or non-secular. If we look at the essence of
our Constitution, it is neither secular nor religious or theocratic, contrary to what pure
secularism suggests, which full neutrality in questions of religion is. In light of the
Apex Court’s reference of a balance between these two ideas, legal declarations are
the most significant source of information about individual freedom and secularism. It
was recognized that governmental or communal actions oblige the court to provide a
specific ruling in order to maintain secularism as the core framework of the Indian
Constitution.

In light of the foregoing, one can conclude that the values of neutrality and
religious freedom some of which are outlined in Article 25 of the Indian Constitution
are highly adaptable principles. The India’s highest court was responsible for a
significant portion of this. If we look at the decisions of the Supreme Court beginning
in 1950, we can see that there is a high possibility in the ideology. That is reflected in
several legal judgments. Between the Shirur Mutt matter to the Nikhil Soni case, the

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Apex Court of India has established itself as the absolute authority in defending the
provision in Article 25 of the Indian Constitution that guarantees a person’s right to
freedom of religion. Religion freedom must be balanced against other people’s rights,
and the Indian Supreme Court took a son quo none stance on this matter.

Further if we see the religious liberty as provided under constitution of India

at present time we can say that it is being misused by the people for their benefit and
at the cost of secularism. At present people take freedom of religion for granted as we
can see there is still women have to face discrimination when we are leaving in 21st
century when we talk about feminism. Not only this in name of religion we still
violate environment laws and in the name of religion we still do communal violence.

Besides various other view points and propositions of law, at least we have
following basic theme. First, it has already been put in place that every person has the
privilege to religious freedom as framed in our Constitution is being misused by the
communities enjoying religious majority in the world. Secondly, provisions of the
Constitution establish a set of guiding principles for state policy are being
underestimated and Article 44 is one of such provision. Thus, groups of different
religion are not being treated equally. Thirdly, equality of freedom (including
religion) provided under the Constitution has not been judiciously protected. Minority
institutions fully funded by the Government are treated differently. Fourthly, problem
of religious subsidy by the Government. Fifthly, problem of increasing religious
processions and religious activities everywhere and thus violation of Fundamental
Rights of people. Following few suggestions can be derived after research:

1. To add limitation on personal law on the grounds of humanitarian.

2. To add certain provisions and restriction in the Article 25 regarding respect
towards other religions and religious belief.
3. To implement UCC by adapting a universally accepted norms of personal laws, if
possible.
4. By creating awareness.
5. To create a elaborated definition of what to be consider as religion and related
terms in Constitution itself.

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