Explain the 'Right to Freedom of Religion'. What is its importance?
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What is the relation of Right to Freedom of Religion to secularism?
The framers of the Indian Constitution have established a secular state in India. The provision relating to the religious freedom clearly shows that ours is a secular state. The state has no religion of its own. The state is neither religious, nor anti-religious. The state observes complete neutrality in religious matters. Right to freedom of religion has been described in detail in the Indian Constitution in the Articles 25 to 28 as follows:-
(a) Freedom of conscience and propagation of religion: The Article 25 of the Indian Constitution provides that subject to public order, morality and health, all persons are equally entitled to the freedom of conscience. Article 25 also permits the state to regulate economic,financial or secular activities which may be associated with religious practice. Under this Article Sikhs in India have been allowed to wear turban and carry kirpans.
(b) Freedom to establish religious institutions and to manage the religious affairs: Article 26 of the Indian Constitution provides that subject to public order, morality and health, every religious domination shall have the right:
(i) to establish and maintain institutions for religious and charitable purposes;
(ii) to manage its own affairs in the matters of religion;
(iii) to own and acquire movable and immovable property; and
(iv) to administer such property in accordance with law.
(c) Freedom from payment of taxes on income for the promotion of any religion:
Article 27 of the Indian Constitution provides that no person shall be compelled to pay taxes the proceeds of which are specially appropriated in payment of expenses for the promotion or maintenance of any particular religious denomination.
(d) Prohibition of religious instructions in the institutions maintained out of State funds: Article 28 of the Indian Constitution prohibits imparting of religious instructions in any educational institution wholly maintained out of State funds. But this prohibition shall not apply to any educational institution, which is established under any endowment or trust which be imparted in such institution, even if that educational institution happens to be administered by the state.
Importance of the Right to Freedom of Religion:
Out of the six fundamental rights which have been guaranteed to the citizens of India, the'Right to Freedom of Religion' is the most important right. It is important because it gives the freedom to adopt and propagate any religion of one's choice. The Government of India or anyother person cannot interfere in the religious affairs of the individuals otherwise the citizens have the right to go to the court.
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