Article 25 of the Indian Constitution: Freedom of Religion
Introduction
Article 25 of the Indian Constitution guarantees freedom of religion to all citizens of India. It provides individuals with the right to freely profess, practice, and propagate their religion, ensuring secularism and religious harmony in the country. However, this freedom is subject to certain restrictions in the interest of public order, morality, and health.
Text of Article 25
"(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice, and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law—
(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus."
Explanation of Article 25
1. Freedom of Conscience
🛕 Every individual has the right to believe in or follow any religion (or none at all).
🕌 Freedom of conscience means individuals can hold their religious beliefs without fear.
2. Right to Profess, Practice, and Propagate Religion
✔️ Profess – Declaring one's faith openly.
✔️ Practice – Performing religious rituals and customs.
✔️ Propagate – Spreading religious beliefs (without forcing conversion).
3. Reasonable Restrictions on Religious Freedom
⚠️ The government can impose restrictions on religious practices for:
✅ Public Order – No religious practice should disturb public peace.
✅ Morality – No religious activity should promote social evils like untouchability or Sati.
✅ Health – The State can ban harmful practices in the name of religion (e.g., animal/human sacrifices).
4. State’s Power to Regulate Secular Activities Related to Religion
🏛️ The government can regulate financial, economic, or political aspects of religion (e.g., temple administration, taxation of religious properties).
5. Social Reforms under Article 25(2)(b)
⚖️ The State can introduce laws to promote social welfare and abolish discriminatory religious practices (e.g., abolishing untouchability and allowing Dalits entry into temples).
Landmark Supreme Court Cases on Article 25
| Case Name | Judgment |
|---|---|
| Rev. Stainislaus v. State of Madhya Pradesh (1977) | The right to propagate religion does not include forced conversions. |
| Shirur Mutt Case (1954) | Defined religion vs. secular activities, stating that only essential religious practices are protected under Article 25. |
| Bijoe Emmanuel v. State of Kerala (1986) | Upheld that students cannot be forced to sing the national anthem if it violates their religious beliefs. |
Why Article 25 is Important?
✅ Protects Religious Freedom – Every citizen can follow and practice their religion freely.
✅ Promotes Secularism – Ensures no religion is given special preference by the State.
✅ Encourages Social Reforms – Allows the government to abolish harmful religious practices.
✅ Balances Religious Rights and Public Order – Ensures religion does not disrupt social harmony.
Challenges & Issues in Implementation
❌ Religious Conversions & Conflicts – Cases of forced conversions often create communal tension.
❌ Misuse of Religious Freedom – Some groups use Article 25 as a shield to justify illegal activities.
❌ Temple & Mosque Control – State intervention in religious institutions is often criticized.
❌ Clashes Between Religion & Law – Issues like triple talaq, entry of women in temples, and cow slaughter laws create legal conflicts.
Government Measures to Strengthen Religious Freedom
✔️ Laws Against Forced Conversions – Various states have enacted laws to curb coercive religious conversions.
✔️ Uniform Civil Code (UCC) Debate – Proposed to create common civil laws for all religions while respecting personal beliefs.
✔️ Judicial Interventions – The Supreme Court plays a crucial role in defining essential religious practices.
Conclusion
Article 25 ensures that every citizen in India has the freedom to follow their religious beliefs while maintaining harmony and social order. While religious rights are protected, they are subject to reasonable restrictions to prevent misuse and ensure public welfare. Proper implementation of secular laws, social reforms, and judicial decisions helps maintain India's pluralistic and diverse culture.
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