RIGHT TO FREEDOM OF RELIGION (ARTICLE 25 TO 28)
INTRODUCTION
The right to freedom of religion is covered under article 25 to 28 of the constitution of India. The article is focused on the securing of the secularism within the constitution framework of India, as heralded the preamble. The relevant provisions concerning the right to freedom of religion are as here under reproduced.
FREEDOM OF RELIGION UNDER INDIAN CONSTITUTION
Various fundamental rights are provided as well as guaranteed by our Indian constitution under Part III. Amongst them, freedom of religion is also the one provided which is given under article 25-28 of the Indian constitution. India, being a secular nation gives every citizen the right to follow the religion he believes in.
WHAT IS A SECULAR STATE?
A secular state is said to be the one where there is no official religion followed. To understand it more clearly, secularism is defined in the case of S.R. Bommai V. Union of India, where it was held that "Secularism is the Basic feature of the Indian Constitution". Religion is a matter of individual faith and cannot be mixed with secular activities.
CONCEPT OF FREEDOM OF RELIGION
Every citizen is entitled with this right and liberty to preach, practice and propagate the religion of his choice. An opportunity is also provided by the right to spread it among everyone without any fear of government intervention. But also, it is expected by the state to practice it amicably within the jurisdiction being in the term of race, religion, creed, caste and community. When it comes to exercising one's religious beliefs, India is neutral, unbiased and impartial.
CONCEPT OF SECULARISM UNDER INDIAN CONSTITUION
The concept of "Secularism" is omnipresent under Indian constitution. By 42nd amendment, 1976 of the Indian constitution, the term secular was inserted in our preamble. Regarding secularism, there were direct provisions but their languages where res is coquito. When comes to secularism.
ARTICLE 25
Freedom of conscience and free profession, practice and propagation of religion
(1) Subjects to public order, morality and health and to the other provisions of this part, all persons are equally entitled 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 religion institutions of a public character to all classes and sections of Hindu Explanations I The wearing and carrying of kirpans shall be deemed to be included in the profession of Sikh religion explanation II In sub clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jain or Buddhist religion.
ARTICLE 26
Freedom to manage religious affairs subject to public order, morality and health, every religious denomination or any section thereof shall have the right
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance.
ARTICLE 27
Freedom as to payment of taxes for promotion of any particular religion. No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
ARTICLE 28
Freedom as to attendance at religious instruction or religious worship in certain educational institutions
(1) No religion instruction shall be provided in any educational institution wholly maintained out of state funds.
(2) Nothing in clause (1) shall apply to an educational institution which is administered by the state but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution
(3) No person attending any educational institution recognized by the state or receiving aid out of state funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto cultural and educational rights.
SECTION 494 OF INDIAN PENAL CODE
Marrying again during lifetime of husband or wife :-
Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of it taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
CONCLUSION
In the human's lives, religion play a vital role. An integral part is played by it to influence the minds of people. Especially in the Indian society, religion plays an indispensable role in governing the conduct and the behavior of the people. When it comes to the religion, Indians are extremely possessive and if anyone tries to hinder in that, they become alert. It is pivotal to maintain some decorum while exercising this right in order to avoid any kind of future jeopardy.
SECTION 17 OF HINDU MARRIAGE ACT,1955
PUNISHMENT OF BIGAMY :-
Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of section 494 of the Indian Penal Code (45 to 1860), shall apply accordingly.
CONCLUSION
In the human's lives, religion play a vital role. An integral part is played by it to influence the minds of people. Especially in the Indian society, religion plays an indispensable role in governing the conduct and the behavior of the people. When it comes to the religion, Indians are extremely possessive and if anyone tries to hinder in that, they become alert. It is pivotal to maintain some decorum while exercising this right in order to avoid any kind of future jeopardy.