5 Common Truths and Misconceptions About Right To Freedom Of Religion

Sep 9, 2021 - 00:06

The Right to Freedom of Religion, covered in Articles 25–28, provides religious freedom to all citizens and ensures a secular state in India. According to the Constitution, there is no official State religion, and the State is required to treat all religions equally, impartially and neutrally.

 Article 25 guarantees all persons the freedom of conscience and the right to preach, practice and propagate any religion of their choice. This right is, however, subject to public order, morality and health, and the power of the State to take measures for social welfare and reform.

The right to propagate, however, does not include the right to convert another individual, since it would amount to an infringement of the other's right to freedom of conscience.

Article 26 guarantees all religious denominations and sects, subject to public order, morality and health, to manage their own affairs in matters of religion, set up institutions of their own for charitable or religious purposes, and own, acquire and manage a property in accordance with law.

These provisions do not derogate from the State's power to acquire property belonging to a religious denomination.

The State is also empowered to regulate any economic, political or other secular activity associated with religious practice.

Article 27 guarantees that no one can be compelled to pay taxes for the promotion of any particular religion or religious institution.

Article 28 prohibits religious instruction in a wholly State-funded educational institution, and educational institutions receiving aid from the State cannot compel any of their members to receive religious instruction or attend religious worship without their (or their guardian's) consent.

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