The Freedom of Religion is a fundamental right enshrined in Articles 25-28 of the Indian Constitution. It guarantees every individual the right to profess, practice, and propagate their religion while maintaining a balance between personal faith and secular governance. These provisions ensure that religious freedom does not violate public order, morality, or health.

Article 25: Right to Practice and Propagate Religion

Scope of Article 25

Article 25 provides individuals the Freedom of Religion, allowing them to:

• Profess their religious beliefs openly.
  
  
• Practice rituals and traditions freely.
  
  
• Propagate their religion to others.
  
  

However, this right is subject to public order, morality, and health, ensuring that religious practices do not harm society.

Religious Conversion and Supreme Court’s Stand

While Freedom of Religion includes the right to propagate beliefs, it does not allow forced conversions. The Supreme Court has ruled that:

• Forced conversions can threaten national security.
  
  
• Every person has the right to freedom of conscience.
  
  

Anti-Conversion Laws in India

To prevent forced religious conversions, several Indian states have implemented anti-conversion laws, including:

• Madhya Pradesh
  
  
• Gujarat
  
  
• Uttarakhand
  
  
• Chhattisgarh
  
  
• Jharkhand
  
  

Religious Conversions and Charitable Activities

The Supreme Court, led by Justice M.R. Shah, ruled that charitable acts should not be misused to influence religious conversions. Freedom of Religion should not be exploited for personal or political gains.

Article 26: Freedom to Manage Religious Institutions

Collective vs. Individual Religious Rights

While Article 25 protects individual rights, Article 26 ensures the autonomy of religious institutions to:

• Establish and maintain religious places.
  
  
• Manage religious affairs without government interference.
  
  
• Own and administer property for religious purposes.
  
  

Judicial Interpretation of Article 26

In Fathima Tasneem v. State of Kerala (2018), the Kerala High Court ruled that institutional religious rights can take precedence over individual religious rights in certain cases.

Uniform Civil Code (UCC) Debate

The 22nd Law Commission of India is considering a Uniform Civil Code (UCC) to unify personal laws. While some believe it promotes equality, others argue it may restrict Freedom of Religion.

Recent Development: Waqf (Amendment) Bill, 2024

The government introduced amendments to the Waqf Boards Act (1995), increasing state control over Waqf properties. Critics argue this move could infringe upon religious autonomy.

Article 27: No Tax for Religious Promotion

Article 27 ensures that no person is forced to pay taxes for promoting any particular religion.

State of Gujarat v. Islamic Relief Committee Case

The Supreme Court ruled that:

• State funds cannot be used to restore religious shrines.
  
  
• Compensation can only be provided for violations of the right to life, not for religious grievances.
  
  

Article 28: Religious Instruction in Educational Institutions

Key Provisions of Article 28

• Article 28(1): No religious instruction in government-funded schools.
  
  
• Article 28(2): Religious instruction is allowed in state-aided private institutions, but attendance cannot be forced.
  
  
• Article 28(3): Religious institutions managing educational bodies are exempt from these restrictions.
  
  

Religious Freedom and the Hijab Controversy in Karnataka

Karnataka Hijab Ban Case

The Karnataka High Court ruled that:

• The hijab is not an essential religious practice under Islam.
  
  
• School uniforms are a reasonable constitutional restriction.
  
  

Doctrine of Essential Religious Practices

• In Shirur Mutt Case (1954), the Supreme Court ruled that only essential religious practices are protected.
  
  
• Muslim students challenged the hijab ban, citing Bijoe Emmanuel v. State of Kerala (1986), which protected students from being forced to sing the national anthem based on their religious beliefs.
  
  

Challenges in Enforcing Freedom of Religion

Despite constitutional protections, challenges remain:

• Tensions between religious freedom and public order.
  
  
• Misuse of religious conversions for political or social influence.
  
  
• State intervention in religious institutions.
  
  

Way Forward: Strengthening Religious Freedom in India

To ensure a balanced approach, India should:

• Strengthen legal protections against religious discrimination.
  
  
• Promote interfaith dialogue to maintain communal harmony.
  
  
• Ensure judicial independence in resolving religious conflicts.
  
  
• Monitor violations of religious freedom through independent bodies.
  
  

Conclusion

Articles 25-28 of the Indian Constitution provide a comprehensive framework for religious freedom while ensuring that secular principles are upheld. Recent legal debates, such as the hijab ban and anti-conversion laws, continue to shape India’s Freedom of Religion. The challenge lies in maintaining a balance between individual rights, social harmony, and national security.