Judicial Trends on Right to Freedom of Religion

Introduction

The right to freedom of religion under Article 25 is not absolute (not unlimited).
The judiciary has played a key role in balancing religious freedom with public interest, morality and constitutional values like secularism.

Meaning / Definition

• Profess: To openly declare one’s faith or belief
• Practice: To perform religious rituals and duties
• Propagate: To spread or communicate one’s religious beliefs

However, the right to propagate does not include the right to convert another person, as it may violate their freedom of conscience (freedom to choose beliefs).

Modes or Types

Freedom to Profess Religion

Every person can openly declare their religious belief.

Freedom to Practice Religion

Includes performing rituals, ceremonies and following religious customs.

Freedom to Propagate Religion

Includes spreading religious ideas, but not forcing or converting others.

Reasonable Restrictions

Religious freedom is subject to:

• Public order (peace in society)
• Morality (accepted standards of right and wrong)
• Health

The State can also regulate non-religious aspects linked to religion.

Important Case Law

S.R. Bommai v Union of India (1994)

The Supreme Court held that secularism is a basic feature of the Constitution.
A State government acting against secularism can be dismissed.

Bijoe Emmanuel v State of Kerala (National Anthem Case)

Students who refused to sing the national anthem due to religious belief were protected.
The Court held that standing respectfully is enough, and forcing them to sing violates Articles 19(1)(a) and 25.

N. Aditya v Travancore Devaswom Board

The Court held that non-Brahmins can be appointed as priests if they are properly trained.
Caste cannot be the only basis for appointment.

M. Ismail Faruqui v Union of India

The Court held that a mosque is not essential for offering namaz, and prayer can be done anywhere.

M. Siddiq v Mahant Suresh Das (Ayodhya Case)

The Court held that the State can acquire places of worship, but not if it destroys an essential religious practice.

Shayara Bano v Union of India (Triple Talaq Case)

The practice of triple talaq was declared unconstitutional.
It was not considered an essential religious practice.

Church of God v K.K.R. Majestic Colony Welfare Association

The Court held that religion cannot be used to create noise pollution.
Use of loudspeakers disturbing others is not protected.

Distinction / Comparison

Religious Freedom vs Public Interest

• Religious Freedom: Right to follow and spread religion
• Public Interest: Ensures peace, health and morality

If both clash, public interest prevails.

Practical Example

A person can preach their religion in public.
But if they use loudspeakers at night and disturb others, the State can restrict it to maintain public peace.

Summary

• Article 25 guarantees freedom to profess, practice and propagate religion
• Right to propagate does not include forced conversion
• Religious freedom is subject to public order, morality and health
• Secularism is a basic feature of the Constitution
• Courts protect genuine religious practices but restrict harmful ones
• State can regulate non-religious aspects of religion