What are the provisions for constitutional protection of right to freedom of religion and how far have they succeeded in promoting secularism in India?

Constitutional Provisions for Freedom of Religion

The constitutional framework for protecting the right to freedom of religion is enshrined in Articles 25-28 of the Indian Constitution:

• Article 25: Freedom of conscience and free profession, practice, and propagation of religion. This article guarantees all persons the freedom to profess, practice, and propagate their religion subject to public order, morality, and health.
• Article 26: Certain matters of religious nature. This article allows every religious denomination to manage its own affairs in matters of religion, including the right to establish and maintain institutions for charitable or religious purposes.
• Article 27: Freedom as to payment of taxes for promotion of any particular religion. This article prohibits the state from compelling any person to pay taxes for the promotion or maintenance of any particular religion.
• Article 28: Prohibition of religious instruction in certain educational institutions. This article prohibits religious instruction or the religious observance in state-funded educational institutions.

Judicial Interpretation and Landmark Cases

The Supreme Court has played a crucial role in interpreting these articles and defining the scope of religious freedom. Several landmark cases have shaped the understanding of these provisions:

• S.R. Bommai v. Union of India (1994): This case affirmed secularism as a basic feature of the Constitution, meaning it cannot be altered by Parliament.
• Indra Sawhney v. Union of India (1992): While primarily dealing with reservations, the case touched upon the relationship between religion and state policy.
• Ratna Singh v. State of Punjab (1996): This case clarified the scope of ‘essential religious practices’ and the limits of Article 25. The court held that only practices essential to the religion are protected.
• Sabrimala Temple Case (2018): The Supreme Court allowed women of all ages to enter the Sabrimala temple, challenging traditional religious practices deemed discriminatory. This case sparked significant debate about the balance between religious freedom and gender equality.

Successes in Promoting Secularism

The constitutional provisions have contributed to secularism in several ways:

• Protection of Minority Rights: The provisions safeguard the rights of religious minorities, ensuring they can practice their faith without fear of discrimination.
• Religious Pluralism: India’s diverse religious landscape has thrived under the constitutional framework, with various religions coexisting relatively peacefully for decades.
• State Neutrality: The state is constitutionally obligated to remain neutral in religious matters, avoiding preferential treatment to any particular religion.
• Judicial Review: The judiciary’s power of judicial review ensures that any law or state action violating religious freedom can be challenged and struck down.

Challenges to Secularism

Despite the constitutional safeguards, several challenges persist:

• Communal Violence: India has witnessed numerous instances of communal violence, often fueled by religious polarization and intolerance. (According to the National Crime Records Bureau (NCRB), there were 548 incidents of communal/religious riots in 2023).
• Religious Conversions: Issues surrounding religious conversions, particularly those involving alleged coercion or allurement, have become contentious. Several states have enacted or proposed anti-conversion laws.
• Political Mobilization along Religious Lines: Political parties often appeal to religious sentiments for electoral gains, undermining secular principles.
• State Intervention in Religious Affairs: Instances of state intervention in religious matters, such as the regulation of religious institutions or the imposition of restrictions on religious practices, raise concerns about the state’s neutrality.
• Rise of Religious Nationalism: The rise of Hindu nationalism in recent years has posed a challenge to India’s secular fabric, with concerns about the marginalization of religious minorities.

Balancing Religious Freedom and Public Order

A key challenge lies in balancing the fundamental right to religious freedom with the need to maintain public order, morality, and health. The ‘essential religious practice’ doctrine, established by the courts, attempts to strike this balance. However, determining what constitutes an ‘essential practice’ can be contentious, as seen in the Sabrimala case. The state’s power to regulate religious practices is limited to those that pose a clear and present danger to public order or violate fundamental rights of others.