“Religious Freedom in India”

(This project work has been submitted towards the fulfilment of 1st Semester LLB)

SUBMITTED TO: MS SHREEM THITE

SUBMITTED BY: ANKIT MOHANTY
REGISTRATION NUMBER:
BATCH: LLB. (H) [1st SEMESTER]

Siksha ‘O’ Anusandhan National Institute of Law (SNIL)

SIKSHA ‘O’ ANUSANDHAN (Deemed to be University),
BHUBANESWAR
 ABSTRACT

Religious freedom in India is a founda2onal aspect of its democra2c framework, guaranteed

by the Cons2tu2on. The country is home to a diverse array of faiths, fostering a rich tapestry
of cultural and spiritual tradi2ons. Despite this commitment, recent years have seen rising
concerns about religious intolerance and discrimina2on, with reports of violence and
harassment directed at various communi2es. These challenges raise cri2cal ques2ons about
the effec2veness of protec2ve measures for minority rights and the overall health of India’s
secularism. The ongoing discourse surrounding religious freedom remains vital for
maintaining the country's pluralis2c iden2ty and ensuring coexistence among its diverse
popula2on.

Religious Freedom in India 2

 DECLARATION
I, Ankit Mohanty , hereby declare that this project report 2tled "Religious Freedom in India"
is the result of my independent work and has not been submiLed elsewhere for any academic
or professional purpose. All the sources consulted and references used in this report have
been duly acknowledged. Any assistance received in the prepara2on of this report has been
appropriately cited.

NAME: Ankit Mohanty

COURSE: LLB

DATE : 24 Oct 2024

Religious Freedom in India 3

 ACKNOWLEDGEMENT

I express my sincere gra2tude to Ms Shreem Thite, whose guidance and support were
invaluable throughout the dura2on of this project. I am also thankful to SNIL for providing me
with the necessary resources and environment conducive to research. Furthermore, I extend
my apprecia2on to all those who contributed their insights and exper2se, directly or indirectly,
towards the comple2on of this project. Their assistance has been instrumental in shaping this
report.

NAME: Ankit Mohanty

COURSE: LLB

DATE : 24 Oct 2024

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Table of Contents
INTRODUCTION.................................................................................................................. 6
LITERATURE REVIEW .......................................................................................................... 7
CHAPTERISATION ............................................................................................................... 9
Chapter 1: Introduc1on...............................................................................................................9
Chapter 2: Religious Demography ...............................................................................................9
Chapter 3 : Cons1tu1on Linkage ............................................................................................... 10
Chapter 4: Landmark Judgements ............................................................................................. 12
1. Bijoe Emmanuel v. State of Kerala, 1987 AIR 748 ..............................................................................12
2. Rev. Stainislaus v. State of Madhya Pradesh, (1977) 1 S.C.C. 677 ......................................................13
CONCLUSION .................................................................................................................... 14
BIBLIOGRAPHY ................................................................................................................. 14

Religious Freedom in India 5

INTRODUCTION
Religious freedom in India is fundamentally rooted in its Cons2tu2on, which guarantees the
right to prac2ce any religion freely. Hinduism, being the majority faith, plays a significant role
in shaping the country’s cultural and spiritual landscape. As a diverse and pluralis2c religion,
Hinduism encompasses a wide range of beliefs, prac2ces, and sects, contribu2ng to a rich
tapestry of tradi2ons. Fes2vals, rituals, and cultural prac2ces rooted in Hinduism are
celebrated across the na2on, reflec2ng the faith's deep integra2on into the social fabric of
Indian life. This diversity within Hinduism oVen promotes a sense of unity and coexistence
among various communi2es, highligh2ng its founda2onal principle of "Vasudhaiva
Kutumbakam" — the world is one family.

However, in recent years, there have been increasing concerns regarding the infringement of
religious freedom in India, par2cularly regarding the treatment of minority communi2es in
the context of a predominantly Hindu society. While many Hindus advocate for a harmonious
coexistence with all faiths, rising na2onalism has some2mes manifested in forms of
intolerance and violence. Reports of mob lynchings, the imposi2on of social restric2ons, and
the poli2ciza2on of religious iden22es have raised alarms about the poten2al erosion of the
secular principles that underpin Indian democracy. These developments pose significant
challenges not only to the rights of minority groups but also to the broader ideals of tolerance
and pluralism that are central to the country's iden2ty.

Religious Freedom in India 6

LITERATURE REVIEW
1. " A STUDY ON FREEDOM OF RELIGION IN INDIA " by Mrs. K.KALISELVI
Religion occupies a vital place in human lives. Gran2ng religious freedom permits different
beliefs, opinions, deduc2ons that people have in accordance to their own religion, to bloom
as well as develop in society . It plays an integral part in influencing the minds and convic2ons
of the people. It also plays an indispensable role especially in the Indian society in governing
the conduct as well as the behaviour of the people. Indians are extremely possessive when it
comes to their religion and they become alert as soon as any person tries to hinder it or
creates an obstacle in their journey of religious worship. Law gives all the Indian ci2zens the
sanc2on to prac2se this right in order to strengthen the harmony and oneness in the country,
but at the same 2me the state has the right to interfere when the abuse or any kind of wrong
usage of this right is projected in front of its eyes.
Right to freedom of religion is not only a right guaranteed by the cons2tu2on , but also at the
same 2me is a duty expected to be followed, for the beLerment and overall growth of the
society.
2. “2023 Report on InternaMonal Religious Freedom: India” by US Department of JusMce
The Report highlights significant concerns regarding the state of religious freedom and the
treatment of minority communi2es in the country. The report indicates an increase in
incidents of violence and discrimina2on, oVen aLributed to rising majoritarianism and the
influence of Hindu na2onalist groups. It details various challenges faced by religious
minori2es, including restric2ons on religious prac2ces, social ostracism, and incidents of mob
violence. Addi2onally, the report notes the impact of government policies and legisla2on that
dispropor2onately affect these communi2es, leading to a climate of fear and insecurity.
Overall, the findings underscore the urgent need for the Indian government to reinforce its
commitment to protec2ng religious freedom and ensuring equal rights for all ci2zens,
regardless of their faith.
3. The right to religious freedom is an individual right, but has a collec2ve dimension in that
the right extends to the manifesta2on of religion “in community with others' '. Thus groups of
believers and churches may complain about what they perceive as a viola2on of the rights to
associate and assemble for religious purposes. (Jenkins)

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4. Religious freedom is premised on the belief that every human being has inherent dignity to
explore his or her conscience and pursue the truth. Religion is a code of ethical rules and that
the rituals, observances, ceremonies, and modes of worship are its outer manifesta2ons.
Religion also iden2fies with “feeling, emo2on and sen2ment, ins2nct, cult and ritual,
percep2on, belief and faith.” (Bielefeldt et al.)

Nature of Study: This study adopts a qualita2ve research approach, focusing on an in-depth
analysis of legal provisions, case studies, and expert opinions to gain insights into the
arbitra2on landscape in India.
Mode of CitaMon: The cita2on style followed in this project report adheres to the guidelines
of the relevant academic or ins2tu2onal standards, such as the Harvard referencing style or
any other specified format.

Religious Freedom in India 8

CHAPTERISATION
Chapter 1: Introduc1on
The right to religious freedom in India is a fundamental cons2tu2onal guarantee enshrined in
Ar2cle 25 of the Indian Cons2tu2on, which allows individuals to freely profess, prac2ce, and
propagate their religion. This provision reflects the country’s commitment to secularism and
pluralism, recognizing the diverse tapestry of faiths that coexist within its borders. Despite this
cons2tu2onal protec2on, the prac2cal realiza2on of religious freedom has faced challenges,
including rising communal tensions and incidents of violence against minority communi2es.
Debates around legisla2ve measures and social dynamics oVen raise concerns about the
extent to which the right to religious freedom is upheld in prac2ce. Nevertheless, the ongoing
discourse on this issue highlights the importance of safeguarding individual rights and
promo2ng harmony among India’s various religious communi2es.

Chapter 2: Religious Demography

The U.S. government es2mates India’s total popula2on at 1.4 billion as of mid-2023. According
to the 2011 na2onal census, the latest year with detailed figures, Hindus make up 79.8 percent
of the popula2on, while Muslims account for 14.2 percent, Chris2ans 2.3 percent, and Sikhs
1.7 percent. The World Religion Database provides a 2020 es2mate showing Hindus at 72.5
percent, Muslims at 14.5 percent, Chris2ans at 4.9 percent, Sikhs at 1.8 percent, and agnos2cs
at 1.2 percent. The 2011 census also iden2fies several groups cons2tu2ng less than 2 percent
of the popula2on, including Buddhists, Jains, Zoroastrians (Parsis), Jews, and Baha’is.
Addi2onally, the Ministry of Tribal Affairs recognizes over 104

Fig 1: Religious Demographic in India (2020)

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million Scheduled Tribe members as Hindus—Indigenous groups historically outside the caste
system who oVen adhere to tradi2onal religious prac2ces—although approximately 10
millions of these Scheduled Tribe members are iden2fied as Chris2ans in the 2011 census.

Chapter 3 : Freedom of Religion in Cons1tu1on

The religious freedom of the individual person guaranteed by the Cons2tu2on of India is given
in clause (1) of ar2cle 25 that reads: Subject to public order, morality and health and to the
other provisions of this Part, all persons are equally en:tled to freedom of conscience and the
right freely to profess, prac:ce and propagate religion. In precise terms, the Cons2tu2on
makes it clear that the rights provided in clause (1) of ar2cle 25 are subject to public order,
morality and health and to the other provisions of Part III of the Cons2tu2on that lays down

Religious Freedom in India 10

the fundamental rights. Clause (2) of ar2cle 25 is a saving clause for the State so that the
religious rights guaranteed under clause (1) are further subject to any exis2ng law or a law
which the State deems it fit to pass that (a) regulates or lays restric2on on any economic,
financial, poli2cal or other secular ac2vity which may be associated with religious prac2ces,
or, (b) provides for social welfare and reform or the throwing open of Hindu religious
ins2tu2ons of a public character to all classes and sec2ons of Hindus.
Similarly Ar2cle 26 is the main ar2cle that provides the corporate freedom of religion
governing the rela2on between the State and Subject to public order, morality and health
every religious denomina2on or any sec2on thereof shall have the right,
(a) to establish and maintain ins2tu2ons for religious and charitable purposes; (b) to manage
its own affairs in maLers of religion; (c) to own and acquire movable and immovable property;
and (d) to administer such property in accordance with law. Clause (b) of ar2cle 26 guarantees
to every religious denomina2on or any sec2on thereof the right to manage its own affairs in
maLers of religion and clause (d) gives them the right to administer their property
(ins2tu2ons) in accordance with laws passed by the State. It is obvious from the language of
the clauses (b) and (d) of ar2cle 26 that there is an essen2al difference between the right of a
denomina2on to manage its religious affairs and its right to manage its property.
This means that a religious denomina2on’s right to manage its religious affairs is a
fundamental right protected by the Cons2tu2on. No legisla2on can violate it except for health,
morality and public order. But the right to administer property associated with religion can be
exercised only “in accordance with law”. In other words, the State can regulate the
administra2on of religious property by way of validly enacted laws. Hence, in the exercise of
individual and corporate freedom of religion as guaranteed in ar2cles 25 and 26 of the
Cons2tu2on of India, it is necessary to understand the judicial defini2on of ‘religion’ as given
in ar2cle 25(1) and ‘maLers of religion’ as provided in ar2cle 26(b). To define religion for
judicial purposes has been an onerous job for the judiciary both in the Western countries and
in India.

Religious Freedom in India 11

Chapter 4: Landmark Judgements

These cases illustrate how the courts have upheld individuals' freedom of religion and belief,
reaffirming India's iden2ty as a secular, democra2c state. Each case addresses fundamental
aspects of religious freedom, whether for communi2es or individuals. They represent
significant legal baLles fought in Indian courts, highligh2ng the complexi2es and challenges
involved in safeguarding the right to religious freedom in the country.

1. Bijoe Emmanuel v. State of Kerala, 1987 AIR 748

This is a landmark case in Indian cons2tu2onal law concerning the issues of freedom of
religion and expression. The case involved three students who, on religious grounds, refused
to sing the na2onal anthem at their government school in Kerala in 1985. Their decision led
to disciplinary ac2ons, including expulsion. The students and their families contended that
their religion prohibited them from singing the anthem, claiming that this cons2tuted a
viola2on of their rights to freedom of religion and expression.
The central ques2ons in this case revolved around the validity of the students' expulsion under
the Preven2on of Insults to Na2onal Honour Act, 1971, and the Kerala Educa2on Act and
Rules, as well as whether it infringed upon their fundamental rights under Ar2cles 19(1) and
25 of the Indian Cons2tu2on. The High Court ini2ally dismissed the pe22on, ci2ng the Kerala
Educa2on Act and direc2ves that mandated strict adherence to the school’s code of conduct.
The case eventually progressed to the Supreme Court of India, which ruled that the school
authori2es’ expulsion of the students was arbitrary and violated their Fundamental Right to
Freedom of Conscience and Religion. The Court emphasized that this right encompasses not
only the holding of beliefs but also the expression and prac2ce of those beliefs.
“ArMcle 25 is an arMcle of faith in the ConsMtuMon., incorporated in recogniMon of the
principle that the real test of democracy is the ability of even an insignificant minority to
find its idenMty under the country’s ConsMtuMon. This has to be borne in mind in interpreMng
ArMcle 25”.
The students' decision to stand respecrully during the na2onal anthem demonstrates that
their refusal to sing it did not amount to disrespect. The Court further highlighted that Indian
tradi2ons, philosophies, and the Cons2tu2on all emphasize the importance of tolerance,
urging that this principle should not be compromised.

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Ul2mately, the Supreme Court's ruling in Bijoe Emmanuel v. State of Kerala reaffirmed the
significance of the Right to Freedom of Conscience and Religion as a Fundamental Right under
the Indian Cons2tu2on. The judgment also underscored the responsibility of public
authori2es, including educa2onal ins2tu2ons, to uphold and protect this right, emphasizing
the need for any regula2ons governing its exercise to be reasonable and jus2fiable.

2. Rev. Stainislaus v. State of Madhya Pradesh, (1977) 1 S.C.C. 677

Rev Stanislaus vs. Madhya Pradesh, 1977 SCR (2) 611 is a case in which the Supreme Court of
India examined whether the fundamental right to prac2ce and propagate religion
encompasses the right to convert others. The Court ruled that the right to propagate does not
include the right to convert, thereby affirming the cons2tu2onal validity of laws enacted by
the Madhya Pradesh and Odisha legislatures that prohibit conversion through force, fraud, or
inducement.
The High Court, considering the arguments presented, ruled that the Madhya Pradesh Act and
the Madhya Pradesh Swatantraya Rules, 1969, were enacted solely to penalize and prevent
unlawful conversions of religion through force, fraud, or inducement, and thus do not violate
Ar2cle 25(1) of the Cons2tu2on of India. The Court emphasized that the Act promotes equality
and freedom for all, highligh2ng that sec2ons 3, 4, and 5(2) specifically establish equality and
religious freedom by prohibi2ng unlawful conversions. It clarified that Ar2cle 25(1) does not
grant an individual the right to convert to another religion but allows for the propaga2on of
one’s beliefs within reasonable restric2ons.
Addressing the second issue, the Court stated that the provisions in the Madhya Pradesh Act
are designed to maintain public order by preven2ng coercive or unlawful religious
conversions, as the absence of such regula2ons could lead to public disorder. The Court
referenced Ramjilal Modi v. State of U.P., which affirmed that rights under Ar2cles 25 and 26
are connected to public order, and also cited Arun Ghosh v. State of West Bengal, which noted
that disrup2ons affec2ng both individuals and the community cons2tute public disorder.
In conclusion, the Court noted that any aLempt to incite communal tensions based on claims
of "forcible" conversion could lead to fears of public disorder, impac2ng the en2re community.
Therefore, the challenged Acts align with Entry I of List II of the Seventh Schedule, aimed at
preven2ng disrup2ons to public order by regula2ng conversions in a manner that respects

Religious Freedom in India 13

communal sensibili2es. The two Acts do not regulate religion itself, and there is no basis for
asser2ng that they fall under Entry 97 of List I of the Seventh Schedule.

CONCLUSION
India has long been inherently secular, drawing from its ancient past to uphold cultural and
religious freedom. While the Western concept of secularism may not hold direct relevance to
the Indian context, the inclusion of the term "secular" in the Cons2tu2on symbolizes the
commitment of Indians to embrace diversity. Although cri2cisms of the Essen2al Prac2ces test
have validity, the immense religious diversity in India necessitates judicial interven2on in
controversial maLers, as leaving these issues solely to public discre2on could lead to
significant unrest. However, this test should be employed only in cases of serious concern
regarding viola2ons of established restric2ons, rather than to micromanage the relevance of
specific religious prac2ces.

The courts have strongly defended the autonomy of religious ins2tu2ons in their
establishment and management, and the state generally refrains from overly intrusive
regula2on of religious prac2ces, focusing instead on the commercial aspects for various
reasons. The collabora2ve boundaries established by the state, judiciary, and society at large
contribute to India's unique and successful embodiment of "unity in diversity," which fosters
democracy even in challenging circumstances.

BIBLIOGRAPHY
1. hLps://blog.ipleaders.in/an-analysis-of-the-madhya-pradesh-freedom-of-religion-act-
2021/
2. Madras Hindu Religious and Charitable Endowment Act, 1951 (Madras Act 19 of
1951).
3. 2023 Report on International Religious Freedom: India
4. Constitution of India
5. Religious Freedom in India: Sovereignty and (Anti) Conversion by Goldie Osuri
6. Manupatra.com
7. Livelaw.in

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