The subject itself says " Constitutions of many countries guarantees freedom of religion - the laws of most countries also circumscribe the scope of the exercise of such rights. There rights are mostly restricted on grounds of general welfare, morality, health, public order and right of others etc... in our democratic nation of India we too have some or the other restrictions on certain parameter. We at Mumbai Multimedia Studio analyse and study various aspects based on our constitution of several articles which states the freedom of rights on religion and her citizens to enjoy their status. "
“India has a great heritage and it is a model for religious harmony where people of different religions, caste, creed, colour - all in one for an Living Being cause, live peacefully and in harmony.” Yusuf Bhandarkar
Introduction:-
Religion may be a matter of belief or faith. The constitution of Republic of India acknowledges the fact, however vital religion is within the lifetime of individuals of India and hence, provides for the proper to freedom of faith underneath Articles 25 to Article 28. The Constitution of India envisages a profane model and provides that each person has the right and freedom to decide on and apply his or her religion. in a very range of cases, the Apex Court has control that doctrine is that the basic structure of the Constitution, individuals in India primarily practice Islam, Hinduism, Jainism, Buddhism, religion and, Christianity. In India, there are religion-specific laws and state is that the solely state to own an even Civil Code referred to as the Goa Civil Code. The Constitution supports non secular harmony which suggests the individuals of Republic of India show love and heart to different religions of the country.
What is Secularism?
Secularism means developing, understanding and respect for various religions. it's believed that the word ‘Secularism’ has its origin in late medieval Europe. In 1948, throughout the constituent assembly debate, a requirement was created by the KT monarch to incorporate the word ‘Secular’ within the Preamble to the Constitution. The members of the assembly although united to the profane nature of the constitution however it absolutely was not incorporated within the Preamble. Later, in 1976 the national leader government enacted the 42nd change Act and the word ‘Secular’ was further to the Preamble. The forty second change Act conjointly referred to as the ‘Mini Constitution’, is that the most comprehensive amendment to the Constitution.
In the much-disputed Ayodhya case, it was control by the apex court that the constitution postulates equality of all faiths. Through Tolerance and mutual co-existence, the secular commitment of our country and its individuals will be nourished. Constitutional Provisions about Right of Religion
Article 25: Freedom of conscience and free profession, apply and propagation of religion.
Article 26: Freedom to manage non secular affairs.
Article 27: Freedom on payment of taxes for promotion of any explicit religion.
Article 28: Freedom as to attending at religious instruction or religious worship in sure academic institutions.
Freedom of faith in Republic of India Article 25 of the Constitution guarantees freedom of religion to all or any persons in India. It provides that every one persons in India, subject to public order, morality, health, and different provisions:
Are equally entitled to freedom of conscience, and
Have the proper to freely profess, apply and propagate faith.
It additional provides that this text shall not have an effect on any existing law and shall not stop the state from creating any law relating to:
Regulation or restriction of any economic, financial, political, or any profane activity related to non secular practice.
Providing welfare and reform.
Opening of Hindu religious establishments of public character for all the categories and sections of the Hindus
What is religion?
The German thinker Immanuel Kant defines religion as “Religion is that the recognition of all our duties as divine commands”. Milton Yinger, yankee social scientist defines religion as “a system of beliefs and practices by means that of that a bunch of individuals struggles with the final word issues of human life”. The constitution doesn't outline the term ‘religion’ and ‘matters of religion’. Hence, it's left to the Supreme Court to see the judicial that means of those terms.
The National Anthem Case
Bijoe Emmanuel v. State of Kerala, (Popularly referred to as the national anthem case.)
The facts of this case were that three youngsters happiness to a sect (Jehovah’s witness) loved solely Jehovah (the creator) and refused to sing the national anthem “Jana Gana Mana” - in line with these, children singing Jana Gana Mana was against the tenets of their non secular religion that failed to enable them to sing the anthem. These children stood up with all respect in silence daily for the national anthem however refused to sing attributable to their honest belief. A Commission was appointed to inquire regarding the matter. within the report, the Commission declared that these children were ‘law-abiding’ and did not show any disrespect. However, the school principal underneath the instruction of the (Dy. Inspector faculties of colleges} expelled the students. The Supreme Court control that the action of the headmistress of activity the kids from school for not singing the anthem was offending of their freedom of religion. the elemental rights bonded under Article 19(1)(a) & Article 25(1) has been infringed. It additional control that there's no provision of law that compels or obligates anyone to sing the national anthem, it's conjointly not disrespectful if an individual with all respect stands however doesn't sing the national anthem.
The Supreme Court held that each subject or persons are absolute to show relation to the anthem of India, whenever contend or sung on specific occasions the sole exemption is granted to disabled people. It further held that taking part in of the national anthem in cinema halls isn't necessary however optional & directory. Article 51A also acknowledges the duty of each subject to indicate relation to our anthem. It states that each citizen of Republic of India is obligated to respect its ideals, institutions, National flag, National anthem, etc.
Restrictions on Freedom of Religion - The Supreme Court in In repo pollution case, has given sure directions to be followed to regulate noise pollution within the name of religion:
Firecrackers: A complete ban on sound-emitting firecrackers from ten pm to six am.
Loudspeakers: Restriction on the beating of drums, tom-tom, processing of trumpets, or any use of any sound instrumentality between ten pm to six am except publicly emergencies.
Generally: A provision shall be created by the State to confiscate and seize loudspeakers and such different sound amplifiers or equipment that make noise on the far side the limit prescribed
Freedom to manage religious affairs under Article 26 (subject to public order, morality, and health) confers a right each religious denomination or any section of such religious denomination of:
Establishing and maintaining establishments for religious and charitable purposes;
Managing its affair with respect to religion;
Owing and feat property (movable and immovable);
Administering the property in accordance with the law.
Religious denomination : In this case, means of ‘Denomination’ was culled out from the Oxford dictionary, “A assortment of people classed along underneath identical name, a non secular sect or body having a typical religion and organization selected by a particular name”.Right to manage its own affairs within the ‘Matters of Religion’ Matter of faith includes spiritual follows, rituals, observances, ceremonies, mode and manner of worship, etc., considered the essential and integral a part of the religion. For instance, in Acharaj Singh v. State of Bihar it was command that, if Bhog offered to the supernatural being may be a well-established practice of that religious institution, such a practice ought to be regarded as a neighborhood of that religion.
Prevention of Ex-Communication : It suggests the exclusion or expulsion of an individual from a community or cluster of that he or she was a member.The Court determined that the ability of Excommunication by the head fashioned the essential affairs of the community, This Act clearly desecrated the basic right underneath Article 25(1) of the Constitution. The Supreme Court command that the Act was offensive of Articles 25 and twenty six and was therefore void.The Act took away the only management of the temple from the appellant and unconditional it with the Committee. Dismissing the attractiveness the Supreme Court held that there was no violation of the fundamental right of freedom of faith of the petitioner and the Act only treated the laic (layman, secular) management of the institution.
Breaking of coconuts and playing Pooja, singing Mantras and Sutras in State performs: The petitioner (Atheist Society of India) in this case, prayed for the provision of instrument of writ to direct the any State Government to grant instruction to all or any the involved departments to forbid the performance {of religious/of spiritual/of non laic} practices like breaking of coconuts, singing mantras, etc at the State function on the bottom that the playing of those practices is against secular policy of the constitution. The petitioner’s prayers were rejected by the court on the grounds that it infringes upon the correct to faith and if allowable, it'll be against the principle of secularism, that is the basic structure of our Constitution. it might cause depriving of the correct to freedom of thought, religion & worship.Right to administer property owned by the denomination Article 26 (d) says that a non secular denomination has the right to administer its own property however it ought to be in accordance with Law.
In Dargah Committee Ajmer v. Syed Hussain Ali - the Supreme Court determined that if the religious denomination ne'er had the right to administer property or if it's lost its right then such right can't be created underneath Article 26 and so cannot be invoked.Limitation of the Right The right to faith underneath Article 26 is subject to bound limitations and not absolute and unfettered. If any religious follow is in dispute to any public order, morality or health then such religious practice cannot claim the protection of the state. Prohibition of non secular instruction in the State-aided establishments Article 28 prohibits: Providing
religious directions in any instructional institutions that are maintained altogether out of the state funds.
The on top of shall not apply to those educational institutions administered by the states however established under endowment or trust requiring religious instruction to be imparted in such institution.
Any person attending state recognized or state-funded institution isn't needed to require half in spiritual instruction or attend any workshop conducted in such an establishment or premises of such instructional institution.
Education for worth development supported all religions: ArunaRoy v. Union of India, (2002) seven SCC 368.In this case, a PIL was filed underneath Article 32 where-by it had been contended by the petitioner that the National course of study Framework for varsity Education (NCFSE) that was printed by the National Council of instruction analysis and coaching is offensive of the provisions of the constitution. it had been conjointly contended that it was anti-secular and was also while not the consultation of the Central planning board of Education and thence it ought to be set aside. NCFSE provided education for worth development regarding basic human values, social justice, non-violence, self-discipline, compassion, etcetera The court dominated that there's no violation of Article twenty eight and there is conjointly no prohibition to review {religious/spiritual/non laic} philosophy for having value-based life during a society.
In this case of religious oppressed, the Victims describes as - We Humbly wants to bring these few lines to your kind notice. Our’s is an Inter caste and Inter religious marriage. we've different Caste and non secular Origins. after all one in every of us believe religion at all don't follow any religion. We've decided to not impart any caste and spiritual beliefs to our kids. But, In our Country there's no choice to claim for the people with Non Religious and No Caste practice. We are soliciting for another choice to claim as "No Religion and No caste" .. Existing formats don't seem to be allowing someone who wants to say his/her identity outside the faith.
Someone have filed the general public Interest Litigation (WP -PIL No - 66/2017) precisely for 2 reasons that our elder daughter Spandana is studying in 10th Class now and visitingkick off of the college by March 2017. Our problem remains same, because, within the Board of instruction, Telangana State SSC Examination March-2017 Online Application it's a requirement to fill in Religious status of the scholar, without which the applying remains incomplete. Under the faith column – the choices given are 1.Hindu, 2.Islam, 3.Christian, 4.Sikhism, 5.Buddhism, 6.Jainism 7.Others. The “Others” option also prescribed under Religion Column only - there's no option for Non Religious Identity. At this important moment we were forced to fill " Others " against our will and need within the online format. Despite our repeated requests to any or all the respondent Authorities particularly of college education to contemplate our requisition and provides us a provision to assert our child’s status as Non Religious and No Caste there's no response. This online examination application format will decide for all future purposes like School leaving Certificate /TC and even the SSC certificate. We filled our elder daughter’s online application format under protest. More over in another one month, after her completion of 10 th class we've got to get School Transfer Certificate again we've got to face the identical problem as we faced during our younger daughter Sahaja’s admission - it's not a controversy with any school but it's a controversy with the state/ national policy by not giving an additional Option/ Column for Non Religious and No Caste People.
Indian census also recording people of 6 Religions - Hinduism, Islam, Christianity, Buddhism, Sikhism, Jainism and 7th Identity as " Religion not Stated" which is additionally not a right expression for Non Religious people - in step with 2011 census the amount of " Religion Not Stated " people are 28.7 lakhs - they have to be categorized scientifically. Right from Birth to Death where ever needed there should be another Option/ Column to assert i.e., No Religion and No caste who ever wants to choose it.
"Right to possess Religion means equally to not have any Religion also" - it had been the interim order given by the justice in April, 2012 in response to our the writ petition filed by us during the joining of our younger daughter Sahaja into the varsity (in the sunshine of Article-25 of our constitution). in an exceedingly changing society allow us to respect all Identities properly. Already we are democratic within the case of Third gender and Regional aspiration, allow us to fight for the people that wants to be Non Religious and No caste also. allow us to address and attend the emerging Identities within the society. allow us to Identify people outside the faith and Caste also. We request one and every one to face and support this democratic demand.
Actually this can be not new but ignored since centuries. we've the traditions of Chaarvaakas Lokayats, Atheists, Humanists, Radical Humanists, Socialists, Communists.. etc., it's an ignored and neglected Identity. We humbly request all of you to support our cause. We submit that while saying all this We are alive to the practice of the caste inequalities and therefore the need of Reservation Policy in our country. We aren't against mentioning the caste or religious identity for utilizing or availing reservations for the deserving people.
Finally an appeal from our side is - you will be Religious or with the other faith that's not the matter, whether we will respect and up hold the democratic spirit is matters.. We humbly request all of you and expect to support us for this cause. We humbly request all the parties, peoples organisations to pass a resolution in support of the cause. We also request/raise an RTI to the states of our country seeking yet one more option for “No religion, No Caste”. allow us to achieve the dreams of all our great social reformers and revolutionaries who all dream't for a society freed from caste and creed prejudice. We are sure that it'll pave a better way for future generations.
Conclusion: India is the most numerous & diverse country with reference to faith. Being a secular country it doesn't have its own religion and each national has the correct to choose, practice, propagate and even amendment his or her religion. However, these rights don't seem to be absolute however subject to bound restrictions provided by the constitution, no one within the name of faith will do any act that's critical, the general public policy or making any reasonably disturbances or intolerance among the people of India.
Please Note :
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2. Please share to the needy and other people presently facing such problem during the admission moreover as leaving school, during census recording and where ever it's needed
3. Please give us information if any such option available in other states of our Country
4. Please give us information on such Exemplary Formats Worldwide where ever United Nations given a Separate Option for Non Religious people.
Thanking you all.. .
With Regards from Mumbai Multimedia Studio and a Best Wishes..
#yusufbhandarkar - +917977231537 Email: multimediastudio9@gmail.com
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