Right to Freedom of Religion

Article 25	1: freedom of religion on all citizens freedom of conscience: belief and faith also include freedom from religion SC: citizen cannot be compelled to reveal his religion; so technically no need to fill religion in forms Profess, practice and propagate:  Profess: declaring, Practice: symbols and conduct , Propagate: spread the basic tenets subject to reasonable restriction on ground of public order, morality and health No conversion: Reverend Father Stanislaus case 1977 Right to propagate doesn’t include right to conversion Criticism: in case of this right to propagate become illusory. Anti religious conversion Act of MP SC distinguished between religious belief and opinion on one hand and religious customs and practices on other. While state cannot interfere on prior but can do on later. intrinsic vs extrinsic
Article 26	Religious denomination: Religious institutions like Trust and boards to manage their own religious affairs. Can acquire and manage properties in accordance with the law This implies that they have the FR to property
Issues	Santhara: Invalidated on the basis of doctrine of essential practices.
Article 27	Prohibits the state from levying and collecting the tax, proceeds for which are spends on promoting a particular religion Secular character: neither anti-religious nor irreligious but it is only non-religious. Sarva Dharma Sambhav state can patronize all religions Telangana case
Article 28	religious instruction in education institutions 4 categories: wholly owned and maintained by states: no recognized private and receiving aids: can not be made compulsory recognized but not receiving aids: can not be made compulsory set up under religious endowments: can be made compulsory
Secularism	Challenges: Narrowly conceived : State centric and not the people centric. Focus on inter-faith discrimination and not intra faith differences like casteism, gender bias etc Focus is on religious toleration and not acceptance. need for celebration of tolerance  Principle institutions for promoting secularism has failed like: education system, families, political parties etc Absence of legal and institutional framework to check communal violence like National integration council which was formed in 1961 is not working.  2nd ARC: need to give it a clear mandate, yearly plan, and give authority Note: National Integration council was formed after conference on unity and diversity.  Composition: PM, HM, CMs, Political leaders, UGC chairman,  commissioners of SCs and STs, others. Mandate: national integration and make necessary suggestion to deal with it. It was further extended to include industries etc. Presented reports on Regionalism, communalism and linguism 15th meeting was held in 2011. Communal violence bill still in work NHRC's recommendation are not implemented Focus on singular identities Imbalanced development Sachar committee: recommended Equal Opportunities Commission which was never set up Solution: Short term: Rejuvenate the NIC Effective Communal Violence Act Amend RPA to give EC more teeth Long term: Education system and family system Reform in political system, police etc

Religious conversion
stanislaus Case	R to propagate do not include right to convert Conversion can not be secured by force, allurement or fraud
Criticism	then R to propagate becomes illusionary right Force, allurement or fraud cannot be defined
	There are anti conversion laws

Section 295A IPC and Section 153A	Criminalises any act which outrages religious feelings
Example	Kiku Sarda (MSG) MS Dhoni as a Vishnu on a Magazine
Against	FOS Against the Fundamental Duties (scientific temper, humanism, spirit of inquiry )
Real issue	Misapplication not the proven Misuse : Politicians are often not held like in Communal speech etc.
Conclusion	Need of sensitization of Police and proper guideline to use Balance between Article 19 and 25