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Freedom of religion in India is a fundamental right guaranteed by Article 25–28 of the Constitution of India. [1] Modern India came into existence in 1947 and the Indian constitution's preamble was amended in 1976, to explicitly declare India a secular state. [2]
However, the most substantial binding legal instruments that guarantee the right to freedom of religion that was passed by the international community is the Convention on the Rights of the Child which states in its Article 14: "States Parties shall respect the right of the child to freedom of thought, conscience and religion. – States ...
Article 25 guarantees all persons the freedom of conscience and the right to preach, practice and propagate any religion of their choice. This right is, however, subject to public order, morality and health, and the power of the State to take measures for social welfare and reform. [ 50 ]
Article 25: Freedom of conscience and free profession, practice, and propagation of religion; Article 26: Freedom to manage religious affairs; Article 27: Freedom from payment of taxes for promotion of any particular religion; Article 28: Freedom from attending religious instruction or worship in certain educational institutions
The UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief is a United Nations resolution, passed with consensus on November 25 1981. [1] The "freedom of thought, conscience, and religion" was first outlined in article 18 of the Universal Declaration on Human Rights. [2]
The former was allowed while the latter was seen as not a part of the fundamental rights. Referring to Article 25(1), Chief Justice Ray, writing for the Court, held: What the Article grants is not the right to convert another person to one's own religion, but to transmit or spread one's religion by an exposition of its tenets.
Article 15 covers freedom from discrimination which includes that of gender equality. However, Article 25 justifies the freedom of religion which safeguards the religious rights of Muslim communities, in turn Muslim Personal Law, which is discriminatory between Muslim men and women. [73]
Responding to the petition, the Maharashtra and the central governments had stated that "no religion" cannot be treated as a religion on official forms. The court cited the Article 25 of the Constitution, which guarantees right to freedom of conscience, while passing the verdict. [92] [93]