Article 25 of the Indian Constitution: Freedom of Religion Introduction India is a secular country , meaning that the state does not favor a...

Article 25 of the Indian Constitution: Freedom of Religion

Introduction

India is a secular country, meaning that the state does not favor any religion and guarantees religious freedom to its citizens. This is enshrined in Article 25 of the Indian Constitution, which grants individuals the right to freely profess, practice, and propagate their religion. However, this freedom is not absolute and is subject to public order, morality, and health.

In this blog post, we will explore the meaning, significance, limitations, landmark cases, and impact of Article 25.

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What is Article 25?

Text of Article 25:

"Subject to public order, morality, and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice, and propagate religion."

Key Features of Article 25:

✅ Freedom of Conscience – Every individual has the right to believe in any religion or none at all.
✅ Right to Profess – A person can declare and express their religious beliefs freely.
✅ Right to Practice – A person can perform religious rituals, customs, and ceremonies.
✅ Right to Propagate – A person can spread and educate others about their religion.

🔹 Limitations: This right is not absolute and is subject to:
✔️ Public Order – Religious practices cannot disturb law and order.
✔️ Morality – Practices that violate ethical standards (e.g., human sacrifices) are not allowed.
✔️ Health – Rituals that pose health risks (e.g., untouchability or superstitious practices) can be restricted.

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Significance of Article 25

1. Promotes Religious Freedom

• Ensures all religions have equal rights in a secular India.
• Protects both majority and minority religions from discrimination.

2. Strengthens India’s Secularism

• The state does not promote or restrict any religion.
• Ensures religious harmony among diverse communities.

3. Protects Individuals from Religious Persecution

• No one can be forced to follow or abandon a religion.
• Religious minorities have the right to practice their traditions freely.

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Landmark Supreme Court Cases on Article 25

1. The Shirur Mutt Case (1954)

• The Supreme Court ruled that:
  • The government cannot interfere in religious doctrines, but it can regulate secular activities.

2. The Anand Margi Case (1983)

• The court ruled that Tandava dance (a religious practice) in public places could be restricted as it might disturb public order.

3. Rev. Stainislaus v. State of Madhya Pradesh (1977)

• The court clarified that the right to propagate does not mean the right to forcibly convert others.

4. Indian Young Lawyers Association v. State of Kerala (2018) – Sabarimala Case

• The Supreme Court ruled that the ban on women of menstrual age entering the Sabarimala temple was unconstitutional because it violated Article 25 and gender equality.

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Limitations of Article 25

Although Article 25 guarantees religious freedom, it is subject to restrictions:

✅ Religious conversions by force, fraud, or coercion are illegal.
✅ Practices harming public order (e.g., communal riots) can be restricted.
✅ Religious customs violating fundamental rights (e.g., caste discrimination) are unconstitutional.

Example: Triple Talaq Case (2019)

• The Supreme Court ruled instant triple talaq unconstitutional, stating it violated women’s rights and public morality.

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Difference Between Article 25 and Article 26

Feature	Article 25	Article 26
Who it applies to	Individuals	Religious denominations (organizations)
Rights	Profess, practice, and propagate religion	Manage religious affairs, institutions, and property
Restrictions	Public order, morality, health	Public order, morality, health
Example	A person can freely practice their religion	A temple can manage its rituals and administration

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Comparison with Other Countries

Country	Religious Freedom	Government Role
India	Freedom of religion with reasonable restrictions	Government can regulate in the interest of public order
USA	Complete religious freedom under the First Amendment	No government interference
UK	Religious freedom, but the Church of England is linked to the state	Some religious organizations receive government funding
China	Restricted religious freedom	The government controls religious institutions

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Impact of Article 25 in India

✅ Ensures religious harmony by allowing all religions equal rights.
✅ Prevents religious discrimination and protects minority rights.
✅ Empowers individuals to practice their faith without fear.
✅ Regulates harmful religious practices like child marriages and untouchability.

However, debates continue on whether religious customs should evolve to align with modern constitutional values.

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Conclusion

Article 25 is a crucial fundamental right that guarantees religious freedom in India. It ensures that every person has the right to practice, profess, and propagate their religion while maintaining public order, morality, and health.

While religious rights are protected, they must also align with constitutional principles like equality, secularism, and human rights.

What are your thoughts on Article 25? Let us know in the comments below!