The following article describes the current scenario of religious freedom in
India . Whether India needs more laws to have subtle practices of diverse
culture or the politics has diversified the culture into the pool of riots .
Later the article says about woman's participation in religion and how our
constitution has uplift the dignity of women in the society . Whether religious
conversion is legalized, whether the education of religion is against one's
religion and how our country deals with it
Introduction
A foetus starts living in a religious womb and at the end of the life, dies by
religious customs. Isn't it interesting that how life bounds every one of us in
a circle of some faith and belief which we practice diligently with so much of
enthusiasm. But do we Indians have really got freedom to practice, propagate and
profess the religion we choose or be inherited by birth. Or do we actually
perceive the reality as what the projector shows on the screen.
Let's spill the
beans into the reality of what our nation actually persists. Starting from the
famous case law in India, the
Babri Majid case verdict 2019 (1),which dealt with
the controversy over Ram Janmabhoomi is a recent religious faith fight. This
case begins from 1992 where the Majid was demolished by some hindu nationalist
organization and till 2019, the fight over religious practice began. But before
getting into the detail, let's get into the meaning of the term religion.
Tracing Of The Word Religion
In Sanskrit, the word religion is SANATANA DHARMA (2), which means "eternal
law". One of the oldest and organized religions in the world starting from
5000BC is HINDU DHARMA, Hinduism. The three most fundamental Hindu scriptures
are The Vedas, the Upanishads, the Bhagavad Gita and several interpretations
have been done on religion and cultural practice. Religion is one's belief,
faith, practice and is considered as a science of soul. It involves morals,
ethics which paves the way of life of the people. Gandhi ji believed secularism
as SARVA DHARMA ABHAV (3) meaning equality in all religion.
The concept was
originated with Ramakrishna and Swami Vivekananda but was popularized by Mahatma
Gandhi Religion is a specific set of organised beliefs and practices, usually
shared by a community or group. Spirituality is more of an individual practice
and has to do with having a sense of peace and purpose. It also relates to the
process of developing beliefs around the meaning of life and connection with
others.
Religions are historic and cultural systems that evolve with time, while
faith is an individualistic, personal feeling of one person. Indeed, faith can
be shared and others can start accepting and believing in certain
things/deities/procedures, but, in general, faith is a much narrower concept if
compared to religion. In broad sense, religion is the faith in God which they
believe who guides and rule them in a positive sense.
Like how before the
democrats and government, the king believed to be doing NO WRONG, similarly
people believes that religion is a way towards one's God and can do No Wrong.
Religious people have different rituals which sometimes unintentionally hurt the
sentiments of other religion leading to riots and this is how RELIGION IS TAKEN
AS A TOOL to reach to public. A MYTH of just praising and practicing the God
gets broken, when the REALITY of religious freedom in modern times goes
controversial.
Description
In India, according to 2011 census, Hindus are 79.8%, Muslims are 14.2%,
Christians are 2.3%, Sikhs are 1.7% and the rest 2 % consists of Buddhists,
Parsis. The majority of Muslims live in Uttar Pradesh, Bihar, West Bengal,
Telangana, Kerala, Karnataka and in union territories majority resides in Jammu
and Kashmir and Lakshadweep.
The majority of Christians resides in North East, Kerala, goa and Tamil Nadu and the Sikhs are more concentrated in the region of
Punjab and Haryana. Though we have freedom to practice but in the dark side we
see scams on the name of the religion. Like the 'Sex Tantra' camp snagged on
Navratri, which organized to offer a 3 days and 2 nights course under SSS (Satyam
Shivam Sundaram) foundation in Pune on 17th September 2022 was seen as an insult
to Hindus and their deities. The fight over religious practice is not new to the
society but the leaders keep the riots in motion for generations to gain greedy
powers for their selfishness.
- The Constitution:
In constitution, article 25-28 provides freedom of conscience and right to
profess, practice and propagate under the surveillance of public policy i.e., it
should not harm one's belief while enjoying our freedom. The Indian democracy is
the largest democracy in the world due to its diverse race, culture, beliefs
residing in it and therefore, there is a principle distance between state and
religion. The state is not allowed to be bias over one religion and carry out
discrimination.
When we talk about discrimination it not only includes
inequality between men and women but in a wide scope it includes discrimination
on the grounds of sex, place, caste, race, "essentiality" was invented by a
seven-judge Bench of the Supreme Court in the 'Shirur Mutt' case (4) in 1954.
The court held that the term "religion" will cover all rituals and practices
"integral" to a religion, and includes all the essential and non-essential
practices of a religion.
The word 'religion' used in the article 25 and 26 deals
only with the secular activities connected with religion and not matters which
are integral part of religion. The term religion is not defined in the
constitution but the Supreme Court has defined it many times, as a matter of
faith with individuals or communities. Religion is a doctrine of belief, ethical
rules for its followers to accept, prescribe rituals, ceremonies which may even
include to food, dresses that people persist. Profess - declare freely one's
belief. Practice -to perform the prescribed religious duties, rites, and
rituals.
Propagate -to spread and publicize religious view. But the Right to
Propagate one's religion does not give a right to convert any person to one's
own religion. Religious freedom also includes cremation ground and the Supreme
Court held that the denial of such rights and dispossessing them from cremation
ground amounted the violation of their fundamental right to freedom of religion
as it amounts to essential practice of every religion. One should get a
dignified life and death and thus nothing should become a barrier to approach
it.
- Religious Conversion:
Out of 28 states, 10 states have restricted religious conversion and have
imposed penalties over conversions. States like Himachal Pradesh, Rajasthan,
Uttar Pradesh, Chhattisgarh, Madhya Pradesh, Jharkhand, Gujarat, Uttarakhand,
Arunachal Pradesh, Odisha has banned conversion. The Indian Penal Code,1860,
prohibits deliberate and malicious acts intended to outrage religious feeling of
any class by insulting one's belief or religion. According to UCF (5) (United
Christian Forum) an NGO, 29 Christians were arrested in 3 states on suspicion of
forceful or fraudulent religious conversions in those states where it is
forbidden. In India, conversion in rest of the states is allowed provided that:
- It should not be fraud
- free from coercion
- conversion under the consent
- not against the public policy
- it should not be void and according to procedures prescribed by the law
- should not be misrepresented.
The
constitution (42nd amendment) Act, 1976 inserted the word "Secular" in the
preamble. It means that in the matter of religion the state is neutral where the
state protects all religion but interferes with none. Secularism means
developing, understanding and respecting every religion.
- Religious teach in education
In the case of Aruna Roy vs Union of India(6), it was held that the study of
religion in school as a part of education is not against the secular philosophy
of constitution. Therefore, where there are languages like Sanskrit, Urdu,
Punjabi, kannada been taught in the school as a subject is purely protected
under article 25.
Even the religious institution is allowed to run for the
protection of their minorities, provided that no immoral activities to be
engaged and it should not be against public policy. The saints, sages and seers
continued to practice rituals like yajna for the king's heath and humanity as a
whole because it does play a significant role in human life as it questions that
how can we make human beings of cultured character without teaching them from
childhood the fundamental and spiritual values.
- Religious practice in educational institutions
In the latest hijab case, the Karnataka high court on 12th September 2022, held
that wearing hijab is not a part of essential religious practice in Islamic
faith and thus it is not protected under Article 25 and therefore uniform does
not include wearing scarf on head.
The Court observed that in order to determine
whether or not a particular practice is an essential part of religion, the test
must be whether the absence of the practice itself fundamentally alters the
religion. But there are some religious practices where the practice contributes
the essential part like a turban is an essential religious symbol in Sikhs the
Muslim girls have told the court that wearing the 'hijab' was a fundamental
right guaranteed under India's Constitution and an essential practice of Islam.
They argued that it is no different from turbans worn by Sikhs, bangles and ghoonghats worn by Hindu women and the cross worn by Christians. The Karnataka
Advocate-General has told the High Court that those challenging the decision had
not been able to prove that wearing the 'hijab' was an essential religious
practice. In fact, 'hijab' is not an essential religious practice. Therefore, a
quarrel between 'hijab' and 'turban' is totally unjustified, for the subject of
'essentials' especially for Sikhs, because turban, their top identity, has
become an unintentional target in the 'hijab' controversy. Not even boys but
even girls in Sikhs wear turban called 'amritdhari'. The amritdharis follow the
Khalsa principles strictly, which is not the case with the most of the Sikhs,
who are Sikhs simply because they were born in a Sikh family, like in many other
communities.
Therefore, asking an 'amritdhari' sikh to take off the turban is
highly invasive and extremely embarrassing for him/her. Even the Section 129 of
the Central Motor Vehicles Act exempts Sikhs wearing turbans from wearing
protective headgear (helmet) The constitution also allows them to have the right
to carry kirpans with them. The recent case of sikh student in Canada was told
to remove the kirpan from him as it seems dangerous to them but in India it is
legal to carry by them. The reason might be ignorance by them but it is
outrageous to their religion.
- Woman and equality
The new bench of the Supreme Court was been tasked with finding the balance
between the Right to Freedom of Religion and other constitutionally-guaranteed
rights, especially the Right to Equality defining "essential religious practice"
and "constitutional morality". The entry of women into the Sabarimala temple.
This been a 'landmark case', the Supreme Court's five-judge constitution bench
has decided to refer the Sabarimala temple case (7), clubbed with other 3
pending cases broadly related to the rights of women in the sphere of religion,
to a larger 7-judge Bench. On 28th September 2018, Supreme Court lifted the ban
that prevented women and girls between the age of 10 and 50 mostly the
menstruating women from entering the famous Ayyappa shrine in Kerala by a
majority verdict of 4:1. It held that the old Hindu religious practice was
illegal and unconstitutional to Article 14 and 25.
Temple custodians argue that
women of menstrual age are prohibited from offering prayers as the deity there, Ayyappa, is a celibate and according to Hindus, the God's ideal will become
lifeless by the energy of the cycle but keeping the rights of women in India,
the constitution protected the rights of the women by making the landmark
judgement for the Hindu women. Muslim women's entry into mosques. In April 2019,
the supreme court held the case in favour of Muslim woman to have entry from the
main door of the mosques to get access to the 'musalla', the main prayer area.
- Politics and religion
Politicians often involve religion with daily affairs, for instance, the
congress party after the post-independence have attained the scope of secular
India where our first prime minister Shri Jawaharlal Nehru negotiated well with
Jinnah for the Hindus and Muslims to avoid the struggles been faced again. But
the congress government in present have often invoked religious sentiments to
suit their changing political interests.
Therefore, the public policy also
includes no discrimination in employment, education, and more specifically in
public areas due to prejudices on the grounds of sex, race, place of birth,
culture etc. India has successfully provided Universal Suffrage to every citizen
irrespective of the religion they belong to. In the case of
S.R. Bommai vs Union
Of India (1994) (6) the supreme court held that secularism is the basic feature
of constitution where it has positive content and state is neutral reflecting,
neither its anti-religious nor pro religious.
Conclusion
In my personal opinion, India has enough laws and sanctions to regulate each
religion but the flighty work of politicians does not let it happen. Subtracting
the atheists in the society, the remaining society of believers, considers
religion the most prioritize step to uphold and anything insulting their
sentiments would lead into failure of the constitution.
Whether it's a Muslims or
a Hindu or Christian every religion they follow has some embedded values in it.
The only arising problem of today is conversion and politics into religion
therefore people should understand every religion and respect them because riots
though happen internally but affects the country internationally.
Being a Hindu I feel that we are going in minority due to:
- Many Hindus are becoming ex -secular now, one of the new instances is due
to the riots happening in a loop especially after the Nupur Sharma case.
It's a shame to the people who continuously breaks the law and disrespect
the drafting committee of the constitution along with long citied landmark
judgements. It's a shame to the lawyers of the country who involves religion
into every aspect and if religion would have not been involved in the case
the riots between Hindu and Muslim would not have been occurred.
- Another major problem are the conversions of Hindus where the other
religion is succeeding over Hindus. Hindus don't have any specific custom to
convert others into it which creates problem.
A Religion is the vein in the society and bursting of it leads to the death of a
myth which has survived so long…
End Notes:
- M Siddiq (D) Thr Lrs v. Mahant Suresh Das & Ors (2019)
- Acharya Dharma Pravartaka (2015) Sanatana Dharma
- Pandey J.N. (2021) Constitutional Law of India
- 1954 Air 282, 1954 Scr 1005, (1954)
- India-jails-30-christians-on-charges-of-forced-conversion-as-persecution
mounts/https://hindutvawatch.org/
- AIR 2002 SC 3176
- Indian Young Lawyers Association and Ors. vs. The State of Kerala and
Ors (2019) 11 SCC 1
- 1994 AIR 1918, 1994 SCC (3), 1, JT 1994 (2)215, 1994 SCALE (2)37
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