• The Kerala High Court has observed that no religious belief stands above the Constitution.

• Justice P.V. Kunhikrishnan said this while rejecting a petition seeking to quash serious charges against a man accused of circulating a video that criticised a young Muslim woman for shaking hands with then Kerala Finance Minister T.M. Thomas Isaac in 2016.

• The Kerala HC ruling underscores the importance of individual freedom and religious autonomy as enshrined in the Indian Constitution. 

• It emphasized that no individual or group can impose their religious beliefs on others, reinforcing that every citizen has the right to follow their religious practices in their own way.

Key aspects of the ruling:

• Religious Freedom: The court referenced Article 25 of the Constitution, which guarantees freedom of conscience and the right to freely profess, practice, and propagate religion. The ruling makes it clear that while people are free to practice their religion, this does not extend to forcing or imposing religious practices on others. 

• This right is subject to public order, morality, and health, but it cannot infringe on others' freedoms.

• The court firmly stated that no religious belief could override the Constitution. The Constitution is the supreme law and provides safeguards for individuals, including the right to personal freedom, irrespective of their religious identity.

Freedom of religion under the Indian Constitution

The freedom of religion in India is enshrined in Articles 25, 26, 27, and 28 of the Indian Constitution, ensuring that every individual has the right to practice, profess, and propagate their religion, subject to certain restrictions for maintaining public order, morality, and health.

Article 25 - Freedom of Conscience and Free Profession, Practice, and Propagation of Religion 

• Article 25 guarantees the freedom of conscience and the right to freely profess, practice, and propagate religion.

• Freedom of Conscience: Refers to an individual’s inner freedom to establish a personal relationship with God or any spiritual entity as they wish.

• Right to Profess: The right to declare and profess one’s religious beliefs and faith openly without any fear or coercion.

• Right to Practice: Entails performing religious rituals, ceremonies, and expressing beliefs and practices in personal and public life.

• Right to Propagate: Refers to the freedom to spread one’s religious beliefs, share the principles of one's religion, and attempt to convince others about it. 

• However, this does not include forcible conversions, as this would violate the freedom of conscience of others.

• While Article 25 guarantees these rights, it also allows the state to impose limitations for public order, morality, health, and protection of other fundamental rights. The state can regulate secular activities related to religion (e.g., regulating temples or charitable institutions), but cannot interfere in core religious practices.

Article 26 - Freedom to Manage Religious Affairs

• Article 26 extends religious freedom to religious denominations or any section of them. 

It includes the right to:

• Establish and maintain religious institutions for religious or charitable purposes.

• Manage its own affairs in matters related to religion.

• Own and acquire property for religious purposes.

• Administer property in accordance with the law.

• However, these rights are also subject to public order, morality, and health, unlike Article 25, which provides broader protection for religious practices.

Article 27 - Freedom from Taxation for Religious Promotion

• Article 27 ensures that no person can be forced to pay taxes for the promotion or maintenance of any particular religion. 

• It highlights the secular nature of the Indian state by prohibiting religious bias in the use of public funds. 

• However, fees can be imposed for services related to religious activities (like pilgrimages or safety measures) or for regulatory expenses of religious institutions.

• Thus, taxes cannot be used to promote one religion over another, ensuring equal treatment of all religions.

Article 28 - Freedom from Religious Instruction in State-Funded Institutions 

Article 28 addresses the issue of religious instruction in educational institutions:

• Institutions wholly funded by the State: Cannot impart any religious instruction. 

• Institutions administered by the State but established under an endowment or trust: Religious instruction may be imparted. 

• State-recognised institutions or those receiving aid: Religious instruction is voluntary and cannot be imposed on students. 

• The idea behind this is to ensure freedom of conscience in educational settings and prevent religious coercion in state-run institutions.

(The author is a trainer for Civil Services aspirants.)