State regulation of religious practice
Also called: Article 25(2), State intervention in religious practices · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Class 11, Ch 2 "Rights in the Indian Constitution"; Class 11, Ch 10 "The Philosophy of the Constitution"
Meaning
Article 25 gives every person freedom of religion. Article 25(2) says this freedom does not stop the State from acting in two ways. First, it may regulate secular (non-religious) activities linked to religion, such as money, property or administration. Second, it may make laws for social welfare and reform. This keeps religious freedom from shielding harmful practices. All of Article 25 is also subject to public order, morality and health.
Example
Bans on sati, bigamy and human sacrifice are allowed because of this power. So are laws that open Hindu temples to all castes, which help end caste exclusion in worship. Under the same Article, Sikhs may carry the kirpan.
Don't confuse with
- Freedom to manage religious affairs (Art. 26): a right that belongs to a religious denomination, letting it run its own institutions and affairs. Art. 25(2) is a power the State holds to regulate and reform.
- Freedom from taxes for promotion of religion (Art. 27): protects people from being forced to pay a tax spent on promoting a particular religion. It does not deal with regulating religious practice.
Related concepts
- Freedom of religion
- Freedom of conscience
- Right to propagate religion
- Rev. Stainislaus case
- Anti-conversion laws
- Freedom to manage religious affairs
- Religious denomination
- Freedom from taxes for promotion of religion
- Freedom as to religious instruction
- Cultural and educational rights