According to the Supreme Court’s recent statement, the persons above 18 years of age are free to choose their religion as it refused to entertain a plea seeking directions to the Centre and states to control black magic and religious conversion.
The petition was filed by advocate Ashwini Upadhyay. Besides seeking direction to the Centre and states to control black magic and religious conversion, the plea also sought directions to ascertain the feasibility of appointing a committee to enact a Conversion of Religion Act to check the "abuse of religion."
The plea argued that such forceful religious conversions by use of black magic are common throughout the country.
These incidents are against Articles 14 (right to equality), 21(right to life), and 25 (right to religious freedom). Also, they are against the principles of secularism(part of the basic structure of the Constitution).
The plea also said that the Centre and States are obligated under Article 46 to protect the SC/ST community from social injustice and other forms of exploitation.
The petitioner also referred to the 1977 Stanislaus vs State of Madhya Pradesh and Others case. In this case, the Supreme Court Constitution bench explained the “word ‘propagate’ used in Article (25).
The court held that it means transmitting or spreading information from person to person or from place to place. Further, the court also held that the Article does not grant the right to convert another person to one’s own religion.
The Supreme Court bench asserted that there is no reason why a person above 18 can't be allowed to choose their religion.
The Court observed that the fundamental right under Article 25 provides people to freely profess, practice, and propagate religion. It is subject to public order, morality, and health.
Further, the court said that the Religious faith is a part of the fundamental right to privacy. Hence, every person is the final judge of their own choice of religion. Courts cannot sit in the judgment of a person’s choice of religion or a life partner.
Article 25 guarantees the freedom of conscience, the freedom to profess, practice and propagate religion to all citizens. Considered as included in the profession of the Sikh religion this Article provides that every religious denomination has the following rights, subject to morality, health and public order.
Article 25: Freedom of conscience and free profession, practice and propagation of religion.
Article 26: Freedom to manage religious affairs.
Article 27: Freedom as to payment of taxes for promotion of any particular religion.
Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
Secularism means developing, understanding and respect for different religions. It is believed that the word ‘Secularism’ has its origin in late medieval Europe.
In 1948, during the constituent assembly debate, a demand was made by the KT Shah to include the word ‘Secular’ in the Preamble to the Constitution.
The members of the assembly though agreed to the secular nature of the constitution but it was not incorporated in the Preamble. Later, in 1976 the Indira Gandhi government enacted the 42nd Amendment Act and the word ‘Secular’ was added to the Preamble.
The 42nd Amendment Act also known as the ‘Mini Constitution’, is the most comprehensive amendment to the Constitution.
