The recent proposal made by the BJP, in the Parliament, for the Anti conversion bill is total against of the Article 25 of the Indian Constitution. It is shocking that the BJP Govt. have no idea or fair education, regarding the Article 25.
Before we go for the debate on the proposal of Anti- conversion, BJP ought to have taken the view of the Constitutional experts, before making controversy statement in the Parliament, on the issue of Anti Conversion Bill.
SECULARISM AND FREEDOM OF RELIGION :
This Article 25 guarantees that every person in India shall have the freedom of conscience and shall have the right to profess, practice and propagate religion, subject to the restrictions that may be imposed by the State on the following grounds, namely:-
(1) public order, morality and health;
(2) other provisions of the Constitution;
(3) regulation of non-religious activity associated with religious practice;
(4) social welfare and reform;
(5) throwing open of Hindu religious institutions of a public character to all classes of Hindus.
The freedom of religion conferred by this Article is not confined to citizens of India alone but extends to all persons including aliens and individuals exercising their rights either in their individual capacity or on behalf of some church or institution. Freedom of conscience connotes a person's right to entertain beliefs and doctrines concerning matters, which are regarded by him to be conducive to his spiritual well being.
A person has freedom to believe in the religious tenets of any sect or community. The right is not only to entertain such religious beliefs as may be approved by his judgment or conscience but also to exhibit his sentiments in overt acts as are enjoined by his religion. According to this Article, he may 'profess, practice and propagate his religion'.
To profess a religion means the right to declare freely and openly one's faith. Modes of worship considered by a religion to be its integral and essential part are also secured. He may propagate freely his religious views for the edification of others. Thus, freedom of conscience would be meaningless unless it is supplemented by the freedom of unhampered expression of spiritual conviction in word and action.
The right to propagate one's religion means the right to communicate the person's beliefs to another person or to expose the tenets of that faith, but would not include the right to convert another person to the former's faith, because the latter is equally entitled to freedom of conscience.
Of course, the latter person is free to adopt another religion in the free exercise of his conscience. Thus, Article 25(1) guarantees to every person not only the right to entertain such religious beliefs as may appeal to his conscience, but also the right to exhibit his belief in his conduct by such outward acts as may appear to him proper in order to spread his ideas for the benefit of others. Therefore, every person is guaranteed the freedom to practice his religion- or to spread it if he so wishes - if that freedom is not abused to commit crimes or indulge in anti social activities.
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4. Any attempt to impose a ban on all religious conversions would interfere with one's right to propagate one's religion under Article 25(1), apart from infringing the right to freedom of speech guaranteed under Article 19(1) of the Constitution. The Supreme Court has held that there is no fundamental right to convert another person to one's religion as such a right would infringe on the right to freedom of conscience guaranteed to all citizens of the country alike.
Before we go for the debate on the proposal of Anti- conversion, BJP ought to have taken the view of the Constitutional experts, before making controversy statement in the Parliament, on the issue of Anti Conversion Bill.
SECULARISM AND FREEDOM OF RELIGION :
This Article 25 guarantees that every person in India shall have the freedom of conscience and shall have the right to profess, practice and propagate religion, subject to the restrictions that may be imposed by the State on the following grounds, namely:-
(1) public order, morality and health;
(2) other provisions of the Constitution;
(3) regulation of non-religious activity associated with religious practice;
(4) social welfare and reform;
(5) throwing open of Hindu religious institutions of a public character to all classes of Hindus.
The freedom of religion conferred by this Article is not confined to citizens of India alone but extends to all persons including aliens and individuals exercising their rights either in their individual capacity or on behalf of some church or institution. Freedom of conscience connotes a person's right to entertain beliefs and doctrines concerning matters, which are regarded by him to be conducive to his spiritual well being.
A person has freedom to believe in the religious tenets of any sect or community. The right is not only to entertain such religious beliefs as may be approved by his judgment or conscience but also to exhibit his sentiments in overt acts as are enjoined by his religion. According to this Article, he may 'profess, practice and propagate his religion'.
To profess a religion means the right to declare freely and openly one's faith. Modes of worship considered by a religion to be its integral and essential part are also secured. He may propagate freely his religious views for the edification of others. Thus, freedom of conscience would be meaningless unless it is supplemented by the freedom of unhampered expression of spiritual conviction in word and action.
The right to propagate one's religion means the right to communicate the person's beliefs to another person or to expose the tenets of that faith, but would not include the right to convert another person to the former's faith, because the latter is equally entitled to freedom of conscience.
Of course, the latter person is free to adopt another religion in the free exercise of his conscience. Thus, Article 25(1) guarantees to every person not only the right to entertain such religious beliefs as may appeal to his conscience, but also the right to exhibit his belief in his conduct by such outward acts as may appear to him proper in order to spread his ideas for the benefit of others. Therefore, every person is guaranteed the freedom to practice his religion- or to spread it if he so wishes - if that freedom is not abused to commit crimes or indulge in anti social activities.
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4. Any attempt to impose a ban on all religious conversions would interfere with one's right to propagate one's religion under Article 25(1), apart from infringing the right to freedom of speech guaranteed under Article 19(1) of the Constitution. The Supreme Court has held that there is no fundamental right to convert another person to one's religion as such a right would infringe on the right to freedom of conscience guaranteed to all citizens of the country alike.
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