Balancing Belief and Law: The Constitutional Debate on Religious Rights

  • Apurv Krishna
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  • Apurv Krishna

    Student at Amity Law School, Noida, India

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Abstract

This research study investigates the complicated and frequently contradictory interplay between religious liberties and constitutional safeguards in India. It opens with a thorough discussion of the Supreme Court's recent involvement in suspending legal proceedings under the Places of Worship Act of 1991, demonstrating how judicial action might protect against communal strife. The study examines how, unlike Western models, Indian secularism prioritizes equal respect for all religions above their separation from the state through constitutional provisions such as Articles 25 to 28, as well as key rulings. It also examines fundamental religious practices, the freedom to convert, and the constraints imposed by public order, morality, and health. The article examines the judiciary's changing perspective on religious liberties, notably in terms of individual rights vs group or community-based safeguards. Finally, it adds that, while religion continues to play an important part in Indian society, the Constitution is dedicated to a framework that places secularism and equality at the center of democratic life.

Keywords

  • Religious Rights
  • Secularism
  • Fundamental Rights
  • Indian Constitution

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 5073 - 5082

DOI: https://doij.org/10.10000/IJLMH.119503

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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