Abstract

The comparative study of India and Indonesia’s right to freedom of religion is a significant area of research that examines the constitutional frameworks and legal provisions of both countries in relation to religious freedom. Moreover, it highlights the complexities and challenges that arise from the interplay between religious beliefs, cultural practices, and constitutional guarantees. This paper delves into the legal frameworks of India and Indonesia, two vibrant democracies grappling with the complexities of religious freedom. The analysis examines the constitutional provisions, legal and practical limitations, and the implications of these frameworks on the right to religion in both countries. The research highlights the significance of religious liberty as a cornerstone of liberal democracies, emphasizing its importance in the Indian Constitution’s secular framework and Indonesia’s constitutional recognition of the "one and only God." The study reveals the challenges faced by both countries in balancing the rights of religious majorities and minorities. In India, the majority Hindu population coexists with other religions, while Indonesia’s majority Muslim population is accompanied by other faiths. The research recommends that both countries adopt a more inclusive approach to religious freedom, safeguarding that the rights of all religious communities are protected and respected. The study concludes that a nuanced understanding of the legal frameworks in India and Indonesia is vital for encouraging religious liberty and nurturing a culture of tolerance and respect for diversity.

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