Right to Freedom of Religion in Indian Democracy Issues and Challenges with Special Reference to Public Order

  • Dr. J. S. Chandpuri and Dr. Rakesh Lal Shah
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  • Dr. J. S. Chandpuri

    Associate Professor at Faculty of Law, D.A.V. (P.G.) College, Dehradun, India

  • Dr. Rakesh Lal Shah

    Assistant Professor at Deptt. of Political Science, DAV (PG) College, Dehradun, India

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India, being a secular state provides equal protection to all the religions. India is the most diverse country with respect to religion. Being a secular country it does not have its own religion and every citizen has the right to choose, practice, propagate and even change his or her religion. Clause (1) of the Article 25 of Indian constitution guarantees to all persons the right to freedom of conscience and right freely to profess, practice and propagate religion. However, these rights are not absolute but subject to certain restriction such as public order, morality, public health and to the other provisions of the constitution, can be imposed on religious practices. No person in the name of religion can do any act that is opposed to the public policy or creating any kind of disturbance or intolerance among the people of India. Apart from the chapter XV (section 295 to 298 and section 153-A, 153-B and section 505(2) of Indian penal code 1860, respectively provides the punishments for religious offences such as trespassing and defiling on worship places, disturbance of religious ceremony, spreading the enmity between different classes, affecting the unity and integrity of the country and statement creating or promoting enmity, hatred or ill-will between classes etc. The unity and integrity of the country cannot be ignored under the guise of religious freedom. In this research paper, the author has analyzed the constitutional mandate on religious freedom and tried to point out the political abuse of such freedom as well as some suggestions to paramount consideration of religious freedom.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 3, Page 1945 - 1962

DOI: https://doij.org/10.10000/IJLMH.113210

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