Reforming “Right To Freedom Of Religion” In The Light Of Constitutional Morality

Akshat Goswami, O.P Jindal Global University

ABSTRACT

The right to freedom of religion is a fundamental human right that is protected by the Indian Constitution as well as by international law and conventions. However, there is a longstanding debate about the extent to which the state should be involved in regulating and promoting religious practices. In the context of India, religion has always been and continues to be an extremely sensitive topic. Thus, the lawmakers of the constitution drafted the right by considering the delicacy. They also left the scope of state intervention, in order to bring liberal reform to the orthodox system. This research paper examines the relationship between the right to religion and state intervention, analyzing various legal frameworks and case studies from different time-period. The paper argues that while the state has a legitimate interest in protecting public order and individual rights, it must also respect the autonomy and diversity of religious communities. It concludes that a balanced approach is necessary, where the state intervenes only when there is a clear threat to public safety or individual rights, while also promoting religious tolerance and pluralism.

Keywords: Fundamental rights, Freedom of religion, state intervention, Art. 25, secularism.