Article 25 of the Constitution of India

The core guarantee of Article 25(1) is that all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion. This means the state cannot discriminate against any person based on their religion. For example, a law cannot say that Hindus can build temples but Muslims cannot build mosques.

The phrase 'freedom of conscience' is crucial. It protects an individual's inner belief system, even if they don't outwardly practice a religion. So, an atheist or agnostic is equally protected under Article 25 as a devout believer.

The right to 'profess' religion means openly declaring one's faith. The right to 'practice' religion includes performing religious rituals and ceremonies. The right to 'propagate' religion means sharing one's religious beliefs with others, but it does not include the right to forcibly convert someone.

Article 25(2)(a) allows the State to regulate or restrict any economic, financial, political, or other secular activity which may be associated with religious practice. For instance, the government can regulate the management of temple funds to prevent corruption, even though managing a temple is a religious activity.

Article 25(2)(b) states that the State can make laws providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus. This provision was used to justify laws allowing Dalits to enter Hindu temples, challenging the caste-based exclusion that was historically practiced.

A key limitation on religious freedom is that it is subject to 'public order, morality and health'. This means the government can restrict religious practices that threaten public safety, violate moral standards, or endanger public health. For example, animal sacrifice can be restricted if it is deemed cruel or poses a health risk.

The 'essential religious practices' doctrine is a controversial aspect of interpreting Article 25. The Supreme Court has used this doctrine to determine whether a particular practice is essential to a religion. If it is, the state generally cannot interfere with it. If it is not, the state can regulate it. This has led to debates about who decides what is 'essential' to a religion.

The Sabarimala case highlighted the tension between religious freedom and gender equality under Article 25. The Supreme Court had to decide whether the ban on women of menstruating age entering the Sabarimala temple was an essential religious practice. The court ultimately ruled that it was not and that the ban violated women's fundamental rights.

The 'anti-exclusion test', proposed by Justice D.Y. Chandrachud, offers an alternative approach to the 'essential religious practices' doctrine. This test focuses on whether a religious practice excludes individuals in a way that impairs their dignity or violates constitutional principles. If it does, the practice is not protected under Article 25.

Article 26, which guarantees religious denominations the right to manage their own affairs in matters of religion, is often read in conjunction with Article 25. However, Article 26 applies to religious groups, while Article 25 applies to individuals. This means that a religious group's right to manage its affairs is also subject to public order, morality, and health.

The right to propagate religion under Article 25 does not include the right to convert people through force, fraud, or inducement. Several states have enacted anti-conversion laws that aim to prevent forced conversions, but these laws have been challenged on the grounds that they violate Article 25.

The wearing of religious symbols, such as turbans by Sikhs or hijabs by Muslim women, is generally protected under Article 25 as part of the practice of religion. However, this right can be restricted if it interferes with public order or the functioning of institutions. The Karnataka hijab ban case raised complex questions about the balance between religious freedom and institutional discipline.