Religion and Law in India: An Analysis
Introduction:
Religion which is one of the fundamental and social institutions has been founded upon the
bedrock of the morality and believes guiding the personal as well as the spiritual conduct of the
individuals. Although religion is basically a personal aspect, at the same time profoundly influences
the society. However one should not be oblivious of the fact that very frequently religion is used
for committing the crimes thereby disrupting the public tranquillity.
Religious Freedom: A Fundamental Right
The fundamental right to religious freedom guaranteed by the constitution of India evidently
confers power to the State so as to restrict and regulate the religious freedom. Evidently religious
freedom of which right to profess and propagate are culminated extension of the liberty to follow
religious beliefs ,it should be noted that such constitutionally protected right is subject to the
reasonable restrictions,, where by ample powers are vested in the state to tackle any situation in this
regard.
Applicability of Criminal Law to Religion:
The criminal law of the land contemplates prosecution and penalising the violators of law, hence
religion, if moulded to commit criminal acts, such wrongful acts are susceptible to the legal action.
Thus, when there is criminalisation of the religion, the acts posing threat and serious challenge to
the maintenance of public order demand that the state must set its Governmental machinery for
enforcement of law against such miscreants. Belief and esteem attributed to the religion which is
vouchsafed as human right as well as fundamental right is enshrined under Constitution of India in
Part 3 from Articles 25 to 28. In India the criminal law is enforced through the provisions of the
Bharatiya Siksha Sanhitha, (BNS) Bharatiya Nagarik Suraksha Sanhitha (BNSS) and Bharatiya
Sakshya Adhinaya.
The penal provisions under BNS, on the subject mentioned under Chapter XVI, from Sec 298 to
Sec 302 ,aim at prosecuting the offenders with deliberate and mala fide intention to commit
religious offences and also to maintain peace and order in the society . The criminal frame work of
India is evidently in accordance with the constitutional frame work incorporated in articles 19 and 25
of the Indian constitution. The religious freedom guaranteed by the constitution of India debars any
act of disturbing the public peace or infliction of violence, unjustified application of force. Any act
which has ultimately violent effect, injurious to the broad interests of the society, even though
claimed to be a religious practice in fact being culpable can be punished in accordance with the
penal provisions of the Criminal Law of the Land.
Religion and Law:
The essence of the Indian criminal law is transparent, clear and firmly sounds that safe
guard to the practice of religious freedom in India is available only when individuals exercise
the same legitimately, but not when it is misused or abused. The Constitution protects the
religious freedom as fundamental right for bona fide exercise of same , as such, if the people
deviate from such practice, Law forbids and treats the wrong doers appropriately under the
law. In other words both the supreme law of the land, and criminal legal frame work in India
unequivocally and consistently maintain, and warn that none has right to resort to violence
and commit crime in the name of religion should inevitably incur the wrath of the law for
time being in force.
By,
D. Sreevani,
Asst.Professor,
Pendekanti Law College
