Religion and Law in India: An Analysis

                                            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