How does constitution ensure cultural justoce to minority groups?
Answers
Right to Freedom of Religion
Article 25 reads – Freedom of conscience and free profession, practice and propagation of religion-
Subject to public order, morality, and health and to other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
Nothing in this Article shall affect the operation of any existing law or prevent the State from making any law –
regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
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 Article provides every person the right to the freedom of conscience and the right freely to profess, practice and propagate religion. Freedom of conscience connotes a person’s right to entertain beliefs and doctrines concerning matters, which are regarded by him to be conducive to his spiritual well-being.[13] The right is not only to entertain such religious beliefs as may be approved by his judgment or conscience but also to exhibit his sentiments in overt acts as are enjoined by his religion. To profess a religion means the right to declare freely and openly one’s faith.[14]
A person may propagate freely his religious views for the edification of others. It is immaterial whether the propagation is made by a person in his individual capacity or on behalf of a church or institution.[15] The right to religion includes the right to seek a declaration that the Church is episcopal.[16]
Freedom to manage religious affairs
Article 26 reads – Subject to public order, morality and health, every religious denomination or any section thereof shall have the right-
to establish and maintain institutions for religious and charitable purposes;
to manage its own affairs in matters of religion;
to own and acquire movable and immovable property; and
to administer such property in accordance with law.
Article 26(a) as the basis for an educational right, the Supreme Court in Brahmachari Siddeshwar[17], ruled that religious denominations could establish institutions for charitable purpose subject to limitations prescribed under Article 26(1). But it did not decide whether it provided protection to educational institutions established and maintained by religious denomination for general education. The TMA Pai Foundation judgment made a significant contribution in this sphere by holding, “The right to establish and maintain educational institutions may also be sourced to Article 26(a), which grants, in positive terms, the right to every religious denomination of any section thereof to establish and maintain institutions for religious and charitable purposes, subject to public order, morality, and health. Education is recognized as the head of charity. Therefore, religious denominations or sections thereof, which do not fall within the special categories carved out in Article 29(1) and 30(1), have the right to establish and maintain religious and educational institutions”.[18] This enables the religious denominations of majority religious community also to set up any educational institution.