Question

when does the Indian govenment interfere with religion

Answer 1

when the religion start causing violence or becomes a reason for the disturbance of Indian constitution then the government interfere with religion.

Answer 2

Why is the Supreme Court and the Government of India interfering in the affairs of Hindu temples? How can the constitution advise/authorize the dos and don'ts of a temple?

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18 ANSWERS



Tejasvita Apte, Indian lawyer, inter alia

Answered Jan 13 2016

Thank you for asking me to answer this.

There are two aspects to this question. One is legal and the other is socio-religious. I will analyze both.

Legally speaking -

Freedom of religion is a Fundamental right covered under Article 25 of the Constitution. Like every other fundamental right, Freedom of religion comes with reasonable restrictions.

The reasonable restriction under Article 25 applicable here is -

Art. 25 (2) (b)

Nothing in this article shall affect the operation of any existing law or prevent the State from making any law -

(b) 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.

So, freedom of religion will always have the reasonable restriction of social welfare and reform. Religion cannot supersede that.

So, legally the case is closed. It can very well be opened to women within all age-groups.