Propagation without proselytisation: what the law says
10 years, 3 months ago

Propagation without proselytisation: what the law says

The Hindu  

The Fundamental Right to “propagate” one’s religious faith has always trodden on slippery ground. Article 25 of the Constitution says “all persons,” not just Indian citizens, are equally entitled to the freedom of conscience and the right to profess, practise and propagate religion freely. Misra advised the Assembly that everybody should have the right to profess and practise their religion as they saw best, but not to “let him try swell his number to demand the spoils of political warfare.” But Pandit Lakshmi Kanta Maitra disagreed that “propagation does not necessarily mean seeking converts by force of arms, by the sword, or by coercion.” He argued the Fundamental Right to propagate may probably work to remove the “misconceptions” in the minds of the people about other co-existing religions in this land of different faiths. He pointed to how this young nation was moulding its Constitution in the background of a “war-torn, war-weary world.” Kamath argued that even as no particular religion should receive State patronage, “we must be very careful to see that in this land of ours, we do not deny anybody the right not only to profess or practise but also to propagate any particular religion.” “This glorious land of ours is nothing if it does not stand for the lofty religious and spiritual concepts and ideals. In reference to the 1954 judgment of Ratilal Panachand Gandhi vs. State of Bombay, the court held that the “freedom of conscience is not meant merely for followers of one particular religion but extends to all.” The Supreme Court, in reference to the Arun Ghosh vs. State of West Bengal verdict of 1950, holds that an attempt to raise communal passions through forcible conversions would be a breach of public order and affect the community at large.

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