Right to Freedom of Religion
In our class friends of different religions each celebrate their festivals happily. The right to freedom of religion makes this possible.
The right to freedom of religion means every Indian citizen is free to practise any religion and to establish institutions for religious reasons.
Key idea 1 : India is a secular country — India is an important secular country in the world. The answer to what the Constitution says about this lies in the right to freedom of religion. According to it each Indian citizen is free to practise any religion and to establish institutions for religious reasons.
Key idea 2 : Two things not permitted — To widen the scope of religious freedom two things are not permitted. One, the State cannot impose religious taxes that might be used to encourage a particular religion; the Constitution forbids religious taxes. Two, religious education cannot be made compulsory in educational institutions that receive aid from the State.
Key idea 3 : Festivals of all — All Indian citizens can celebrate all festivals joyfully because the Constitution has given them religious freedom. While using this freedom we must respect others’ feelings and public peace.
- Easy : Following any religion — religious freedom.
- Medium : Imposing religious tax — forbidden.
- Exam-type : Compulsory religious education in aided school — not allowed.
In the figure: Right to religion and what is barred.
What happened before the Bijoe Emmanuel case? In Kerala in 1985, three school children of the Jehovah’s Witnesses faith stood respectfully during the national anthem but did not sing it, because their faith allowed prayer only to their own God. The school expelled them.
What happened after the Bijoe Emmanuel case? In 1986 the Supreme Court ordered the school to take them back. It held that no law forces anyone to sing the anthem, that standing respectfully is enough, and that freedom of religion must be protected.
Practise + establish; no religious tax; no compulsory teaching.
Religious freedom is not a licence to trouble others.
Memory clue: Two bars: no tax, no compulsion.
Spot the difference
| Thing | Allowed? | Reason |
|---|---|---|
| Following own religion | Yes | Religious freedom |
| Religious tax | No | Promotes one religion |
| Compulsory religious teaching in aided school | No | All religions equal |
Practice questions
- 1What is the right to freedom of religion?
- 2Why are religious taxes forbidden?
- 3What cannot be made compulsory in State-aided institutions?
- 4What is a secular country?
- 5We can celebrate all festivals joyfully, because …
- 6What care should be taken while using religious freedom?
- 7How are different festivals celebrated in your school?
- 8Write the two bars concerning religious freedom.
Show answers (try them yourself first)
- 1Freedom to practise any religion and set up religious institutions.
- 2Because the State should not promote any one religion.
- 3Religious education.
- 4Where all religions are considered equal.
- 5the Constitution has given religious freedom.
- 6Respect for others’ feelings and public peace.
- 7Festivals of all are celebrated together.
- 8No religious tax; no compulsory religious teaching.
Cultural and Educational Rights
In every home wedding customs, food and language are a little different. The Constitution gives the right to preserve one’s distinct identity.
Cultural and educational rights mean the right of different communities to preserve and promote their language, script and culture and to set up institutions for it.
Key idea 1 : Country of diversity — Our country has great diversity of festivals, food and ways of life. Even wedding ceremonies differ. All these are part of the cultures of different communities. The Constitution has given the different communities the right to preserve their cultural uniqueness.
Key idea 2 : Language, script and literature — According to this right people are free to preserve their language, script and literature and also make efforts to promote them. They can establish institutions for development of their language. For example the Maharashtra Government has established institutions for the development of Marathi.
Key idea 3 : Respect for diversity — This right is not only about preserving one’s own culture but also teaches respect for others’ cultures. If friends in our class or village speak different languages, knowing their languages and customs is a democratic habit.
- Easy : Setting up an institution for language — cultural right.
- Medium : Preserving a script — cultural right.
- Exam-type : Variety in festivals — part of culture.
In the figure: Right to preserve and promote.
As per the textbook the number of official languages in the Constitution and Maharashtra’s Marathi-language institutions are questions for students to find out themselves. (as per the textbook)
Preserve, promote, set up institutions.
Cultural rights do not mean a right to look down on others’ cultures.
Memory clue: Language, script, literature.
Spot the difference
| Point | Cultural | Educational |
|---|---|---|
| What can be kept | Language, script, customs | Own educational institutions |
| Whose right | Different communities | Different communities |
Practice questions
- 1What are cultural rights?
- 2How can people preserve their language?
- 3What institutions can be established for developing language?
- 4Why is India called a country of diversity?
- 5Write two benefits of cultural diversity.
- 6How can we respect others’ cultures?
- 7Should all work in Maharashtra be in Marathi? Give your view.
- 8Find out how many official languages are in the Constitution.
Show answers (try them yourself first)
- 1The right of communities to preserve their culture.
- 2By using, teaching, writing literature and setting up institutions.
- 3Institutions for language, literature and culture.
- 4Because of diversity in festivals, food, language and ways of life.
- 5Understanding each other; richer culture.
- 6By knowing their languages, festivals and customs.
- 7Student’s own view with reasons.
- 8Student should find from books or teachers.
Right to Constitutional Remedies and Writs
If we are wronged in school we appeal to the headmaster. If a citizen’s rights are violated there is a right to appeal to the court.
The right to constitutional remedies is the right to approach courts if fundamental rights are violated. Courts can issue writs to protect rights.
Key idea 1 : Right to seek redress — In case of encroachment of fundamental rights, the Indian citizens’ right to get judicial remedies is itself a fundamental right. This is the Right to Constitutional Remedies. It means the Constitution itself has provided legal remedies if people’s rights are violated. So it becomes a constitutional duty of courts to protect people’s rights.
Key idea 2 : Writs — Courts can issue various writs to protect rights. Habeas Corpus: protection from unlawful arrest and detention. Mandamus: an order of the Supreme Court or High Court commanding the government to perform an action that is its duty in public interest. Prohibition: an order preventing a subordinate court from exceeding its jurisdiction. Quo Warranto: restraining a person from acting in an office to which he is not entitled. Certiorari: an order to remove a lawsuit from a subordinate court to a superior court.
Key idea 3 : Guardians of rights — Since fundamental rights are protected by courts, citizens can exercise their rights. They can fulfil their roles as alert, responsible and active citizens.
- Easy : Unlawful arrest — Habeas Corpus.
- Medium : Making government do its duty — Mandamus.
- Exam-type : Acting in a post without right — Quo Warranto.
In the figure: The five writs and their work.
In the Constituent Assembly debate Dr Ambedkar is said to have described the right to constitutional remedies as the soul and heart of the Constitution. (check with the textbook)
5 writs = H-M-P-Q-C.
Writs are not only Habeas Corpus; there are five in all.
Memory clue: Habeas = arrest; Mandamus = order govt; Prohibition = stop lower court; Quo = post; Certiorari = move case.
Spot the difference
| Writ | Work | Example |
|---|---|---|
| Habeas Corpus | Protection from illegal arrest | Arrest without reason |
| Mandamus | Order to government to act | Public-interest work stalled |
| Prohibition | Stops a lower court | Decision beyond jurisdiction |
| Quo Warranto | Checks right to hold a post | Ineligible person in post |
| Certiorari | Moves case to higher court | Case in lower court |
Practice questions
- 1What is the right to constitutional remedies?
- 2What is a writ?
- 3What is the writ of Habeas Corpus for?
- 4State the difference between Mandamus and Prohibition.
- 5Give an example of the writ of Quo Warranto.
- 6What does Certiorari do?
- 7How do citizens benefit from the protection of courts?
- 8Write in your words why this right is important.
Show answers (try them yourself first)
- 1The right to approach courts when rights are violated.
- 2An order issued by a court to protect rights.
- 3For protection from unlawful arrest and detention.
- 4Mandamus tells government to act; Prohibition stops a lower court.
- 5Stopping an ineligible person from holding a public post.
- 6Moves a case from a lower to a higher court.
- 7They can exercise rights fearlessly.
- 8So that rights are not only on paper but usable in practice.
Infringement of Rights and Judicial Protection
If the umpire gives a wrong decision a team can appeal. If rights are infringed a citizen can appeal to the court.
Infringement is when someone takes away rights given by the Constitution or does not let us use them. The court examines the complaint and, if needed, gives an appropriate verdict.
Key idea 1 : What is infringement? — Sometimes the rights guaranteed to us by the Constitution are encroached upon and we cannot exercise them. This is called an infringement of our rights. The court considers our complaint, investigates it and, if convinced that rights have been infringed and injustice done to the aggrieved person, gives an appropriate verdict.
Key idea 2 : Examples of infringement — Arresting someone without reason, stopping a person from leaving a village or town without valid reason, refusing food, water or medicines to jail inmates are examples of infringement. In such cases the aggrieved person or family can approach the court.
Key idea 3 : What is right and what is wrong? — Suppose an officer refuses the benefit of a scheme to a woman even though her documents are complete, deciding by her looks that she is not eligible. That is discrimination and her right is infringed. She should first complain to a senior officer and, if needed, go to the court. Find examples in your own words and discuss them in class.
- Easy : Arrest without reason — infringement.
- Medium : Denying water to a prisoner — infringement.
- Exam-type : Denying benefit despite documents — infringement.
In the figure: From infringement to verdict.
What happened before the Hussainara Khatoon case? In 1979 newspaper reports on Bihar’s jails showed that many undertrial prisoners had waited years for a trial, some for longer than the maximum sentence of their offence. Advocate Kapila Hingorani took the matter to the Supreme Court.
What happened after the Hussainara Khatoon case? The Supreme Court ordered the release of thousands of such prisoners and declared that a speedy trial is part of the Right to Life (Article 21).
Infringement → complaint → inquiry → verdict.
The court does not give a verdict without examining a complaint.
Memory clue: If wronged do not fear; seek redress.
Spot the difference
| Situation | Infringement? | Which right |
|---|---|---|
| Arrest without reason | Yes | Liberty |
| Benefit denied despite documents | Yes | Equality |
| Punishment after trial | No | Due process |
Practice questions
- 1What is infringement of rights?
- 2Give two examples of infringement.
- 3To whom should one appeal after infringement?
- 4What does the court do after a complaint?
- 5Which writ can be used if arrested without reason?
- 6If a woman is denied the benefit of a scheme which right is infringed?
- 7How do citizens benefit from judicial protection?
- 8Write an example of infringement you have seen in school or village.
Show answers (try them yourself first)
- 1Someone taking away or not letting us use constitutional rights.
- 2Arrest without reason; denying water to a prisoner.
- 3To the court.
- 4Investigates and, if convinced, gives an appropriate verdict.
- 5Habeas Corpus.
- 6Right to equality.
- 7They can use rights fearlessly and seek redress against injustice.
- 8Student should give own example.