Right to Freedom of Religion

Article 25-The Constitution of India- Freedom of conscience and free profession, practice and propagation of religion

Though the interpretation of words does change as per the situation, circumstances, time, (i.e. behaviour of society, ruler etc) by way of utterance, while changing to different group from the common group(s) and after lapse of particular period but it finally depends upon the nature of person as to how he twists the interpretation and what is willing to extract out of it? Moreover, each word in English language conveys more meanings comparing to other languages. 

To my mind, here in the Article- Explanation I do recognize Sikhs separate identity and religion. The Explanation II of the Article does not put any shadow so far the separate identity and religion are concerned.

The Explanation II of the Article does include the persons professing the Sikh, Jaina or Buddhist religion to ‘all classes and sections of Hindus’ for the purpose of 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.

The Explanation II of the Article does not mean to adversely affect the persons professing the Sikh, Jaina or Buddhist religion. It only talks of equality.

The interpretation of mine in the context of ‘Sikh religion’ is purely literally legal nothing to do with politics.

Balbir Singh Sooch, Advocate, Ludhiana
September 14, 2007
www.sikhvicharmanch.com

For ready reference, the Article 25 is reproduced as under:
PART III
FUNDAMENTAL RIGHTS
Right to Freedom of Religion

25. Freedom of conscience and free profession, practice and propagation of religion.-

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

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

(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

(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.

Explanation I.- The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

Explanation II.- In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.