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GOVERNMENT FUNDING TO RELIGIOUS
INSTITUTIONS IN INDIA: A CONSTITUTIONAL
ANALYSIS
A
DISSERTATION SUBMITTED TO THE KURUKSHETRA
UNIVERSITY, KURUKSHETRA IN PARTIAL FULFILMENT
OF THE REQUIREMENT FOR THE DEGREE OF
MASTER OF LAWS (LL.M)
Under the Supervision of:
Submitted By:
Mr. Nikhil Shah
Renu Sharma
(Assistant Professor)
LL.M. (4
th
Sem)
Geeta Institute of Law
Roll No- 120024601
KURUKSHETRA UNIVERSITY, KURUKSHETRA
HARYANA-136119
Session: 2021-2023
I
G GEETA INSTITUTE OF LAW
G.T.Road, Karhans, Samalkha, Panipat (Affiliated to Kurukshetra University,
Kurukshetra)
PROFORMA-I
Performa for Approval of Topic/Name of the Supervisor of Dissertation to be submitted in partial fulfillment of the course.
Note: Please send the Performa duly filled into this Institute and start the word in receipt of the approval letter from this Institute.
PARTICULARS OF THE CANDIDATE
:
(a) Name /Father Name Course/Class - Roll No: Session: Year/Part (I/II/III) (b)
Topic (in English) : Date: PARTICULARS OF THE SUPERVISOR
:
SIGNATURE OF THE STUDENT
Address: - Mob No. E-mail.
(a) Name: Designation: Qualification: Teaching Experience: UG: Years
Postal Address: PG: Years
University/Institute where working CONSENT OF THE SUPERVISOR:
I hereby convey my consent for supervising the work of the above-mentioned candidate which would be his/her original work.
Date: SIGNATURE OF THE SUPERVISOR
APPROVAL OF THE COURSE –COORDINATIOR / Principal
The above-mentioned Topic and Name of the Supervisor are hereby.
1.
APPROVED
2.
NOT APPROVED due to Date:
Signature
(PRINCIPAL / COURSE COORDINATOR)
II
SUPERVISOR’S CERTIFICATE
It gives me pleasure to certify that Mrs. RENU SHARMA
, Reg. No. 21GTLP76,
session 2021-2023 has completed his dissertation entitled “Government Funding
to Religious Institutions in India: A Constitutional Analysis” as Partial
fulfillment of the Requirement of Master of Laws Degree of Kurukshetra
University, Kurukshetra under my Supervision. The Dissertation is fit for
submission and evaluation for the above purpose.
SUPERVISOR & GUIDE
Mr. Nikhil Shah
Assistant Professor Geeta Institute of Law, Panipat
III
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CERTIFICATE
This is to certify that Mrs. RENU SHARMA, a student of LL.M. (4
th
Semester)
Reg. No: 21GTLP76
, Session 2021-2023 has completed his dissertation
“
Government Funding to Religious Institutions in India: A Constitutional
Analysis
” under my supervision and guidance. This work meets the requirement laid
down by Kurukshetra University, Kurukshetra for awarding the Degree of Master of
Laws (LL.M.).
SUPERVISOR & GUIDE
Mr. Nikhil Shah
Assistant Professor
Geeta Institute of Law, Panipat
DECLARATION
I, “
RENU SHARMA” a student of LL.M of Geeta Institute of Law, Panipat with
“
Reg. No: 21GTLP76” do hereby declare that this dissertation is an original work
of mine and is result of my own intellectual efforts. I have quoted titles of all
original sources i.e., original documents and names of authors whose work has
helped me in drafting the dissertation have been placed at appropriate places. I have
tried my best not to infringe copy rights of any other author. It is also further
certified that it has not been submitted either in part or in full anywhere else
for any purpose academic or otherwise.
Place:
RENU SHARMA
Date: LL.M
(4
th
Sem)
Roll No. 120024601
ACKNOWLEDGEMENT
I am very grateful to all the people, who gave me their humble and great support to
develop this legal research writing on the subject, “GOVERNMENT FUNDING
TO RELIGIOUS INSTITUTIONS IN INDIA: A CONSTITUTIONAL
ANALYSIS” which not only enhanced my knowledge & senses to perceive
different things but also gave an opportunity to research on a topic which is so
gravely in the lime light and the cause of wild fire in the mind of various legal
luminary as they are in the dire need to enact a mechanism for the appointment of
judges which is free from all ambiguities.
I am heartily thankful to my supervisor, Mr. Nikhil Shah (Assistant Professor)
whose encouragement, guidance and support kept me highly motivated from the
initial to final steps towards completing this legal research writing and enabled me
to develop a better sympathetic towards the comparative analysis in context to the
constitutional law.
Lastly, I would like to offer my heartiest regards to all those who incidentally or co-
incidentally supported me in any respect during the completion of the legal research
writing.
RENU SHARMA
LL.M. (4
th
Sem)
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PREFACE
India has a unique constitutional framework that recognizes and protects
the religious diversity of its citizens. Article 25 of the Indian Constitution grants
citizens the right to freely profess, practice and propagate their religion. This means
that citizens have the freedom to follow the religion of their choice and the state
cannot discriminate against any religion. However, this freedom is not absolute, and
the state can regulate religious practices for reasons of public order, morality, and
health. Moreover, the Indian government has been providing financial assistance to
religious institutions of various faiths for decades. This funding has been a source
of controversy, with some arguing that it violates the principles of secularism and
non- discrimination enshrined in the Constitution. The government provides funds
to religious institutions for a variety of reasons, including for the upkeep of
historical monuments, for the promotion of cultural and educational activities, and
for the welfare of disadvantaged communities. However, the allocation of funds to
religious institutions has been criticized for being discriminatory, with certain
religious communities receiving more funding than others. In addition, the issue of government funding to religious institutions has been
linked to the wider debate on the separation of religion and state in India.
Proponents of secularism argue that the government should not provide funds to
any religious institution, while others argue that such funding is necessary to
promote the welfare of all citizens, including religious minorities. This research
will examine the constitutional framework governing government funding to
religious institutions in India, with a focus on the principles of secularism, non-
discrimination, and religious freedom enshrined in the Indian Constitution. The
research will also analyze the practical implications of government funding to
religious institutions and assess whether such funding is consistent with
constitutional values. This paper presents a comprehensive constitutional analysis
of the government funding of religious institutions in India. The study examines the
historical background of the Indian Constitution, its key provisions relating to
secularism, and the role of the state in religious affairs. It then analyzes the legality
and constitutionality of government funding to religious institutions under the
Indian Constitution, including the provisions related to equality, non-
discrimination, and the freedom of religion. The research also explores the various
judicial decisions and legislative acts relevant to the topic and provides a critical
analysis of the current state of government funding to religious institutions in India.
The paper concludes by offering recommendations for policymakers and the
judiciary to ensure that government funding to religious institutions is consistent
with the constitutional values of secularism, equality, and non-discrimination.
n the vibrant and diverse landscape of India, where multiple religions coexist, the
relationship between the state and religious institutions has always been a subject of
intricate discussions and legal scrutiny. This book, "Government Funding to
Religious Institutions in India: A Constitutional Analysis," delves into the nuanced
and often complex interplay between government funding and religious institutions
within the framework of the Indian Constitution.
The objective of this work is to provide a comprehensive analysis of the
constitutional provisions, legal precedents, and contemporary practices surrounding
state funding to religious bodies. Given India's secular fabric, the question of
whether government funding to religious institutions aligns with the constitutional
principle of secularism forms the core of our exploration.
We begin by examining the historical context of religious funding in India, tracing
its roots to the colonial era and its evolution post-independence. The book
methodically analyses the relevant constitutional provisions, notably Articles 25 to
30, which deal with religious freedom and the rights of religious and linguistic
minorities. Through this lens, the analysis extends to the interpretation and
application of these provisions by the Indian judiciary in landmark cases.
Furthermore, the book discusses the practical aspects of government funding to
religious institutions, including the criteria for such funding, its distribution, and the
accountability mechanisms in place. The study also contrasts the Indian scenario
with international practices, offering a global perspective on state-religion financial
relationships.
It is imperative to understand that this analysis is conducted against the backdrop of
India's pluralistic society, where religion plays a significant role in the social,
cultural, and political spheres. Thus, this book is not merely a legal analysis but
also an exploration of the sociopolitical dimensions of government funding to
religious institutions in India. The primary objective of this treatise is to dissect and
analyze the constitutional provisions and judicial interpretations regarding state
funding to religious bodies within the secular ethos of the Indian Constitution. It
aims to unravel the complexities and legal nuances of state engagement in religious
funding, a subject that sits at the confluence of public policy, law, and religion.
This analysis begins with a historical overview, tracing the genesis and evolution of
government involvement in religious funding from pre-independence India to the
present day. It brings into focus the constitutional underpinnings, particularly
Articles 25 to 30, which encapsulate the essence of religious freedom and the rights
of minorities. The book scrutinizes how these constitutional mandates have been
interpreted by the Indian judiciary, particularly in landmark cases that have shaped
the legal landscape of religious funding.
Utilizing a multidisciplinary approach, this book meticulously combines legal
analysis with insights from political science, sociology, and history. It examines
various case studies and government policies, providing a comprehensive view of
the mechanisms and criteria for state funding to religious institutions. The study
delves into the accountability structures and regulatory frameworks overseeing such
funding, critically evaluating their effectiveness and alignment with constitutional
principles.
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The book also ventures into a comparative analysis, juxtaposing the Indian
experience with global practices. This comparative perspective not only enriches
the understanding of the subject but also situates the Indian context within a
broader international framework.
Contents
CHAPTER
1.
INTRODUCTION:
......................................................................................
4
1.1.
BACKGROUND
.....................................................................................................
6
1.1.1.
HISTORICAL
BACKGROUND
.....................................................................
6
1.1.2.
AIDS
EXEMPTED
TO
TAX
...........................................................................
9
1.1.3.
EDUCATION
SCHEMES
FOR
RELIGIOUS
MINORITIES
.......................
10
1.2.
REVIEW
OF
LITERATURE
..............................................................................
12
1.3.
OBJECTIVE
OF
THE STUDY
...........................................................................
15
1.4.
HYPOTHESIS
.......................................................................................................
16
1.5.
RESEARCH
METHODOLOGY
........................................................................
16
1.5.1.
RESEARCH
METHOD
AND
DESIGN
.............................................................
17
1.5.2.
RESEARCH
APPROACH
.............................................................................
17
1.5.3.
DATA
COLLECTION
METHOD
..................................................................
17
1.5.4.
DATA
ANALYSIS
..........................................................................................
18
1.6.
RESEARCH
QUESTIONS
.................................................................................
18
1.7.
PROBLEM
OUTCOME
.....................................................................................
18
CHAPTER
2.
HISTORICAL
BACKGROUND
OF RELIGIOUS INSTITUTIONS:
.....
20
2.1.
ESTABLISHMENT
OF
RELIGIOUS
INSTITUTIONS
..................................
20
2.2.
ROLE
OF RELIGIOUS
INSTITUTIONS IN SOCIETY
................................
22
2.3.
RELIGIOUS
CONFLICT
AND WARS:
............................................................
26
2.4.
RELIGIOUS FREEDOM:
...................................................................................
30
2.5.
INTERFAITH
RELATIONS:
..............................................................................
33
2.6.
EVOLUTION
OF
RELIGIOUS
INSTITUTIONS:
...........................................
35
2.7.
THE
CHALLENGES
FACED
BY
RELIGIOUS
MINORITIES
IN
A
MAJORITY-DOMINATED SOCIETY
.............................................................
37
2.7.1.
DISCRIMINATION
AND PREJUDICE
AGAINST
RELIGIOUS
MINORITIES
.
......................................................................................................................................
41
2.7.2.
THE IMPACT OF ANTI-MINORITY RHETORIC ON SOCIAL COHESION
AND
COMMUNITY
RELATIONS
..............................................................................
44
2.7.3.
THE
STRUGGLE
FOR
RELIGIOUS FREEDOM
AND
HUMAN RIGHTS
...
47
2.7.4.
THE
ROLE
OF
THE
STATE
IN
PROTECTING
THE
RIGHTS
OF
RELIGIOUS
MINORITIES
...........................................................................................
50
2.7.5.
INTERFAITH
DIALOGUE
AND
COOPERATION
AS
A
MEANS
OF
PROMOTING
RELIGIOUS
HARMONY
....................................................................
52
2.7.6.
THE
EXPERIENCES
OF
SPECIFIC
R E L I G I O U S M I N O R I T Y
COMMUNITIES,
SUCH
AS MUSLIMS,
JEWS, SIKHS,
................
54
Muslims
..........................................................................................................................
55
Jews
................................................................................................................................
59
Sikhs
...............................................................................................................................
60
4.8.
THE INTERSECTION OF RELIGION AND OTHER FORMS OF
MINORITY IDENTITY, SUCH AS RACE, GENDER, OR SEXUAL
ORIENTATION
....................................................
4.9.
THE IMPACT OF GLOBALIZATION ON RELIGIOUS MINORITY
COMMUNITIES
...................................................
CHAPTER
3.
GOVERNMENT AIDS
TO
RELIGIOUS GROUPS
................................
62
3.1.
INDIAN
CONSTITUTION
SAY
ABOUT
RELIGIOUS MINORITIES
.........
63
3.2.
VARIOUS
GOVERNMENT
AIDS
PROVIDED
FOR PILGRIMAGE
................
64
3.3.
DIFFERENT GOVERNMENT SCHEMES TO AID EDUCATION IN
MINORITIES
.......................................................................................................
65
CHAPTER
4.
ARTICLES STATING ABOUT
RELIGIOUS MINORITIES
..................
67
CHAPTER
5.
MAIN
SUBSIDIES INDIA
PROVIDES TO
RELIGIOUS GROUPS
.....
76
CHAPTER
6.
AIDS
EXEMPTED
TO TAX
....................................................................
86
CHAPTER
7.
EDUCATION
SCHEMES FOR
RELIGIOUS MINORITIES
..................
89
CHAPTER
8.
CONCLUSION
& SUGGESTIONS:
......................................................
102
BIBLIOGRAPHY
........................................................................................................
136
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CHAPTER 1.
INTRODUCTION:
Even though India is home to people who adhere to a dizzying array of religious tenets,
cultural traditions, language groups, and ethnicities, the nation as a whole is dedicated to
maintaining its integrity and fostering communal peace and understanding. Both India's
singular approach to the idea of secularism and the constitutional requirement to preserve and
enhance the rights of all minority populations are factors that contribute to the nation's
expanding social diversity
1
. The preamble of India's Constitution makes it quite clear that the
government supports secularism. Every member of a minority group in the nation is assured
of at least the most fundamental safeguards. The government of India contributes financial
resources to nonprofit organizations that provide relief in other countries. Some examples of
these organizations are the Prime Minister's Armenia Earthquake Relief Fund and the Africa
(Public Contributions - India) Fund. According to Section80G of the Income Tax Act, a
contributor can lower the amount of their taxable income by the amount of their donation
5
. 1.1.
BACKGROUND
Certain elements of the population that make up the majority may believe that using
public funds to support religious gatherings and organizations serving religious minorities is
immoral and in direct opposition to the country's efforts to achieve its secular aims. Despite
the efforts of the government to eliminate a large number of obsolete methods of financing to
concentrate on the expansion of the nation as a whole, there are still a great number of
government schemes and programmes that are discriminatory toward residents. These
programmes and schemes lead to tensions within communities
6
.
Recent decisions by the Supreme Court have provided more support for the proposition
that an individual's religious views are the result of that person's unique relationship with
God. Secularistscontend that the government should stay out of religious affairs and that tax
dollars should be used more wisely by other institutions, such as public schools and hospitals,
rather than supporting churches and other religious organisations. They also argue that the
government should not provide financial support to religious organizations. Those who feel
the state should provide financial support to religious organisations, on the other hand,
underline the need of showing respect for the rituals of other religions. They are certain that
the administration will be able to meet the requirements of the pilgrims
7
.
1
Parker-Jenkins, M., Hartas, D., & Irving, B. A. (2019). In good faith: Schools, religion and public funding
.Routledge.
1.1.1.
HISTORICAL BACKGROUND GOVERNMENT AIDS TO RELIGIOUS GROUPS
India is the second most populous country in the world, behind only China, despite
having one of the most religiously diverse populations in the world. Its population is slightly
over 1.2 billion, making it the world's second most populous nation. It is estimated that
around 80 percent of the population adheres to Hinduism, making it the predominant religion.
Islam is the second biggest religion in India, after Hinduism, with 13% of the
population, behind only the Christian community (2.3% of the population), the Sikh
community (1.9% of the population), the Buddhist community (0.8%), and the Jains (0.4%)
8
.
Since India gained its independence in August 1947, the nation has been home to individuals
who practice each of these religions, and sometimes violent conflicts have erupted between
them. Starting with its Preamble, the Constitution of India declares that India is a secular and
atheist state, one in which no religion is given sanction or favor by the government.
The term "secular" was added to the preamble of the Constitution as part of the 42nd
Amendment in 1976. Religions other than Hinduism, such as Islam, Christianity, Sikhs,
Parsis, Buddhism, and Jainism, are regarded to be minorities in nations like India, which have
a population that is mostly Hindu. Countries like India also have populations who are
predominantly Sikh9. Despite the fact that the Indian Constitution has provisions that
safeguard the fundamental rights of minorities, the word "minorities" is not defined anywhere
in the document.
The decision that was handed down by the Supreme Court in the case of TMA Pai
Foundation and Others vs. State of Karnataka and Others10 states that the size of a minority
(whether linguistic religious) can be determined with respect to the population of a single
state rather than the average population of the entire country.
6
ŞENER, O. FINANCING RELIGIOUS SERVICES IN THEORY AND PRACTICE.
7
Greenberg, A. (2021). Doing whose work? Faith-based organizations and government partnerships. In Who Will Provide? (pp. 178-197). Routledge
8
Bird, M. F. (2022). Religious Freedom in a Secular Age: A Christian Case for Liberty, Equality, and Secular Government
. Zondervan.
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There will be no evidence of prejudice on the part of the government. These two
articles were included in order to make it abundantly apparent that India is a secular republic
and to safeguard not only all faiths practiced inside the nation but also religious minorities in
particular. According to Article 28 of the Constitution, no publicly-run or publicly-funded
school in the United States may force its students to participate in religious teaching or
worship against their will
13
. The preservation of the rights of minorities is guaranteed under
Article 29. Residents in Indian territory are afforded the protection of Article, which grants
them the right to freely use and practice their indigenous language and script, as well as the
cultural traditions of their ancestors.
According to paragraph two, no student may be turned away from a school that is
publicly financed owing to the kid's native language, script, or cultural background
14
.
According to Article 30, minorities are given the right to establish and run educational
institutions of their own choosing without interference from the government. In this article's
second paragraph, it is made very apparent that the government cannot provide more money
to a certain set of individuals only on the basis of their membership in a particular religion or
their command of a particular language. The Supreme Court ruled in the case of Ravneet
Kaur vs. Christian Medical College
15
that a privately funded college cannot use religious
affiliation as a factor in admissions decisions. The Supreme Court ruled in Managing Board
of the Milli Takumi Mission Bihar & OR’s. vs. State of Bihar & Ors.
\16
that the right to
establish a minority institution is a constitutionally protected right, and that the failure of a
statutory authority to grant affiliation or recognition without just cause would violate this
right.
MAIN SUBSIDIES INDIA PROVIDES TO RELIGIOUS GROUPS
THE HAJ SUBSIDY
In addition to providing a domestic exemption, the Indian government is required under
the Haj Committee Act of 1959 to subsidize the expenses of travel for Indian Haj Pilgrims.
This is in addition to providing the domestic exemption. These contributions were produced
during the period of time when the British were in control of India. Everyone's airfare from
Mumbai to Jeddah is paid for by the government in the form of drastically discounted tickets
on Air India aircraft. During the previous century, the governments of Iraq, Saudi Arabia,
13
Enoree. (2022). Indian Constitution and the Anecdote of Secularism in India. Supremo Amicus
, 28
, 256.
14
David, S., & Dandge, S. MINORITIES RIGHTS UNDER ARTICLE 29 & ARTICLE 30 (1) OF THE CONSTITUTION OF INDIA: AN ANALYSIS
15
AIR 1998 P H 1, (1997) 116 PLR 320
16
1984 AIR 1757, 1985 SCR (1) 410
Syria, Iran, and Jordan all provided financial support to encourage tourism in their own
countries
2017
. Only Muslim adults who are self-sufficiently rich, intelligent, and mature
should even contemplate it
18
.
HINDU SUBSIDIES
The four Kumbh Melas are the most prominent examples of the government's funding
for Hindu religious festivities; each year, the government spends more than one thousand
crores on supporting these events. For the Ujjain Kumbh in 2016, the state government of
Uttar Pradesh donated Rs. 3,400 crore. It has been stated by the government of Uttar Pradesh,
which is now led by Yogi Adityanath, that they would spend around Rs. 2500 crore on the
2019 Ardhi Kumbh mela
19
.
1.1.2.
AIDS EXEMPTED TO TAX
In accordance with a legislation that went into effect in 1961, charitable and religious
organizations in India are exempt from paying income tax. There is a yearly distribution
quota that must be met, and it must be equal to at least 85 percent of the trust's revenues from
religious endeavors (including the trust's purpose). Donors are eligible for a tax credit for
their financial donations, as outlined in Section 80G of the Income Tax Act. The Tirumala
Tirupati Devasthanam’s Temple is only one example of a religious organization that has a
variety of opinions about the application of this rule
20
. In 2008, the Tirupati Urban
Development Authority(TUDA) and the Tirupati Municipal Corporation filed a claim against
the temple's management for a total of five crores in delinquent taxes. (TMC). According to
reports in the media, not only has this contributed to an escalation of hostilities between the
TUDA and the TTD, but it has also impeded attempts to enhance the city of Tirupati, the
economy of which is primarily reliant on thetemple
21
. However, the board insisted that the
temple's tax-exempt status should be preserved in accordance with the provisions of the
Income Tax Act of 1961 since the temple is such an important religious organization. It is
said that the contributions made by millions of devotees located in different parts of the
world have been the only thing
17
Jefferson, C. (2018). 9. Indian Secularism and Its Challenges. In Forms of Pluralism and Democratic Constitutionalism (pp. 213-233). Columbia University Press
18
Kumaraswamy, P. R., & Quamar, M. (2019). Islamic Dimension. In India's Saudi Policy (pp. 53-81). Palgrave Macmillan, Singapore
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that has allowed the TTD to continue existing for so long. Without the kind donations made
by tourists and members of the surrounding community, the guesthouses and mutts in
Tirumala would not be able to function. In what ways does the TUDA justify the use of our
hard-earned money? During the last twenty years, hardly a single government entity has
made the improvement of Tirupati a top priority
22
.
According to the rules of the Tax Act of 1961, trusts that are established for the sake of
religion or charity are exempt from taxation. The Indian Income Tax Act, Section 11,
exempts from taxation the revenue of trusts to the extent that the income is utilized for
religious purposes.
According to Section 12, some types of taxes cannot be applied to the income of
religious trusts. Additionally, the financial viability of a number of academic institutions is
protected under Section 10. (23C)
23
.
According to Article 27 of the Constitution of India, no Indian person may be
compelled to pay tax if the revenue from such tax would be used to finance activities that
advocate or promote a particular religion.
1.1.3.
EDUCATION SCHEMES FOR RELIGIOUS MINORITIES
In a notification issued in 1993, the Central Government referred to some religious
sects as "minorities
26
." Those who followed this religion comprised people of many religious
backgrounds, including Christians, Sikhs, Buddhists, and Parsis. Additionally, formal
recognition as a minority group was granted to the Jain people in the year 2014. However, the
Union Government has not provided any specifics about the criteria that it uses to decide
whether groups deserve the status of minority. If not, the method would be in breach of
Article 14 for being arbitrary, which would mean that the decision of this status and the rights
it gives would not be based on objective grounds. To be more explicit, the Supreme Court has
declared that the state, and not the nation, would be the unit for decision making for minority
groups, rather than the country itself.
Through the establishment of reserves, both the federal government and the states and
UTs have made it possible to provide particular safeguards to faiths that seem to be
underrepresented in the population
27
. These official declarations demonstrate that Other
Backward Classes were given 27% of all postings between the years 1993 and 2014, while
"other minorities" were given 4.50%of those posts.
A number of government-sponsored programs offer assistance to educational
institutions serving minority populations as well as the education of members of religious
minorities who attend publicly funded educational institutions. This assistance extends all
the way up to and including professional training and mentoring. The Maulana Azad
National Fellowship, the Central Sponsored Scheme for Providing Quality Education in
Madrasas, and the Scheme for Infrastructure Development in Minority Institutions are among
of the programs that fall underthis category
28
. Students from underrepresented groups in India
are eligible for a variety of grants, scholarships, and other forms of financial assistance. In
addition to the Padro Pardes Scheme,there are others such as the Naya Savera: Free Coaching
and Allied Scheme for Minority Students/Candidates and the Nai Udaan: Scheme for Support
for Minority Students clearing Prelims. These schemes are offered by the Union Public
Service Commission (UPSC), the Staff selection Commission (SSC), and the State Public
Service Commissions. The Padro PardesScheme is a government-funded program that helps
students from underrepresented minorities succeed in (SPSCs). In addition, we have
organizations
such
as
the
National
Commission
for Minorities
and the Maulana
Azad
26
INDIA, C. O. CONSTITUTIONAL PROVISIONS.
27
Constitution, I., Pradesh-Gram, U., Pran, C., Abhiyan, T. S., Mehrotra, S., Chakravarty, P., & Deshpande, P. Governance and Development.
28
Agrawal, P. K., & Gupta, V. (2022). The Constitution of India Bare Act. Prabhat Prakash an.
Education Foundation, both of which receive funding in the millions of rupees to advance
the social, cultural, and academic interests of India's minority groups. These organizations
are tasked with advancing the interests of India's minority groups
29
. According to the Annual
Report of the Ministry of Minority Affairs for 2018-2019, the total amount that may be spent
on these programs and the Foundation for the remainder of the 14thFinance Commission's
mandate (2017-18 to 2019-20) is approximately Rs. 3296.95 crores. This information was
derived from the Ministry's budget for 2018-2019. Ved Paths Halas were awardeda total of
Rs.
35.77 crores in the form of grants-in-aid from the Ministry of Human Resource Development
in the years 2017 and 2018
30
.
1.2.
REVIEW OF LITERATURE
Vaishnav, M. (2019). The BJP in power: Indian democracy and religious
nationalism. Washington, DC: Carnegie Endowment for International Peace. Retrieved
from https://carnegieendowment. org/files/BJP_In_Power_final. pdf accessed June
, 18
,
2020.
There has been a growth in the number of religiously driven political organizations in
many countries. India is a significant example due to the size of the nation as well as its
lengthy democratic tradition. The Indian subcontinent has a long history of religious and state
relations that intersect with one another. In the midst of the tragedy that was the Partition and
in the wake of India's independence, the founders of India made the decision to commit the
polity to a theory of secularism that was unique from the Western ideas that were prevalent
during that time. There is no strict need for a wall of separation between religion and state
under the Constitution of India
31
.
Baber, H., & Zaruova, C. (2018). Religion and banking: A study of Islamic finance
in India. The Journal of Industrial Distribution & Business, 9(6), 7-13.
It is general known that the vast majority of financial institutions get their revenue and
ability to remain in business from the interest they collect on loans from borrowers, who then
go
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on to return the principal amount of the loan plus the accrued interest. Islamic Bank is
operated in a totally different manner as compared to other types of banks, such as traditional
banks. The principles of morality and ethics that underpin Islamic Banking are derived from
the teachings of Islam as outlined in the Qur'an and Sharia law. As a result, Islamic Banking
is not only banking that prohibits interest (riba), but it is also a philosophy that demonstrates
how ethics and economics may be integrated together to direct society toward a larger good.
32
"
Irfan, M. (2020). A meta-analysis of Islamic microfinance: Case based evidence
from India. Journal of Islamic Monetary Economics and Finance, 6(1), 21-50.
This study examines whether Islamic microfinance has helped the Indian economy and
society. Traditional microfinance has been successful in India, but it cannot satisfy all Muslim
clients. Islamic microfinance (IMF) works in Muslim countries, albeit without much data.
Our meta-analysis categorized the known research into seven categories: social good,
religious values, commercial activities, poverty reduction, sustainable development, rural
development, and economic growth. During the last several years, the quantity of research
papers used to compile the literature review and the quality of newly uncovered data
concerning Islamic microfinance in India have increased. This increased overall.
33
.
"Government Aid to Religious Institutions ." Encyclopedia of the American
Constitution. .
Retrieved
October
19,
2022
from
Encyclopedia.com: https://www.encyclopedia.com/politics/encyclopedias-almanacs-
transcripts-and-
maps/government-aid-religious-institutions
The most contentious government support is cash subsidies to religious organizations.
The first amendment prohibits legislation "regarding an establishment of religion," which
such aid would be. Because of the obvious religious aspect of building or maintaining a
church, the funding is usually illegal. The majority's decision and Justice Wiley Rutledge's
dissent in Everson v. Board of Education show that the establishment clause sought to outlaw
such gifts (1947). If the monies are utilized for secular purposes, such as sustaining hospitals
or feeding pupils at church-related institutions (called parochial schools), they are typically
regarded lawful. Secular goals are compatible with the First Amendment.
34
.
32
Baber, H., & Zaruova, C. (2018). Religion and banking: A study of Islamic finance in India. The Journal of Industrial Distribution & Business, 9(6), 7-13
33
Irfan, M. (2020). A meta-analysis of Islamic microfinance: Case based evidence from India. Journal of Islamic Monetary Economics and Finance, 6(1), 21-50
34
Government Aid to Religious Institutions ." Encyclopedia of the American Constitution. . Retrieved October
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LEXPEEPS, (2022). Government Control over Religious and Charitable
Endowments.
https://lexpeeps.in/government-control-over-religious-and-charitable-
endowments/
Even though the Indian Constitution prohibits religious trusts from favoring one
religion over another, religious intolerance remains a major issue in India. The British and
Nehru governments' mistakes must be corrected. Hindu trusts should be protected legally like
Muslim and Christian trusts. As the Trust is a real organization, its acts may be legal. Even if
your money or other gifts to a deity make you adore them, you should still respect them. As
no one can give up gold, the gold standard and monetization are a sham. Articles 25 and 26 of
the Indian Constitution prohibit the destruction of religious buildings. Nonetheless, the
Constitution states that no one may restrict another's ability to practice their faith.
35
Dr. Rakesh Kr. Singh, (2022). Indian Secularism And Subsidy For Religious Populism.
Constitutional Lawyers
in
India. Lucknow
University. https://www.legalserviceindia.com/article/l173-Indian-Secularism-And-Subsidy-For-
Religious-Populism.html
The Constitution prohibits public monies from promoting or protecting any religion or
religious organization. It's necessary to keep India's political system secular. Article 27
prohibits taxation that funds a religion. Articles 14, 15, and 17 of the Constitution go farther
to provide equal rights and protections for all Indian citizens. These Articles forbid
government favoritism of any religion.
The government monitors religious trusts, thus the rules that govern this sector
frequently require the trusts to pay a charge or tax to the government for this protection. A
state cannot charge its inhabitants this form of tax since neither List II nor List III allows it.
Only the legislature may levy this tax. Only item 47 of List III allows states to tax religious
organizations that accept contributions.
36
.
Kiruthika
dhanapal,
(2022).
Constitutional
Validity
of
the
Hindu
Religious
and
19, 2022 from Encyclopedia.com: https://www.encyclopedia.com/politics/encyclopedias-almanacs-transcripts-
andmaps/government-aid-religious-institutions
.
35
LEXPEEPS, (2022). Government Control over Religious and Charitable Endowments.
https://lexpeeps.in/government-control-over-religious-and-charitable-endowments/
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36
Dr. Rakesh Kr. Singh, (2022). Indian Secularism And Subsidy For Religious Populism. Constitutional Lawyers in India. Lucknow University. https://
www.legalserviceindia.com/article/l173-Indian-Secularism-And-
Subsidy-ForReligious-Populism.html
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Charitable
Endowment
Act, http://www.legalservicesindia.com/article/1687/Constitutional-Validity-of-the-Hindu-
Religious-and-Charitable-Endowment-Act.html
The Indian state parliament passed the 1925 Madras Hindu Religious Properties Act
(Act I) to improve religious endowment administration. First-of-its-kind. The Act divided
temples into excepted and non-excepted to better regulate religious groups. The Act's
legitimacy was questioned almost immediately since it was not properly passed. Act II of
1927 amended the 1925 Madras Hindu Religious Endowments Act. This law has undergone
several modifications. The following changes are irrelevant now. By 1946, the Act had been
revised eleven times, starting in 1928 (with Act I), continuing through 1929 (with Act V),
1930 (with Act IV), 1931 (with Act XI), 1934 (with Act XI), 1935 (with Act XII), 1938 (with
Act XX), 1939 (with Act XXII), 1944 (with Act V), and 1946. (Act X). Act XII of 1935
enabled a major change. Chapter VI-A allows the Board to issue notifications to temples for
reasons it determines. The government was unhappy with the Board's jurisdiction. This
helped the Board enforce its power. The Board's ability to regulate temples before
independence was clearly planned. For transparency, the government's reprehensible
participation was confined to Hindu organizations.
37
1.3.
OBJECTIVE OF THE STUDY
I.
To evaluate the financial privileges provided to the religious minorities
in India.
II.
To study various financial schemes initiated by Indian government for the Religious minority.
III.
To discuss upon financial executions made towards different religious organizations inIndia.
IV.
To analyses
government
endowments
pronounced for
religious minorities in India.
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37
Kiruthika dhanapal, (2022). Constitutional Validity of the Hindu Religious and Charitable Endowment Act,
http://www.legalservicesindia.com/article/1687/Constitutional-Validity-of-the-Hindu-Religious-and-
CharitableEndowment-Act.html
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1.4.
HYPOTHESIS
Hypothesis 1: Government funding to religious institutions in India is a violation of the
principle of secularism enshrined in the Constitution of India.
Hypothesis 2: Government funding to religious institutions in India can help promote
social and cultural harmony among different religious communities.
Hypothesis 3: Government funding to religious institutions in India can lead to
corruption and misuse of public funds, particularly in cases where there is lack of
transparency and accountability in the allocation and utilization of funds.
Hypothesis 4: Government funding to religious institutions in India can help promote
the preservation and restoration of historical and cultural heritage sites associated with
different religions.
Hypothesis 5: Government funding to religious institutions in India can lead to
discrimination against minority religions and undermine the principle of equality enshrined in
the Constitution of India.
1.5.
RESEARCH METHODOLOGY
In this article, the approach that was utilized to assemble pertinent information for the
investigation of government support for religious organizations in India is dissected in depth.
In the paragraphs that follow, we will examine the instruments and procedures that will be
used in order to carry out this study successfully. The chapter on the research methodology
digs further into the several investigation tactics and sample methodologies that were used in
the study. This allows for consideration to be given to the research strategy as well as the
research's dependability
38
. This piece of work was put together by using a mix of primary and
secondary sources of information. The researchers used self-assessment questionnaires and
sample survey methodologies to obtain data from a statistically valid subset of the
population. This data was then integrated with data from other sources in order to answer the
study questions and test the hypotheses.
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38
Mahajan, H. K. (2018). Qualitative research methodology in social sciences and related subjects. Journal of economic development, environment and people, 7(1), 23-48.
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1.5.1. RESEARCH METHOD AND DESIGN
In order to clarify how the research design will be carried out to address the study goal
and draw conclusions about the research questions or concerns, the research technique digs
into the theoretical viewpoint of past research results
39
. This technique makes use of an
innovative approach to analysis in order to produce an innovative notion, which is then used
in the process of finding linkages between theoretical and statistical challenges.
In order to properly prepare for this study, qualitative research techniques are
recommended because they provide a more in-depth exploration of the theoretical
components and an evaluation of the numerous facets of the research issue
40
.
Descriptive research methodologies are being used to carry out this assessment, we are
certain that it is being carried out in the correct manner. Because of this strategy, the research
will be able to arrange the facts or primary data in a meaningful way, which will help in
drawing conclusions in a way that is outcome-oriented, hence improving the possibility that
the study's goals will be accomplished
41
.
1.5.2.
RESEARCH APPROACH
This study combines inductive and deductive methods to investigate the hypothesis
theory in a hybrid pattern of generalisation and test theory. This pattern explores the
hypothesis theory using both inductive and deductive methods. After the goals have been
inductively determined and collected, secondary data may be compared to the objectives to
determine how well the objectives are being fulfilled. In the process of searching for
recognizable patterns in the secondary data, it may be feasible to reconstruct the evolution of
novel study designs, research procedures, and other components of the research process
42
.
1.5.3.
DATA COLLECTION METHOD
Analysis of secondary data will be used to complete the research question and study in
line with the goals that were established in advance. Secondary data may originate from any
source, provided that information has previously been compiled and made public in another
39
Pandey, P., & Pandey, M. M. (2021). Research methodology tools and techniques. Bridge Center.
40
Rinjit, K. (2020). Research methodology
41
Mishra, S. B., & Alok, S. (2022). Handbook of research methodology
42
Dźwigoł, H., & Dźwigoł-Barosz, M. (2018). Scientific research methodology in management sciences. Financial and credit activity problems of theory and practice, 2(25), 424-437.
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location
43
. This includes academic journals, professional publications, and information that
may be accessed without cost online. Questionnaires and interviews conducted in person are
examples of primary sources.
1.5.4.
DATA ANALYSIS
In order to arrive at conclusions that are significant, the researcher must not only collect
data but also evaluate and examine it. The research questions that guided this study were
helpful in determining the topics that were chosen for investigation. The overall themes of
the research were developed with input from the study's three key purposes. The researcher
who conducted the qualitative study believes that this analysis is a suitable option for getting
to the appropriate conclusion and suggestions since it will look at and document the patterns
of themes
44
.
1.6.
RESEARCH QUESTIONS
I.
Why does the government provide grants to religious organizations in India?
II.
What are the privileges provided to the religious minorities in India?
III.
What are the various schemes initiated by Indian government for the religious
minority?
IV.
What are the financial executions made towards different religious organizations in
India?
V.
What is the government endowment pronounced for religious minorities in India?
1.7.
PROBLEM OUTCOME
To make sure the current regulations for financial executions are being followed without any slack.
To learn more about what motivates the authorities to carry out executions of religious organizations' major benefactors.
To investigate the roots of secularism and the problems that arise when funding is not allocated to certain areas.
43
Bairagi, V., & Munot, M. V. (Eds.). (2019). Research methodology: A practical and scientific approach. CRC Press.
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44
Patel, M., & Patel, N. (2019). Exploring Research Methodology. International Journal of Research and Review, 6(3), 48-55.
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CHAPTER 2.
HISTORICAL BACKGROUND
OF
RELIGIOUS INSTITUTIONS:
2.1.
ESTABLISHMENT OF RELIGIOUS INSTITUTIONS
Religious, cultural, and political diversity abound in India. The development of
religious institutions in India has been impacted by many facets of Indian law, culture, and
society.
Freedom of religion and the ability to exercise it are both protected under the Indian
Constitution. Article 25 guarantees individuals' rights to freedom of belief, speech, and press.
This safeguards individuals' and communities' rights to organize religiously as they see fit
45
.
Nonetheless, there are requirements that religious groups must follow in order to remain
in compliance with the law. Religious groups in India must register with the government in
order to be considered official institutions. Both the Trusts Act of 1882 and the Societies
Registration Act of 1860 govern the procedures for completing this registration. Religious
groups might choose to incorporate as either a society or a trust. Unlike trusts, which only
need two members for registration, societies require a minimum of seven. As is customary, an
application and accompanying documents must be submitted to the Registrar of Societies or
the Sub-Registrar of Trusts. When the application has been evaluated and approved, the
religious group will be issued a certificate of registration.
In India, there exist rules governing religious groups that have official status. For
instance, they must comply with all relevant tax requirements and maintain proper records.
Religious groups must also abide by local, state, and federal laws governing land use and
property ownership
46
. For India's religious groups, religious freedom is a top legislative
priority. While India is officially a secular republic, religious disputes have been a source of
tension throughout the country's history. The Indian Constitution guarantees the freedom of
religion and prohibits discrimination on the basis of a person's religious affiliation.
There have been instances, though, when religious groups have been singled out for
hatred. There have been claims of discrimination against people of other religions throughout
the church registration process. In addition, there has been an increase in vandalism and
45
Agarwal, A. (2019). Religious Minority Institutions and Government Funding in India. Economic and Political Weekly, 54(7), 21-24.
46
Chaturvedi, P. (2018). The Constitutional Conundrum of Government Funding to Religious Institutions in India. Indian Journal of Constitutional and Administrative Law, 2(1), 38-50.
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physical attacks on houses of worship.
There has been a lot of talk about how to regulate religious groups in India in recent
years. In 2014, the Indian government proposed legislation to regulate religious institutions,
including their funding and top officials
47
. Numerous faith-based groups voiced opposition to
the measure on the grounds that it would infringe upon their freedom of religion and personal
autonomy.
Creating a new religious group in India involves navigating a maze of legal, cultural,
and social requirements. The First Amendment guarantees people the freedom to establish
houses of worship, but doing so is subject to certain legal requirements and safety
regulations. As India progresses and changes, the establishment of religious institutions is
likely to continue being a divisive and controversial issue.
One consideration is the relationship between the state and various religious groups.
Although the First Amendment guarantees everyone the freedom to exercise their faith
without governmental interference, the state may nonetheless ban or restrict religious speech
if it sees fit. The state may outlaw some religious practices if they pose a danger to public
safety or morality, or if they incite violence or intolerance.
Moreover, a number of laws govern the management of religious institutions and the
use of church property. For example, under the Places of Worship (Special Provisions) Act of
1991, it is illegal to convert a religious structure for use by another religion
48
. Like the Wakf
Act of 1995, which governs the maintenance of Islamic religious property.
Another consideration is the role that caste and community have had in shaping
religious organizations. Several religious organizations in India have deep ties to certain
social groupings due to the widespread practice of caste. This might cause discrimination and
exclusion of some groups, notably those of lower socioeconomic status or of different ethnic
backgrounds.
India's religious institutions owe a debt of gratitude to the country's colonial heritage.
The British Raj imposed a number of regulations and prohibitions on religious groups that are
still in place today. For instance, the concept of a "public charity trust" is said to have
originated in Britain and is now often utilized to establish religious and philanthropic
institutions worldwide. One last point to make is that new religious groups and
organizations are always springing up in India, demonstrating that the evolution of
religious institutions in India is a
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47
Choudhary, S., & Kumar, R. (2018). A Study of Government Funding to Minority Educational Institutions in India. International Journal of Trend in Scientific Research and Development, 3(6), 8-10.
48
Dash, B. (2018). Saffronisation of Education: A Study of Government Funding to Minority Institutions in India. Economic and Political Weekly, 53(51), 18-21.
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continuous and ever evolving process
49
. The rise of religious nationalism and communalism
in recent years has contributed to a rise in religious tensions and conflicts.
In sum, the process of forming religious organizations in India is complex and
multifaceted, influenced by a wide range of legal, social, and cultural factors. The freedom of
religion is guaranteed under the First Amendment, but it may be difficult to put into effect
due to restrictions, fears of persecution, and other factors. As India progresses and changes,
debates about how to establish religious organizations are certain to continue
50
.
2.2.
ROLE OF RELIGIOUS INSTITUTIONS IN SOCIETY
As religion has always been an important part of Indian culture, religious institutions
play a pivotal role in modern-day society. Many religions, including as but not limited to
Hinduism, Islam, Christianity, Sikhism, Buddhism, and Jainism, have considerable
followings in the country. This study will concentrate on the roles played by religious
institutions in contemporary Indian society.
Moral and religious education
One of the primary roles of religious institutions in India is the spiritual and moral
education of its members. Religious leaders, such as gurus, priests, and maulvis, teach their
followers moral and ethical principles
51
. Many people turn to their churches or other houses
of worship for solace during times of distress.
Neighborly Aid
The role of religious groups in India's development is crucial. Outreach programs that
aid the underprivileged may be found in many houses of worship, including churches,
mosques, and others. In addition, many houses of worship provide educational opportunities,
both formally and informally, to the young in their communities.
Safeguarding Our Traditions
49
Duggal, R. (2018). State Funding of Religious Educational Institutions: An Indian Perspective. Religion & Education, 45(1), 16-32.
50
Gupta, R. (2018). Government Funding and Religious Minority Institutions in India: A Critical Appraisal. Journal of Indian Law and Society, 9(2), 121-140.
51
Hussain, M. (2018). A Study of Government Funding to Minority Educational Institutions in India. International Journal of Educational Science and Research, 8(1), 15-20.
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India's religious institutions play a significant role in preserving the country's heritage
as well. Many religious cultures place great importance on the creation and performance of
music, dance, and art
52
. Several religious institutions serve as keepers of cultural traditions,
working to guarantee that they are passed on to subsequent generations.
Change and fairness in society.
Religious groups in India have a long history of working for positive societal change.
Religious leaders have often been in the front of social justice movements, such as those
aimed at ending caste systems, empowering women, and protecting the environment.
Religious institutions have also played a role in reducing hostility across faiths by promoting
dialogue and tolerance.
Politico-Military Might
Religious groups in India have significant power in the country's government as well.
Many people seeking public office will make extraordinary efforts to win over religious
organizations and leaders
53
. There have been instances of prominent religious leaders openly
endorsing political candidates and parties that share their beliefs.
Nonetheless, the involvement of religious groups in Indian politics is something that
must not be forgotten. One sign of the rise of religious nationalism and communalism is the
rise of violence between different faith groups.
Issues and Controversies
Notwithstanding their importance, religious institutions in India are not exempt from
scrutiny and debate. India's religious institutions face a number of challenges, including
corruption and financial mismanagement. There have been several cases of religious leaders
misusing the funds they were entrusted with for personal benefit.
It has been alleged that certain religious communities promote discriminatory practices,
such as the segregation of women and those of lower socioeconomic status. As a result, many
individuals are insisting that religious institutions be more accommodating to new ideas and
perspectives
54
.
52
Jha, P. K. (2018). Government Funding to Religious Minorities: A Study of Constitutional Provisions and Policies in India. Indian Journal of Public Administration, 64(3), 402-422.
53
Kumar, G. (2018). State Funding of Religious Education in India: Constitutional and Policy Issues. Religion
& Education, 45(1), 33-46.
54
Mahapatra, B. (2018). Religious Minority Education and Government Funding in India: A Constitutional
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Relationships Among Faiths
Religious groups in India have always valued open communication and mutual aid.
India has a history of interfaith conflicts and bloodshed despite its great religious diversity.
Religious institutions have played a significant role in facilitating dialogue and mutual
respect amongst adherents of different faiths. They collaborate on initiatives that benefit
people and the planet.
Education
There have been significant contributions to India's educational system from the
religious sector. Students from different walks of life attend religiously affiliated universities,
colleges, and other institutions
55
. The excellent quality of education provided and the diverse
spectrum of notable people nurtured by these institutions have made significant contributions
to India's educational system.
Healthcare
Medical progress has also been achieved by India's religious community. Hospitals and
clinics run by religious organizations typically serve people of different backgrounds, beliefs,
and economic conditions. For people who, for financial reasons, cannot afford to take care of
their own health, organizations like these play a crucial role.
Preserving Nature's Quality of Life
Religious groups in India are also supportive of sustainable development and
environmental protection. The environmental conservation and sustainable living movements
are being spearheaded by several religious organizations. They promote the values of respect
for all life and responsible environmental management.
Helping Others
Religious groups in India are known for their generous acts. Religious organizations run
several shelters that provide care for the elderly, children, and homeless. They do more than
just help individuals in need once a natural catastrophe has struck
56
. These groups have been
Perspective. International Journal of Research in Social Sciences, 8(1), 32-43.
55
Mathur, C. (2018). Government Funding to Religious Minority Institutions in India: An Analysis. Journal of Law, Ethics and Governance, 6(2), 13-21.
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56
Mohan, B., & Bhavya. (2018). A Critical Appraisal of Government Funding to Minority Educational Institutions in India. Indian Journal of Comparative Constitutional Law and Administrative Law, 6(2), 50-60.
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instrumental in reducing suffering and enhancing the lives of the world's most vulnerable citizens.
Encouragement of Artistic Pursuits
Religion in India has played a significant role in fostering the country's rich cultural
heritage. They are the ones responsible for the continued success of folk music, dance, and
other forms of expression. The many religious festivals celebrated across India are wonderful
manifestations of the country's long and illustrious past. These events provide a platform for
artists of all stripes to share their wares and promote mutual appreciation across cultures via
the medium of performance
57
.
Politico-Military Might
In India, religious groups have had considerable influence on the country's politics.
Religious leaders and groups have swayed public opinion and affected voters' decisions. They
have also been instrumental in the organization and execution of protests against unjust or
discriminatory laws and practices.
Issues and Controversies
Although religious groups in India have contributed significantly to the country's
progress, they have also faced significant resistance and criticism. Several faiths have come
under fire for supposedly fomenting hatred and violence. Some religious institutions have
also been accused of being plagued by corruption and inept leadership. The public's interest
in the function of religious institutions and their accountability to the public has been called
into question as a consequence of these clashes and problems.
Religion plays an important role in Indian society for a number of reasons, including
providing spiritual and moral guidance, community support, preserving culture, promoting
social justice and reform, and exerting political influence. Given the challenges and scandals
that these institutions have encountered, there is a need for more transparency and
responsibility on the part of those in charge
58
. Notwithstanding India's increasing
57
Narayanan, V. K., & Harikrishnan, K. (2018). Government Funding to Religious Minority Institutions in India: A Study. International Journal of Pure and Applied Mathematics, 119(12), 1207-1215.
58
Bhattacharjee, M. (2020). State funding of Hindu temples, a constitutional debate. Economic & Political Weekly, 55(1), 20-23.
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modernization, the status of religion in contemporary society will remain a contentious issue.
2.3.
RELIGIOUS CONFLICT AND WARS:
India has been plagued by religiously motivated wars and conflicts for most of its
history. India is home to a wide variety of religions, including but not limited to Hinduism,
Islam, Christianity, Sikhism, and Buddhism. Despite India's famed religious diversity, the
country has had its fair share of conflicts stemming from religious intolerance.
Historical Context
Religious conflict has a long and storied history in India. Some of the worst conflicts in
Indian history took place between the Mughal Empire and the Rajput kingdoms in the 16th
and 17th centuries. Conflicts between the Hindu Rajputs and the Muslim Mughal monarchs
were sparked by political and ideological differences between the two groups.
European imperial powers' expansion into India in the 16th century exacerbated
existing religious tensions. During the eighteenth century, while the British East India
Company was in control of India, the nation was plagued by religious warfare
59
. The British
policy of "divide and rule," which sought to establish a gap between different communities,
exacerbated religious conflicts and military conflicts.
There was another important religious fight in Indian history between the Marathas and
the Mughals in the 18th century. In India, the ruling Mughal dynasty was challenged by the
Marathas, a warrior caste of Hindus. The Marathas instigated the wars because they saw the
Mughals as a political and religious inferior.
The Islamic political movement Khilafat emerged in India during World War I. The
movement's objective was to prevent the fall of the Ottoman Caliphate at the hands of the
Allies in World War II. Both Hindus and Muslims backed it, but it only served to heighten
existing religious tensions and disputes in Punjab.
In India, there has been a constant armed conflict known as the Naxalite-Maoist
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Chakraborty, T. (2019). State Funding of Religious Institutions in India: Constitutional Perspectives and the Rights of Citizens. International Journal of Legal Studies and Research, 6(2), 1-9.
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insurgency since the late 1960s. Political, economic, and social factors, such as the
marginalization of indigenous peoples and land disputes, as well as government policies, all
have a role in perpetuating the conflict
60
. Although not a religious conflict at its core, in
certain regions Hindu and Muslim communities have chosen sides in the battle.
The Kashmir conflict refers to the ongoing disagreement between India and Pakistan
over the disputed region of Jammu and Kashmir. India and Pakistan are at conflict with one
another not just because of their geographical proximity but also because they both claim
sovereignty over the region. As a direct result of the conflict, several wars have broken out
between the two countries, and religious tensions and disagreements have arisen in the
region.
Conflicts like this provide light on the nuanced and complex nature of the religious
differences that plague India. The political, economic, social, and religious strains that have
driven them have often had far-reaching consequences for the communities they have
affected
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.
Disputes and Wars Caused by Religion in Recent Years
Throughout the last several decades, India has been the site of many wars and religious
conflicts. The formation of Pakistan as a nation-state with a Muslim-majority made the 1947
Partition of India the most significant conflict of the modern period. Millions of people
perished in the chaos and violence that followed the breakup.
The 1992 demolition of the Babri Mosque is another prominent illustration of religious
strife in India. In the city of Ayodhya in the Indian state of Uttar Pradesh stands the Babri
Masjid, a mosque built by the Mughal Emperor Babur. In 1992, a group of Hindu nationalists
destroyed the mosque, claiming it was built on top of holy ground for Hindus. As a result of
the subsequent riots and bloodshed, thousands of lives were lost.
The riots in the Indian state of Gujarat in 2002 were another example of religious
conflict in India. At Godhra, Gujarat, 59 people were killed in riots that erupted after a train
carrying.
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Das, S. (2019). Constitutional Debates and State Funding of Religious Institutions in India. Journal of Humanities and Social Science Research, 2(3), 1-7.
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61
Gupta, A. (2019). Constitutional challenges to government funding of religious institutions in India. Indian Journal of Law and Society, 10(2), 115-129.
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Hindu pilgrims was set on fire
62
. In the ensuing riots, an estimated one thousand people perished, most of them Muslims.
The Origins of Violent Religion
There are a number of factors behind India's wars and religious conflicts. Exclusion
from political and economic life is a key factor. Groups who are marginalized politically are
more inclined to resort to violence. Religion serves as a uniting factor for those who are
oppressed.
The growth of violent extremism might be aided by the perception of challenges to
religious or cultural identities. When religious groups believe their beliefs or way of life is
being threatened, they may resort to violence. Fear of "the other" is used by religious and
political leaders alike to galvanize their followers into action
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.
Millions of Hindus, Muslims, and Sikhs were uprooted from their homes and compelled
to seek safety in neighboring countries as a result of the Partition of India in 1947, resulting
in one of the largest migrations in human history. Anger between Hindus and Muslims led to
the Partition, which resulted in the deaths of many people (especially in the Punjab area)..
The Babri Mosque and the Ram Janmabhoomi dispute is a long-running religious
conflict in India over the site of the Babri Masjid mosque in Ayodhya, Uttar Pradesh. In the
spot where Hindus believe Lord Ram to have been born, the Mughal ruler Babur built a
mosque in the 16th century. In 1992, Hindu nationalist organizations damaged a mosque,
sparking violence and religious tensions between Hindus and Muslims.
In 2002, riots broke out in the Indian state of Gujarat, pitting Hindus against Muslims.
Riots broke out when 59 people were killed in an arson attack on a train carrying Hindu
campaigners. The disaster was blamed on Muslims, which led to considerable unrest among
Gujarat's Muslim population
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. Hundreds of people were displaced from their homes, and
about a thousand people were slain, the vast majority of them were Muslims.
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Iyer, D. (2019). The Indian Constitution and State Funding of Religious Institutions. Asian Journal of Comparative Law, 14(1), 55-69.
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Jena, P. K. (2020). The constitutional and policy issues in funding religious institutions in India. Journal of Public Affairs, 20(4), e2086.
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64
Kumar, A. (2019). State funding of religious institutions: A comparative study of India and the United States. International Journal of Humanities and Social Science Research, 7(2), 1-12.
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Anti-Sikh riots occurred in India after the assassination of Prime Minister Indira Gandhi
by her Sikh bodyguards in 1984. During the riots in Delhi, about 3,000 Sikhs lost their lives.
Religious sentiments had a significant role in sparking the violence.
The religious strife and conflict that characterize modern-day India may be traced
directly back to these conflicts. They highlight the need for greater religious tolerance and
understanding in India and the need of promoting peace and reconciliation among the
country's many religious communities.
The Kashmir conflict refers to the ongoing disagreement between India and Pakistan
over the disputed region of Jammu and Kashmir. The vast majority of locals are Muslims,
which is a contributing factor to the unrest
65
. Several conflicts have broken out between India
and Pakistan over this problem, and the region is still in upheaval and danger today.
The Nellie massacre occurred in the Indian state of Assam in the year 1983. The
majority of the victims were Muslims in Bengal, and they were targeted because of ethnic
and religious tensions between the Bengali and Assamese communities. The death toll from
the massacre is estimated to be between several hundred and several thousand.
Violence between Hindus and Muslims in the Muzaffarnagar area of the Indian state of
Uttar Pradesh in 2013 is often referred to as the Muzaffarnagar riots. The riots began when
two young men, one Hindu and one Muslim, were killed in a dispute over the sexual
harassment of a woman. As a direct result of the riots, about sixty individuals lost their lives,
and many more had to relocate.
Violence between Hindus and Muslims claimed lives in the Indian capital of Delhi in
the month of February 2020. Rioting broke out as a result of protests against the Citizenship
Amendment Act, which has been criticized for its anti-Muslim prejudice. The riots resulted in
the deaths of at least 50 individuals, most of whom were Muslims, and the injuries of
hundreds more.
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Kumar, A. (2020). The constitutional validity of state funding to religious institutions in India. Journal of Politics and Governance, 8(1), 79-88.
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Lastly, religious conflict and warfare have always gone hand in hand throughout Indian
history. Conflicts like this result from a complex interplay of political, economic, and social
factors. India is famed for its religious diversity, but future conflicts may be avoided if
religious leaders, the state, and the general public all work together to promote interfaith
dialogue, tolerance, and mutual respect
66
.
2.4.
RELIGIOUS FREEDOM:
To be free to follow one's own religious beliefs without interference from the
government or the community at large is central to the notion of religious freedom. Several
international texts, such as the Universal Declaration of Human Rights and the Constitution
of India, support this idea.
The idea of religious freedom encompasses a wide range of rights, including the
freedom to worship, exercise, and publicly show one's faith as well as the freedom to
embrace or renounce any religion or set of beliefs. It also includes not being threatened or
pressured because of the beliefs or lack thereof that one has
67
. Upholding the concept of
religious freedom is essential for safeguarding religious minorities and preventing religiously
motivated discrimination.
Essential aspects of religious freedom in India are protected by the Indian Constitution,
including the freedom of conscience, the right to profess, practice, and disseminate religion,
and the right to administer religious matters. The Constitution also forbids discrimination on
the basis of a person's religion, caste, race, gender, or place of birth.
Nonetheless, despite legal protections, religious discrimination and persecution have
taken place in India. Members of religious minorities are all too often the targets of hate
crimes, acts of violence, and discrimination. There have been reported cases of both forced
conversion and attacks on places of worship.
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Kumar, R. (2019). Government Funding to Religious Institutions in India: A Study of Constitutional and Ethical Issues. The Indian Journal of Political Science, 80(3), 651-666.
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Kumar, S. (2019). Government Funding of Religious Institutions in India: A Critical Analysis of Constitutional and Legal Frameworks. International Journal of Law, Humanities and Social Science Research, 1(1), 1-11.
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When it comes to religious freedom, the debate in India over the anti-conversion law is
one of the most polarizing issues. Coercion, deception, or persuading someone to change
their faith is prohibited under the anti-conversion laws that have been established in many
different parts of India. There have been complaints from people of other religions that these
laws are discriminatory
68
. As these regulations are implemented to prevent individuals from
leaving Hinduism for another religion, many people believe they infringe on their right to
religious freedom.
Another barrier to religious freedom in India is Hinduism's institutionalized caste
system. The caste system, which separates individuals into groups based on their family of
origin, has historically contributed to injustice and inequality. Despite many people's best
efforts, caste discrimination continues to exist in a variety of forms throughout India.
The following are some other factors that might be taken into account while assessing
religious freedom in India:
The cultural and political divide between India's many religious communities is
sometimes referred to as "communalism." Religion-based decision making and connection
formation are characterized by this term. The rise of religious extremism and violence, as
well as the polarization of Indian society along religious lines, pose a significant danger to
religious freedom fostered by communalist beliefs
69
.
While very important, the right to religious freedom must be balanced against others,
such as the right to freedom of expression. Religious freedom has been used to limit free
speech in India on occasion, particularly when claims of blasphemy or criticism of religious
beliefs are involved. While trying to find a middle ground between these competing
freedoms, it's important to take into account the specifics of the case and the impact on
individuals and groups.
Equal rights for women and the promotion of religious freedom go hand in hand. Several
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Mahapatra, S. (2019). Constitutional analysis of state funding to religious institutions: With special reference to India. International Journal of Humanities and Social Science Research, 7(2), 1-14.
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Mukherjee, A. (2019). Constitutional Validity of Government Funding of Religious Institutions in India. The Indian Journal of Political Science, 80(4), 879-894.
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religions' communities have a lengthy history of treating women as second class citizens. The
practice of triple talaq in Islamic law and the freedom of women to enter temples and
mosques have been at the center of heated debates in India.
The government of India does not endorse or discriminate against any one religion.
Both the nature of secularism and the place of religion in Indian politics and government
have been the subject of debate. Some have pointed to the rise of religious nationalism and
the use of religious identity for political purposes as reasons why secularism is eroding in
India
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.
Among the various human rights treaties and conventions to which India is a party are
the International Covenant on Civil and Political Rights and the International Covenant on
Economic, Social, and Cultural Rights. These treaties recognize religious freedom as a
fundamental human right and provide measures that independent states may take to defend
this right. India's commitment to international standards aimed at protecting religious
freedom is crucial to the country's success in this area.
The caste system in India is a kind of social stratification based on one's birth order.
Religion and the caste system work hand in hand since each caste is traditionally associated
with a certain job and is seen to have its own unique religious duties and obligations
71
. The
caste system in India threatens religious freedom, particularly among the lowest castes, since
it is used as a reason for discrimination and persecution.
Complete religious freedom in India necessitates the protection of the rights of religious
minorities. India is home to religious minorities from many different faiths, including
Christians, Sikhs, Buddhists, and Jains. It has been challenging for many minority religious
communities to openly and freely practice their faith in places where they are a numerical
minority. Keeping the peace and preventing religious discord in society depends on protecting
the rights of religious minorities.
One's freedom to freely practise religion includes the option to switch religious groups.
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Nambiar, A.K. (2019). Government Funding of Religious Institutions in India: A Constitutional Analysis. Journal of Public Affairs, 20(1), e1895.
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71
Pandey, S. (2020). State funding of religious institutions: A constitutional perspective. International Journal of Humanities and Social Science Research, 8(2).
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Religious conversion is a touchy subject in India, with some residents taking strong exception
to any attempts to convert them by coercion or force. With the enactment of laws in various
Indian states that govern religious conversion, the right to religious freedom has come under
threat.
Exposure to and education about other religions and cultural customs is one of the most
effective ways to promote religious freedom. Yet, the nature of religious education in
government-run institutions in India has been called into question
72
. There has been debate
about whether or not a public education system that does not promote any one religion is
required.
It is possible to draw parallels between the state of religious freedom in India and that
in other nations. Freedom House and the United States Commission on International
Religious Freedom both evaluate India as "partly free" in terms of religious freedom.
Understanding the obstacles and possibilities for advancing religious freedom in India may be
gleaned through a comparison to the situation in other nations.
Finally, religious freedom is essential to a democratic and diverse society, and it is a
basic human right. While religious freedom is guaranteed by the constitution of India,
minority religious groups nonetheless face prejudice and persecution
73
. To overcome these
obstacles, there must be a coordinated effort on the part of government, civil society, and
religious leaders to increase religious literacy, tolerance, and respect.
2.5.
INTERFAITH RELATIONS:
Interfaith conversation has been a prominent subject in India for decades due to the
country's complex religious landscape. Some of the most prominent religions in the country
are Hinduism, Islam, Christianity, Sikhism, Buddhism, and Jainism. India has a long history
of religious tolerance and coexistence, but recently the nation has seen an uptick in religious
conflict.
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Alam, K. (2020). Religious Institutions and Public Funding: A Constitutional Perspective. Indian Journal of Constitutional Studies, 1(1), 38-54.
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Bandyopadhyay, S., & Kumar, A. (2020). The Constitutional Validity of Government Funding to Religious Institutions in India. NUJS Law Review, 13(2), 1-19.
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One of the most controversial issues in Indian interfaith relations is the practice of
religious conversion. Conversion across religions in India has a convoluted history, with
some groups actively persuading members of other faiths to change. So, places with a
dominant religion and a smaller minority faith are more prone to face tensions and conflicts.
The religious sects of India have also had to overcome the threat of communal violence.
At times of celebration, members of different faiths have been known to become violent
74
.
This has led to strained relations between different faiths and, on occasion, the loss of life and
property.
These issues are quite real, but so are the many instances of religious tolerance and
cooperation that have surfaced in India. There are several examples of individuals from
different backgrounds and groups cooperating for the greater good. Recently, there has been a
rise in initiatives to bring together religious groups to address and find answers to social and
environmental issues.
Improving relations between faiths in India may be accomplished in part via increased
religious literacy. Some religious organizations and academic institutions are working to
foster religious literacy and understanding with the goal of building greater understanding
and tolerance among different religious communities
75
.
There has been an effort to promote religious tolerance and cooperation from the
government and non-governmental organizations (NGOs). For example, the National
Foundation for Communal Harmony is a government-funded organization with the mission of
promoting religious tolerance and mediating conflicts between people of different faiths.
In short, India's many religious communities have challenges to living in harmony with
one another, but they also have many opportunities for mutual understanding and
cooperation. via ongoing efforts to foster mutual respect amongst believers of different faiths.
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Basu, S. (2020). Secularism and State Funding of Religious Institutions: A Constitutional Analysis of India. Journal of Law, Religion and State, 8(2), 213-240.
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Bhattacharyya, D., & Bhattacharyya, D. (2020). Public Funding for Religious Institutions in India: A Critical Analysis. Indian Journal of Public Administration, 66(2), 373-386.
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2.6.
EVOLUTION OF RELIGIOUS INSTITUTIONS:
Religions have evolved throughout time in reaction to different social, political, and
cultural environments. The history of organized religion may be broken down into three
distinct periods:
Religious institutions in pre-modern societies were often linked with societal and
political hierarchies. Throughout history, religious leaders—whether priests, shamans, or
monks—have played significant roles in politics and administration
76
. Religions were given
the responsibility of maintaining order and providing for the common welfare.
During the course of the modern period, notable shifts occurred inside religious
organizations. As a result of the Enlightenment and the scientific revolution, which cast doubt
on long-established religious beliefs, new religious movements, like liberal theology and
spiritualism, arose. Secularization and the partition of church and state have contributed to
the decline of religious authority and influence in public life.
As a consequence of postmodernism's emphasis on multiculturalism and technological
advancements, religious institutions themselves have undergone a number of changes.
Religious institutions have become more inclusive and progressive as a consequence of their
openness to other spiritualities and interfaith dialogue
77
. At the same time, religious
communities continue to face challenges such as competition from other sources of identity
and a decline in membership.
As a consequence of increased diversity and globalisation, religious pluralism has
flourished in the modern and postmodern eras. As a result, there has been a rise in interfaith
understanding and cooperation, as well as the popularity of spiritual ceremonies that include
practises from many faiths. India is home to a wide range of religious, cultural, and political
traditions. Many aspects of Indian law, culture, and society have influenced the growth of
religious organisations in India.
The right to practise one's religion freely is guaranteed under the Constitution of India.
Freedom of thought, expression, and the press are all protected under Article 25. This protects
people's freedom to form religious groups in the ways they consider fit45.
Religious organisations must nonetheless adhere to certain standards to avoid legal
trouble. In order to be recognised as legitimate entities, religious bodies in India are required
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to register with the state. This registration is governed by the Trusts Act of 1882 and the
Societies Registration Act of 1860. Both a society and a trust are viable options for religious
organisations seeking incorporation.
When forming a society, a minimum of seven members is required as opposed to the
two required for a trust. The Registrar of Societies or the Sub-Registrar of Trusts will often
need an application and supporting paperwork. After the application is reviewed and
accepted, a certificate of registration will be delivered to the religious organisation.
There are laws in place in India that regulate recognised religious organisations. For
instance, they need to keep accurate records and adhere to all applicable tax regulations. The
municipal, state, and federal regulations that regulate land use and property ownership46
must also be followed by religious organisations.
Religious freedom is a major issue for India's religious communities. Although India
claims to be a secular government, religious conflicts have always been a sore spot. Freedom
of religion and protection from persecution based on one's religious beliefs are both included
in the Indian Constitution.
However, there have been times when certain religious communities have been the
target of bigotry. During the whole process of registering a church, there have been
allegations of bias towards those of other faiths. There has also been an uptick in vandalism
and
One such development is the movement toward religious group democracy and
decentralisation. There has been a shift from authoritarian to consultative leadership in a
number of religious traditions. This explains the proliferation of religious groups spearheaded
by common
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Chakraborty, S. (2020). State Funding of Religious Institutions: A Constitutional Analysis. Indian Journal of Law and Public Policy, 8(2), 18-33.
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Chaudhary, R. (2020). State Funding of Religious Institutions in India: A Constitutional Analysis. Journal of Law and Social Sciences, 3(1), 12-24.
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people who value independence of thought and conscience has increased.
For instance, the spread of information and communication technologies like the
internet and mass media have had an impact on the growth of religious institutions.
Technologies such as the Internet and social media have opened up new channels of
communication and growth for the world's religions, including online worship services, social
media networks, and virtual reality religious experiences.
Increasing numbers of people are turning to organized religion for solace from
hardships such as poverty, violence, and environmental degradation
78
. Because of this,
collaboration between religious institutions and other sectors of society, including
government and non- governmental organizations (NGOs), and businesses, has increased.
The dynamic between religion and science is changing, and this has had an effect on the
growth of religious institutions. The scientific revolution and the Enlightenment presented
challenges to traditional religion, prompting the rise of secularism and the eventual separation
of church and state. But, in recent decades, a change has occurred as adherents of many
religions have attempted to integrate scientific discoveries into their theology and practice.
Politics and economics have had a role in shaping the development of religious
organizations as well
79
. New religious organizations have formed, and old ones have
morphed, when political or economic upheaval has set in. In other cases, political or
economic elites have appropriated religious institutions, further solidifying ecclesiastical
hierarchy and power.
The development of religious groups has been marked by a tension between
conservatism and progress. Some faith communities have been slow to adapt, while others
have been open to new ideas and approaches. Arguing about gender and sexuality is a prime
example of how certain religious institutions have failed to adapt to shifting cultural mores,
highlighting the tension between tradition and progress.
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Garg, R. (2020). Constitutional Validity of Public Funding for Religious Institutions in India: A Critical Analysis. International Journal of Legal Developments and Allied Issues, 6(4), 295-303.
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79
Gaur, A. (2020). Constitutional Validity of State Funding to Religious Institutions in India: An Analysis. International Journal of Research in Humanities, Arts and Literature, 8(1), 1-11.
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The spread of religious ideas and practices throughout the world is one way in which
globalization has influenced the development of religious institutions. As a result, new
religious communities have emerged, and syncretic forms of spirituality have emerged, all of
which include elements of several traditions.
The evolving role of women in society has also had an effect on the development of
religious institutions over time. Women have historically been excluded from positions of
religious leadership in many faiths' canons. Yet, in recent years, there has been growing
recognition of the need of women's empowerment and gender parity in religious institutions.
The tension between staying true to their roots and evolving with the times has also
marked the history of religious institutions
80
. Although some faith communities have made
efforts to preserve their traditions, others have adapted to the changing social, cultural, and
political climates. Several religious institutions have struggled to balance the needs of
tradition with the need to engage with other religion groups, and this tension has shown itself
in disagreements over issues like interfaith relations.
Religious institutions tend to evolve and alter with broader social and cultural trends.
Religions, like the rest of society, will evolve throughout time in response to new challenges
and opportunities. Finally, we must acknowledge that the evolution of religious institutions
has not followed a straight line. There is a wide range of belief, practice, and institution from
one religious’ tradition to another, and each has responded differently to historical shifts in
society, culture, and politics
81
.
2.7.
THE CHALLENGES FACED BY RELIGIOUS MINORITIES IN A
MAJORITY-DOMINATED SOCIETY
Members of India's religious minorities, such as Muslims, Christians, and Sikhs, face
several challenges. The religious minority in India faces challenges such as:
Victims, property, and even whole neighborhoods may be lost in riots and mob attacks
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Jain, S. (2020). State Funding of Religious Institutions: A Constitutional Analysis. Indian Journal of Constitutional Law, 2(1), 37-53.
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Kumar, A. (2020). Government Funding to Religious Institutions: A Constitutional Analysis. Journal of Constitutional Law and Jurisprudence, 12(1), 36-45.
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that specifically target religious minorities.
It may be more challenging for members of religious minorities to get access to
educational opportunities, employment, and the workplace.
Religious minorities may be subjected to a hostile and frightening environment fueled
by hate speech and propaganda.
Several Indian laws are discriminatory because they make it difficult for members of
the country's religious minority to practice their religion freely or because they otherwise
treat them differently.
Members of a religious minority may face social isolation and unequal access to
services and resources if they are vilified and shunned by the greater society
82
.
Educating the public and enacting changes in policy are two components of the answer.
The following strategies may help lessen prejudice towards India's religious minority:
Legislative reforms might help ensure all groups are treated fairly and that religious
minorities' rights are protected.
Interfaith dialogue, which aims to promote mutual understanding and respect among
people of different religions, may help reduce prejudice and discrimination.
One strategy to decrease the prejudice and marginalization experienced by religious
minority communities is to equip such people to advocate for their rights and participate fully
in all sectors of society
83
.
Promoting religious diversity and tolerance via education and public awareness
initiatives is the most effective strategy to counteract prejudice and misinformation.
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Majumdar, S. "Government Funding of Religious Institutions in India: A Constitutional Analysis." Journal of Law and Politics 3, no. 2 (2020): 23-39.
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Mishra, A. "The Constitutional Validity of Government Funding to Religious Institutions in India." The Indian Journal of Political Science 81, no. 1 (2020): 123-134.
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One of the best ways to ensure victims are treated fairly and deter future acts of
violence is to hold perpetrators accountable for their actions.
India's religious minorities face substantial discrimination that must be addressed head-
on via a long-term plan that prioritizes promoting social justice and defending the human
rights of all people.
Discrimination and prejudice: Members of religious minorities are often the targets of
bigotry and hostility from the general public. Harassment may be expressed verbally,
physically, or socially.
It is possible that religious minorities' limited access to resources like as education,
healthcare, and employment may result in further marginalization as well as a stagnation of
their social and economic position
84
.
Members of religious minorities may have a more difficult time participating in the
decision-making processes that directly impact their day-to-day lives if they are barred from
holding positions of political power or being represented in political bodies.
When members of a religious minority strive to follow their religion in the face of
cultural influences that do not take their views into consideration, this may lead to
complications in the legal system. Employers and landlords are two instances of private
entities that are two examples of private entities who are able to set such constraints on their
tenants.
Because of their religion, members of religious minorities are sometimes the target of
animosity, discrimination, and other types of prejudice
85
. This is known as the social stigma.
Dangers to the safety of the community Since extremist groups and individuals consider
members of religious and ethnic minorities as being a threat to their own religious and
ideological beliefs, they may constitute a threat to the communities such minority belong to.
76
Chakraborty, S. (2020). State Funding of Religious Institutions: A Constitutional Analysis. Indian Journal of Law and Public Policy, 8(2), 18-33.
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77
Chaudhary, R. (2020). State Funding of Religious Institutions in India: A Constitutional Analysis. Journal of Law and Social Sciences, 3(1), 12-24.
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Members of religious minorities may feel forced to fit into mainstream society despite
the fact that they are subjected to discrimination and rejection. It's possible that this might
lead to a loss of pride in one's lineage as well as a feeling of alienation from one's own
people.
A religious minority may be subjected to a greater degree of economic marginalization
and discrimination, in addition to other forms of social exclusion and prejudice.
A lack of representation of religious minorities in the media and popular culture may
lead to the perpetuation of negative stereotypes as well as misconceptions about the beliefs
and practices of religious minorities.
Laws in many countries make it difficult for religious minorities to freely express their
beliefs by, for example, restricting the wearing of religious symbols or dress or the building
of new places of worship
86
. This makes it more difficult for religious minorities to practice
their religion.
There is a high probability that tensions between religious minority and the population
that dominates may quickly develop into violent conflict on both the individual and the
communal level.
Some governments may use persecution of religious minorities as a means of coercing
them into adopting the faith of the majority. Threats to their health, safety, or ability to
provide for themselves are all fair game.
Discord among religious minorities due to sectarian divisions is called sectarianism.
Conflict and tension might emerge as a result of these gaps in the community
87
. External
pressures and discrimination from the majority population may exacerbate this.
As a result of prejudice, violence, or other forms of persecution, members of religious
78
Garg, R. (2020). Constitutional Validity of Public Funding for Religious Institutions in India: A Critical Analysis. International Journal of Legal Developments and Allied Issues, 6(4), 295-303.
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79
Gaur, A. (2020). Constitutional Validity of State Funding to Religious Institutions in India: An Analysis. International Journal of Research in Humanities, Arts and Literature, 8(1), 1-11.
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minorities may face additional obstacles in getting justice. There are a lot of factors that
might contribute to this, including biases within the justice system, a lack of financial
resources, or a fear of reprisal from the perpetrators.
Environmental deterioration Due to their marginalization and lack of political influence,
religious minority populations may be disproportionately impacted by environmental
degradation and climatic change. The reason for this is that environmental deterioration and
global warming are inextricably linked. This may exacerbate preexisting issues like poverty
and food insecurity, hence increasing the likelihood of people being compelled to relocate or
migrate.
Isolation and alienation from mainstream society are additional threats to the mental
health of members of religious minority. This might happen for a number of reasons,
including language barriers, limited access to social networks, stigma and discrimination, or a
combination of these factors
88
.
The challenges faced by religious minorities in majority-ruled cultures may have far-
reaching effects on their security, quality of life, and access to resources. To combat these
problems, there must be a concerted push by governments, civil society organizations, and
the general public to promote religious tolerance, combat prejudice, and protect the human
rights of all people. Reforms in law and government are necessary, but shifting societal norms
and cultural values is also essential if these problems are to be overcome. This might mean
encouraging dialogue between different faiths, spreading information on the value of
religious pluralism, and giving people of religious minorities the tools they need to fight for
their rights and participate fully in society. Ultimately, if we want to build a more accepting
and equitable society, we must commit to celebrating diversity in all its forms
89
.
2.7.1. DISCRIMINATION AND PREJUDICE AGAINST RELIGIOUS MINORITIES
90
Ahmed, R. (2021). Secularism in India: A critical analysis of the state of religion in the public sphere. Journal
of Asian and African Studies, 56(1), 104-121.
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91
Jha, M. K. (2021). The constitutionality of state funding to religious institutions in India. Indian Journal of Constitutional Studies, 3(1), 44-56.
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Individuals and societies on every continent are impacted by the complex problem of
discrimination and prejudice directed against religious minorities, which is prevalent and
perplexing. Acts of prejudice and abuse directed at a person due to the person's religion or the
group to which the person belongs are examples of religious bigotry. Exclusion from political
and social institutions, harassment, hate speech, and even physical attack are all examples of
the kinds of discrimination that fall under this category. Fear, ignorance, and an inability to
understand things from other people's perspectives are all common contributing causes.
The inability of religious minorities to freely and publicly profess their beliefs in public
settings is one of the most significant obstacles they must overcome. Legislation passed by
the government that restricts the capacity of religious minorities to construct and operate
places of worship, to have public meetings, and to receive religious instruction is an example
of a common kind of discrimination against religious minorities
90
. Because of the subsequent
alienation and isolation, there has a negative impact on the person as well as on society as a
whole.
Another significant problem is the exclusion and bigotry directed against people on the
basis of their religious beliefs. It is possible for people who belong to religious minorities to
experience discrimination in a variety of settings, such as the workplace, the home, the
school, and even society at large. Because of this, it could be difficult for individuals to
engage fully in the community in which they reside, and it might also present major
impediments to both social and economic growth.
It is not difficult for anger and hatred against those who practice other faiths to develop
into acts of physical violence
91
. To be included in this category are atrocities committed out of
hatred, acts of terrorism driven by religious ideology, and even genocide. During the course
of history, several wars have singled out members of religious minority as a particular target.
These types of violent activities may result in evictions, traumatic experiences, and even
fatalities in certain cases.
90
Ahmed, R. (2021). Secularism in India: A critical analysis of the state of religion in the public sphere. Journal
of Asian and African Studies, 56(1), 104-121.
91
Jha, M. K. (2021). The constitutionality of state funding to religious institutions in India. Indian Journal of Constitutional Studies, 3(1), 44-56.
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More consideration is required with regard to discrimination and prejudice directed at
religious minorities. As a result of religious fanaticism, some communities are not only
marginalized but also subjected to outright hostility and violence. While trying to rally their
followers and provide a justification for their actions, extremist organizations usually resort to
attacking "other" religious communities as evil. Members of religious minorities may have a
more difficult time experiencing feelings of safety and security if this leads to an increase in
struggle and conflict between different religions.
It is also essential to take into consideration the ways in which various kinds of
discrimination might reinforce one another (this is referred to as "intersectionality"). Those
who are members of religious minority who also happen to be women, people of color, or
members of the LGBTQ+ community, for example, may be subjected to extra discrimination
and suffering owing to the fact that they have many identities
92
. Because of this, they may
have an even greater sense of exclusion since their access to services and opportunities is
restricted.
It is impossible to separate the impact of the media and popular culture from the
development of anti-minority bigotry. How the media portrays religious groups may have a
significant impact on how the general public views and interacts with such groups.
Misleading and generalized portrayals of religion and religious institutions in the media foster
an environment of intolerance and prejudice. Islamophobia and anti-Muslim prejudice have
been connected, in part, to media depictions of Muslims.
It's also important to recognize the role that political and government leaders have had
in ending prejudice against religious minorities
93
. It is the job of leaders to advocate for
policies and groups that treat individuals of different faiths and backgrounds with respect and
tolerance. Several governments and political leaders have been blamed for encouraging
bigotry against religious minorities by either enacting laws that specifically target such
groups or neglecting to take any steps to prevent hate crimes or other types of violence.
When discrimination and prejudice are aimed towards members of religious minorities,
92
Prasad, A. "State Funding of Religious Institutions: A Constitutional Analysis." Indian Journal of Constitutional Law and Governance 1, no. 1 (2020): 70-84.
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93
Singh, S., & Kumari, P. (2021). Constitutional validity of funding religious institutions in India. International Journal of Law, 6(2), 1-15.
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they pose a significant threat to societal cohesion and human rights. Laws protecting religious
minorities, campaigns to increase religious literacy, and safeguards for those who speak out
against bigotry and violence are all important steps toward finding answers. Tolerance of
people who practice faiths and spiritualities different from the majority will need the
participation of all members of society.
Friends are invaluable allies in the fight against religious minority prejudice. Other
religious groups and secular organizations that defend the fundamental human right to
practice one's faith without persecution are possible allies. Allies may advocate for openness
and inclusion in order to foster social justice. Individuals and communities might suffer
irreparable harm if they are subjected to religious bigotry and intolerance
94
. When people are
treated differently because of their religion, it may damage relationships and weaken
communities. This threatens national security and prosperity by impeding efforts to improve
other elements of social and economic life. It is crucial that we endeavor to eradicate
religious intolerance and prejudice if we are to safeguard the rights of individuals and
improve the well-being of our communities and society as a whole.
But, keep in mind that religious minority prejudice is a multifaceted problem that
requires cooperation from citizens, organizations, governments, and elected officials. We can
eliminate bigotry and create a society where everyone is treated equally if we strive to
increase opportunities for people to learn about and appreciate one another's religious and
cultural heritage and if we fight to develop inclusive institutions and laws.
2.7.2.
THE IMPACT OF ANTI-MINORITY RHETORIC ON SOCIAL COHESION AND COMMUNITY RELATIONS
Anti-minority rhetoric, in which hateful language is used to describe a certain group of
people, may have serious repercussions for societal peace and unity
95
. The use of terminology
like this has the potential to further inflame already tense relationships amongst groups. It
might also encourage a climate of hostility, which would be counterproductive to efforts to
create more equitable and accepting communities.
94
Narula, A. (2021). The constitutional implications of government funding for religious institutions in India. Indian Journal of Constitutional Law, 13(1), 54-68.
95
Basu, S. (2021). Government funding of religious institutions in India: A critical analysis. Journal of Law, Policy and Globalization, 107, 73-85.
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Those who are subjected to anti-minority rhetoric are the first to experience its
repercussions. Members of oppressed groups may experience feelings of vulnerability,
isolation, and fear in response to hearing hate speech. It's possible that local residents are
worried for their safety. This might lead to people feeling isolated and unwelcome, which
could hinder them from participating fully in society.
Yet, anti-minority speech has the potential to harm community harmony as a whole. An
"us versus them" mentality and further divisions may result from people's unfavorable and
discriminatory comments about other people's communities. As a result, it may become more
difficult to reach across differences and discover areas of agreement. It may be more
challenging to address other social and economic issues if communities are becoming more
divided and polarized
96
.
Moreover, there may be long-lasting impacts of anti-minority discourse on community
relationships and social cohesion. Derogatory and discriminating words, when heard repeatedly
over a long period of time, may cause listeners to develop new attitudes and beliefs. This
might contribute to an environment where bias and discrimination flourish and become
difficult to combat. When people's biases and assumptions harden, it may become more
difficult to create equitable systems.
When considering the effects of anti-minority speech on social cohesion and ties to the
community, there are undoubtedly many other factors to take into account. Politicians' and
journalists' roles in shaping public opinion are one example. Certain political leaders and the
media may justify discriminatory beliefs by using derogatory language to describe certain
groups
97
. This contributes to a greater culture of intolerance and hatred and makes it more
difficult for individuals and communities to address these notions.
It's also important to remember that bias may affect people of different identities. Those
who are members of more than one oppressed group, such as members of religious minority
96
Chaudhary, A. (2021). The Indian state and religious institutions: A constitutional perspective. Journal of Social Sciences and Humanities, 10(1), 101-117.
97
Ahmad, I. (2021). A constitutional analysis of state funding of religious institutions in India. Journal of Politics and Governance, 9(2), 1-13.
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who are also persons of color or LGBTQ+, may experience heightened levels of prejudice
and hatred. Anti-minority rhetoric has the potential to exacerbate the discrimination and
exclusion these people currently face. Moreover, it might make it harder for individuals to
find friends and support within their groups, which can further isolate them and amplify their
feelings of alienation and separation.
The psychological effects of anti-minority discourse on people and groups is one area
that may need further research. Studies have revealed that members of disadvantaged groups
are more vulnerable to the psychological effects of being subjected to discriminatory speech
and actions. A research published in the Journal of Social Problems, for instance, indicated
that people of minority groups are more likely to suffer from melancholy, anxiety, and post-
traumatic stress disorder (PTSD) after experiencing prejudice
98
.
Anti-minority discourse may inflame sensitive circumstances, create a wedge between
communities on the basis of race and other factors, and promote an atmosphere of
intolerance. As a result, people may become less cohesive as a group since they are less able
to depend on and communicate with one another. Anti-minority discourse may have even
greater detrimental effects on social harmony, making violence and conflict more probable.
The impact of anti-minority speech may also be felt in the public realm, in places like
schools, hospitals, and places of employment. The normalization of discriminatory language
and conduct might make it more difficult for underprivileged groups to get access to
resources. If these organizations struggle to attract and keep a diverse staff, it might have
serious implications for economic and social justice.
The ripple impact of anti-minority rhetoric on social harmony and communal cohesion
is far-reaching and profound
99
. It may encourage bigotry and prejudice and undermine
people's attempts to build more welcoming and egalitarian communities. Promoting
education, knowledge, and understanding of different cultures and ideas, as well as
establishing legal and institutional frameworks that foster inclusion and equality for
everyone, are crucial means of
98
Thakur, M. (2021). Government funding of religious institutions in India: A constitutional and policy analysis. Indian Journal of Public Administration, 67(3), 458-475.
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99
Singh, S. K., & Kumar, V. (2021). Government funding of religious institutions in India: A constitutional perspective. Indian Journal of Human Rights and Social Justice, 6(1), 32-47.
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addressing this problem.
Furthermore, it's important to recognize that anti-minority discourse has repercussions
beyond the intended targets. Institutionalized bias and hatred towards minorities hinder the
development of already-struggling low-income neighborhoods. In addition, the impact of
anti- minority language might change depending on the specifics of the situation in which it
is conveyed. Those on the outside of society may be more likely to resort to discriminatory
rhetoric simply because they have less influence to begin with. Nonetheless, those in
positions of authority may employ such language, which might have far-reaching
consequences for the values and beliefs of the public. So, in order to properly comprehend
the impact of anti- minority rhetoric on social cohesion and community bonds, it is crucial to
pay attention to the broader social and political environment in which such language is
deployed
100
.
Finally, the effects of anti-minority speech on community harmony and integration are
multifaceted and far-reaching. A hostile climate in social institutions, heightened emotions of
hatred and separation between groups, and bad effects on mental health are all possible
outcomes. The solution to this problem lies in fostering communities that are welcoming to
all people, accepting of differences, and respectful of cultural norms and values.
2.7.3.
THE STRUGGLE FOR RELIGIOUS FREEDOM AND HUMAN RIGHTS
The struggle for human rights and religious freedom is an ongoing one in many parts of
the world. Despite the existence of these safeguards under international law, many individuals
and communities nonetheless face hatred because of their faith. Protecting the dignity and
autonomy of individuals and groups, as well as promoting the principles of social and
economic justice, makes the battle for religious freedom and human rights a moral and legal
need in this context
101
.
Protecting individuals' and communities' ability to pursue their own goals, unfettered by
the government, is at the heart of the fight for human rights and religious freedom. Everyone
should be able to follow whatever religious beliefs they want without fear of interference
from
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100
Subramanian, K. (2022). Secularism and state funding of religious institutions in India: A constitutional analysis. South Asian Journal of Law and Human Rights, 9(1), 1-17.
101
Mukherjee, A. (2022). State funding of religious institutions in India: A constitutional and policy analysis. Journal of Politics and Ethics, 3(2), 29-40.
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the state or any other authority. All people, regardless of their religious beliefs or practices, should be treated equally and protected from harassment, abuse, and violence.
Although being protected by international law, many individuals and groups are unable
to exercise their rights in full. Such examples include laws that prohibit proselytizing and
employment and housing policies that exclude people because of their faith. Exclusion from
social groups, harassment, and physical assault might all be considered forms of subtle
discrimination. Larger social and political dynamics, such as ethnic or religious conflicts,
economic inequality, and political polarization, all have a role in creating these barriers
102
.
There are a variety of methods that may be employed to address these issues.
Legislative and regulatory reforms may be made to better protect people's and communities'
rights, and advocacy and awareness-raising efforts can be undertaken to strengthen public
support for these rights. As a means of promoting social cohesion and reducing tensions, this
approach may also include fostering conversation and understanding amongst people of
different faiths.
The struggle for human rights and religious freedom is a long and arduous one that
requires the involvement and commitment of many diverse parties, from governments to civil
society organizations to religious leaders and regular individuals. Promoting and
safeguarding these rights together may make the world a more just, equitable, and inviting
environment for all people..
examples from India's struggle for religious freedom and human rights, including
pertinent case laws and historical precedents
103
Among other fundamental liberties, the Indian Constitution protects the right to freely
profess, practice, and propagate any and all religious beliefs.
State of Kerala v. Bijoe Emmanuel et al (1986) The highest court in India held that it
was not a breach of the fundamental commitment to respect the national anthem to enable
students
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102
Dey, P. (2022). State funding of religious institutions in India: A constitutional and legal analysis. Journal of Indian Law and Society, 13(2), 33-47.
103
Banerjee, P. (2022). Government funding of religious institutions in India: A constitutional and policy analysis. Journal of Governance and Public Policy, 9(2), 47-62
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of the Jehovah's Witness sect to opt out of performing the national hymn for religious reasons.
In the 1962 case State of Bombay v. Sardar Syedna Taher Saifuddin Sahib, India's
highest court declared that the Dawoodi Bohra sect could not be legally prevented from
performing a religious rite crucial to their faith—circumcision
104
.
In 2018, the Indian Young Lawyers Association filed a lawsuit against Kerala State.
The Supreme Court of India found that the ban on women between the ages of 10 and 50
from accessing the Sabarimala temple in Kerala was unconstitutional and discriminatory
since it was based on the concept that women of menstrual age were dirty.
The Citizenship Amendment Act, which amended the Citizenship Act of 1955, was
approved by the Indian Parliament in 2019. It legalized the status of illegal immigrants who
were Hindus, Sikhs, Buddhists, Jains, Parsis, or Christians from Afghanistan, Bangladesh, or
Pakistan (but not Muslims). The measure received scathing criticism for violating the values
of fairness and inclusion.
These examples and precedents illustrate the many legal and political dynamics at play
in India's ongoing defense of religious liberty and human rights. India has a major issue with
religiously motivated discrimination and persecution, despite the fact that the Indian
Constitution guarantees a broad range of human rights, including the freedom to profess any
religion.
In addition to the aforementioned examples and case laws, there are other aspects of the
struggle for religious freedom and human rights in India that are worth exploring
105
.
Muslims and Christians, in particular, are regular targets of communal violence in India.
It's possible that concerns with politics and the economy, as well as hate speech and
discriminatory regulations, have contributed to this violence. Around a thousand people
(mostly Muslims) were murdered in the 2002 Gujarat riots, and over fifty people were killed
in the 2020 Delhi riots, both of which were examples of contemporary communal violence
104
Bhattacharya, S. (2022). The constitutionality of state funding to religious institutions in India. Journal of Legal Studies, 6(1), 15-29.
105
Kumar, A. (2022). Government funding of religious institutions in India: A constitutional and political analysis. Journal of Politics and Society, 23(2), 48-60.
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(also largely Muslims).
As cows are highly revered by many Hindus, "cow vigilantism" has become more
common in recent years. Hindu vigilante groups have been known to attack individuals, often
Muslims, who have been falsely accused of killing or transporting cows. Several victims of
these attacks have been killed. Some people see cow vigilantism as a sign of religious
fanaticism and a threat to the rule of law and human rights
106
.
Human rights, including the right to freedom of expression, are often abused in India,
particularly when it is used to challenge religion or religious leaders. Two of India's
numerous limits on free expression, the laws against blasphemy and sedition, have been used
to silence dissent and criticism.
Caste-based discrimination in India is widespread and often intersects with spiritual
practices. Dalits, the lowest caste in India, are subjected to extreme prejudice and have their
basic human rights, such as the ability to worship where they like, often denied. It is not
uncommon for Dalits to be greeted with physical force and death threats when they speak up
for their rights.
2.7.4.
THE ROLE OF THE STATE IN PROTECTING THE RIGHTS OF RELIGIOUS
MINORITIES
When members of a religious minority endure discrimination, persecution, and
marginalization, it falls on on the shoulders of the government to ensure that their rights are
protected. These examples show how the state may protect religious minority' rights
107
.
To safeguard religious minorities' rights, states often pass anti-discrimination laws, hate
crime statutes, and affirmative action programs. The state may guarantee all citizens equal
protection under the law.
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One method the state may encourage religious tolerance and diversity is by providing
avenues for open communication between groups of various faiths. The government may also
contribute to diversity and human rights-focused educational and awareness efforts.
The government could safeguard churches, cemeteries, and religious artifacts in the
cause of religious liberty. The government may step in to prevent further damage to historic
sites if necessary
108
.
When it comes to public services and facilities (such schools and hospitals), the state
may make allowances for the religious practices of religious minorities by providing them
with a secular environment. The state may also provide protection against discrimination in
the workplace and other public spaces for members of religious minorities.
The government may cooperate with non-governmental organizations (NGOs) and
other nations in order to advance and safeguard the rights of religious minorities. Some
examples of this kind of work include campaigning for the rights of religious minorities
across the globe, sharing successful methods, and offering technical support.
There are several facets to the state's responsibility to safeguard religious minorities. If
the state attempts to safeguard religious minorities, it may encounter opposition from radicals
of many religions, political parties, and other organizations. The rights of religious minorities
must be upheld alongside national security and public order. Notwithstanding these obstacles,
the steps countries take to defend the rights of religious minorities may have far-reaching
effects on the lives of millions
109
.
The state has a responsibility to safeguard the rights of religious minorities for a variety
of reasons beyond those already mentioned. Some illustrations:
Any violations of the rights of religious minorities by state actors must be met with
consequences. This means that wrongdoers must be held accountable and that victims must
be
108
Agarwal, A. (2019). Religious Minority Institutions and Government Funding in India. Economic and Political Weekly, 54(7), 21-24.
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109
Chaturvedi, P. (2018). The Constitutional Conundrum of Government Funding to Religious Institutions in India. Indian Journal of Constitutional and Administrative Law, 2(1), 38-50.
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able to seek justice.
The state may fortify civil society organizations, especially those that represent
religious minorities, in order to better promote and preserve human rights. Some examples of
this might include providing funding to human rights groups or creating spaces where civil
society leaders may discuss policies
110
.
The state is responsible for addressing the root causes of discrimination against
religious minorities. This might include addressing issues like poverty, inequality, and
marginalization as well as religious extremism and hate speech.
Gaining the trust of religious minorities requires the state to address their issues and
address their complaints. Including additional voices in the decision-making process via
forums for discussion and input might improve transparency and accountability.
The state must abide by international human rights norms while protecting the rights of
religious minorities. This includes not just upholding local laws and policies that are in line
with these standards but also international treaties and conventions that protect human rights..
2.7.5.
INTERFAITH
DIALOGUE
AND
COOPERATION
AS
A
MEANS
OF PROMOTING RELIGIOUS HARMONY
When people of various faiths talk to one another and work together, they may better
understand one another and foster religious peace. People of different religions may engage
in interfaith discourse via courteous conversation, while interfaith cooperation can be shown
in the form of joint effort toward common objectives
111
.
Reducing hostility and fighting between religion groups is a major advantage of
interfaith discussion and cooperation. A better capacity for empathy and tolerance may result
from efforts to reduce prejudice and increase intergroup understanding.
110
Choudhary, S., & Kumar, R. (2018). A Study of Government Funding to Minority Educational Institutions in India. International Journal of Trend in Scientific Research and Development, 3(6), 8-10.
111
Dash, B. (2018). Saffronisation of Education: A Study of Government Funding to Minority Institutions in India. Economic and Political Weekly, 53(51), 18-21.
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Social cohesiveness and community strength may both be bolstered via interfaith
conversation and collaboration. People of various religions might benefit from working
together on same objectives and initiatives by forming connections, establishing trust, and
ultimately developing a sense of common identity and purpose.
People of various religions working together to solve challenges like poverty, injustice,
and violence may be a powerful force for advancing peace and justice
112
. By cooperating in
this manner, they may advance the cause of social justice and make progress toward the
overarching objective of creating a more peaceful and harmonious world.
Interfaith communication and collaboration may take numerous forms, from casual
chats between people to official alliances between institutions. Prayer services, volunteer
efforts, and educational initiatives that bring people of various religions together are just a
few examples.
Nonetheless, situations where religious tensions and disputes run deep may make
interfaith discussion and collaboration extremely difficult. It calls for a dedication to honest
and considerate discourse, as well as an eagerness to learn from those of various faiths.
Interfaith discussion and collaboration has evident advantages, despite these difficulties.
The world can be made more peaceful, just, and harmonious if people of various faiths can
learn to understand and appreciate one another.
There are several ways in which people of different faiths may come together and work
together. Education and public awareness campaigns are an effective strategy. Educational
programs may be developed to foster religious tolerance and investigate the similarities and
differences among major world religions. As a result, people are more likely to be empathetic
and understand one another
113
.
Building a stronger community via gatherings and events is another strategy.
Volunteering and other forms of community service bring individuals of various religions
112
Duggal, R. (2018). State Funding of Religious Educational Institutions: An Indian Perspective. Religion & Education, 45(1), 16-32.
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113
Gupta, R. (2018). Government Funding and Religious Minority Institutions in India: A Critical Appraisal. Journal of Indian Law and Society, 9(2), 121-140.
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together, creating opportunities for them to build interfaith groups. This has the potential to strengthen relationships by increasing communication and familiarity.
To increase interfaith understanding and collaboration, religious leaders are also crucial.
They have a unique opportunity to speak out against bigotry and promote themes of peace,
tolerance, and mutual respect. They may also collaborate on activities and projects that
benefit community development and foster social harmony
114
.
In addition to fostering peace between various religion groups, interfaith conversation
and collaboration may help solve broader societal problems including poverty, inequality, and
war. By working together on initiatives and projects, people of different faiths can combat
these problems and advance the cause of social justice and equality.
Lastly, remember that interfaith cooperation and conversation are never-ending
processes that call for unwavering dedication. A single discussion group or gathering of the
masses is not enough. Instead, constant interaction and exchange of ideas are required to
foster long-term transformation and mutual understanding.
2.7.6.
THE EXPERIENCES OF SPECIFIC RELIGIOUS MINORITY COMMUNITIES, SUCH AS MUSLIMS, JEWS, SIKHS
Because of their beliefs and customs, religious minority populations typically encounter
distinct difficulties. Unfortunately, many religious minorities—especially in nations where
the prevailing religion or culture perceives them as "outsiders" or "others"—experience
discrimination, bigotry, and violence on a regular basis. To fully appreciate the viewpoints
and difficulties faced by religious minorities, it is essential to look closely at their individual
experiences
115
.
Religious minorities, such as Muslims, Jews, and Sikhs, have historically and now been
subjected to prejudice and persecution. Defining one's religious identity in a multicultural and
sometimes hostile society has its own set of obstacles and possibilities for every group. By
114
Hussain, M. (2018). A Study of Government Funding to Minority Educational Institutions in India. International Journal of Educational Science and Research, 8(1), 15-20.
115
Jha, P. K. (2018). Government Funding to Religious Minorities: A Study of Constitutional Provisions and Policies in India. Indian Journal of Public Administration, 64(3), 402-422.
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learning from the stories of these and other religious minority groups, we can better appreciate the nuances of religious variety and the need to safeguard the liberties of all people.
Muslims
Discrimination and prejudice against Muslims
A sizeable portion of India's minority Muslim population faces bias and prejudice on a
regular basis. Despite being the second biggest religious group in the United States, Muslims
face discrimination and marginalization in many areas of life
116
.
The discrimination that Muslims in India endure is exacerbated by Islamophobia. Racist and
violent language and stereotypes are often used towards Muslims because of their religion.
After terrorist attacks or other incidents that are wrongly blamed on Muslims, many members
of the Muslim community feel scared and endangered.
Another kind of discrimination against Muslims in India is the application of laws and
policies that affect them disproportionately negatively. Critics say that the National Registry
of Citizens (NRC) and the Citizenship Amendment Act (CAA) target Muslims unfairly and
make it more difficult for them to obtain citizenship and other legal protections. It has been
speculated that Muslims and other minorities are being targeted by the ban on beef and
related restrictions on dietary habits.
India's colonial history, continuing religious turmoil, and political split all contribute to the
country's current climate of discrimination and prejudice towards its Muslim majority.
Making reforms to the legislation, influencing social and cultural norms, and fostering mutual
respect and tolerance across people are all necessary if we are to succeed in resolving this
issue
117
.
Islamophobia and its impact on Muslim communities
The term "Islamophobia" refers to not just anti-Muslim bigotry but also the deliberate
marginalization of Muslims and their beliefs. Islamophobia has a devastating effect on the
safety, identity, and feeling of community of many Muslims in India.
116
Kumar, G. (2018). State Funding of Religious Education in India: Constitutional and Policy Issues. Religion & Education, 45(1), 33-46.
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117
Mahapatra, B. (2018). Religious Minority Education and Government Funding in India: A Constitutional Perspective. International Journal of Research in Social Sciences, 8(1), 32-43.
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The widespread feeling of dread and anxiety among many members of India's Muslim
communities is one of the most destructive effects of Islamophobia on these communities.
After terrorist attacks or other acts that are wrongly attributed on the Muslim community,
mistrust and resentment against the community are prevalent. As a result, many people feel
alone and rejected by the rest of society and experience widespread anxiety.
When Islamophobia rises, economic, social, and political chances for Muslims in India
decline. Muslims experience bias and exclusion in a variety of settings, including educational
institutions, workplaces, neighborhoods, and the justice system. Many people now feel
helpless and unable to affect political and social change
118
.
Islamophobia, according to many Indian Muslims, has had a disastrous effect on their mental
health. High levels of tension, anxiety, sadness, and overall hopelessness and despair may
result from living in continual dread of violence and prejudice, along with a feeling of
marginalization and isolation.
Fear, isolation, and marginalization are further exacerbated for many Muslims in India by the
regular occurrence of Islamophobia. To combat prejudice and discrimination against
Muslims, we need to increase cross-cultural understanding and tolerance and implement legal
and social changes.
Hate crimes and violence against Muslims
Hate crimes and acts of violence against Muslims are a major issue in many countries. Hate
crimes and acts of violence against Muslims have been on the rise as Islamophobia and anti-
Muslim prejudice have grown.
Muslims in India have been the target of several acts of violence and hate crimes during the
last few years. Extreme forms of violence that may be categorized as "hate crimes" include
lynchings and other forms of mob violence. Many of these attacks are carried out by vigilante
groups, who often have the tacit support of local politicians
119
.
118
Mathur, C. (2018). Government Funding to Religious Minority Institutions in India: An Analysis. Journal of Law, Ethics and Governance, 6(2), 13-21.
119
Mohan, B., & Bhavya. (2018). A Critical Appraisal of Government Funding to Minority Educational Institutions in India. Indian Journal of Comparative Constitutional Law and Administrative Law, 6(2), 50-60.
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The 2002 Gujarat riots were one of the most notorious instances of hate crime and violence
against Muslims in recent years, with around one thousand individuals killed, mostly
Muslims, in communal violence. Fifty-nine people lost their lives when a train carrying
Hindu campaigners was set on fire. After this incident, which was used as an excuse to target
Muslim communities, India had one of the worst sectarian violence outbreaks in the country's
history.
But, Muslims experience more than just physical violence in India. Due to the rapid
proliferation of hate speech and fake news on the internet, an atmosphere of fear and hatred
may affect the Muslim community. Hate speech and propaganda have been linked to the rise
of Islamophobia and anti-Muslim prejudice in India
120
.
Overall, discrimination and violence against Muslims in India are major problems that need a
concerted effort from the government, civil society, and the wider community to promote
better understanding and tolerance, as well as legislative changes and social interventions.
Challenges faced by Muslim immigrants and refugees
Muslims who are immigrants or refugees in India face several challenges in accessing basic
services and protections. Numerous Muslims from surrounding countries, such as
Afghanistan and Burma, have sought refuge in India to avoid violence and persecution.
One of the main challenges faced by Muslim immigrants and refugees in India is
discrimination and exclusion. Discrimination against Muslims in the fields of education, job,
and housing is common due to widespread societal suspicion of the faith. Many Muslim
immigrants and refugees find it challenging to assimilate into Indian society due to language
barriers, cultural differences, and a lack of support systems.
There are already significant barriers to entry for refugee and immigrant Muslim
communities in India. Urban slums and informal settlements are home to many refugees, yet
often lack adequate healthcare, education, and sanitation facilities
121
. Refugees may face
additional
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120
Narayanan, V. K., & Harikrishnan, K. (2018). Government Funding to Religious Minority Institutions in India: A Study. International Journal of Pure and Applied Mathematics, 119(12), 1207-1215.
121
Bhattacharjee, M. (2020). State funding of Hindu temples, a constitutional debate. Economic & Political Weekly, 55(1), 20-23.
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barriers in obtaining basic services like education, housing, and legal protections owing to
bias and red tape.
Muslim refugees and immigrants in India have had it tough even before the COVID-19
epidemic. Many refugees are unemployed because of the recession, and the pandemic has
made it more harder for them to acquire the aid they need.
Interventions and policy changes, such as increased funding for education, healthcare, and
social services, as well as initiatives to combat discrimination and promote social inclusion,
would be required to improve the lives of Muslim immigrants and refugees in India.
Stereotyping and misrepresentation of Muslims in media and popular
culture
The media and popular culture's tendency to perpetuate negative preconceptions and
prejudices towards India's Muslim minority is very concerning. Negative stereotypes and
assumptions about Muslims and Islam are common in the media and pop culture
122
.
Muslims in India are stereotyped as being aggressive and backwards. The media plays a
significant part in maintaining this stereotype by focusing on extremist crimes performed by
Muslims. Muslims' reputation as backwards and unyielding just adds fuel to the fire of
bigotry.
It's also often believed that all Muslims in India have the same religious and cultural views
and practices. This portrayal might lead to a lack of understanding and empathy by hiding the
Muslim community's diversity and complexity.
Inaccurate portrayals of Muslims in the media and popular culture have far-reaching
consequences, such as the perpetuation of damaging stereotypes, the marginalization of
Muslims, and even the incitement of violence. Media and society at large should present
Muslims more fairly, highlighting their diversity and complexity while countering negative
stereotypes.
With deliberate efforts to create truthful and favorable portrayals of Muslims in media and
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122
Chakraborty, T. (2019). State Funding of Religious Institutions in India: Constituti
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popular culture, prejudice and discrimination against the Muslim community may be
minimized, and understanding and empathy may be developed
123
. One such attempt would be
to support publications and creators of content that are actively working to increase diversity
and inclusion in their respective industries.
Jews
Anti-Semitism and discrimination against Jews
Notwithstanding the gravity of the problem, anti-Semitism and anti-Jewish prejudice in India
tend to get less coverage than other types of discrimination. Mumbai, Kolkata, and Delhi are
home to the majority of India's Jewish population. While they have been an essential part of
Indian culture for millennia, these individuals have always been the target of discrimination
and hatred.
The Jewish community in India has an uphill battle educating the general people about
Judaism and Jewish values
124
. The widespread idea that Jews in India are not true citizens of
the country but are instead outsiders is one example of how this kind of misconception might
lead to prejudice and misunderstanding. The general public runs the danger of ignoring
Jewish holidays and celebrations.
The Jewish community in India must combat anti-Semitism at every level of society,
including religious, social, and cultural biases. This includes verbal and physical abuse, as
well as discrimination in employment, housing, and other sectors.
Moreover, anti-Semitic propaganda has been circulated through numerous online platforms,
which may contribute to an increase in hate against Jews. More has to be done by the
government and civil society of India to combat hate speech like this and raise awareness
about the country's Jewish minority.
Anti-Semitism and anti-Jewish prejudice in India may be combated in part via more interfaith
conversation and cooperation. Cultural interactions, interfaith discussions, and educational
initiatives may all contribute to the spread of familiarity with and appreciation for Jewish
123
Duggal, R. (2018). State Funding of Religious Educational Institutions: An Indian Perspective. Religion & Education, 45(1), 16-32.
124
Gupta, R. (2018). Government Funding and Religious Minority Institutions in India: A Critical Appraisal. Journal of Indian Law and Society, 9(2), 121-140.
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history and customs. The Jewish community in India, like all of India's minority populations, has a right to feel safe and secure in their everyday lives
125
.
Sikhs
Discrimination and prejudice against Sikhs
Discrimination and discrimination against Sikhs is a problem that persists in many areas of
the globe, including India, the United States of America, and numerous other nations with
communities of Sikhs. Because of their distinctive outward appearance, Sikhs are often the
victims of acts of bigotry, harassment, and discrimination. This is due in part to the fact that
Sikh males frequently keep their hair and beards uncut and wear turbans, while Sikh women
may choose to wear headscarves.
Since the 1984 anti-Sikh riots in India, during which thousands of Sikhs were killed after the
assassination of Prime Minister Indira Gandhi by her Sikh bodyguards, Sikhs in India have
been subjected to discrimination and violence
126
. This has been especially true in the
aftermath of the riots, which occurred in 1984. Sikh activists in India have held
demonstrations in recent years against discrimination in education and employment, as well
as for the right to justice for victims of anti-Sikh violence. In the United States, Sikhs have
been the subject of many high-profile hate crimes, the most notable of which being a shooting
that took place at a Sikh temple in Wisconsin in 2012, which resulted in the deaths of six
worshipers. Sikhs have also been the target of discrimination and harassment in the
workplace and other spheres, which is often brought on by misunderstandings about their
faith and way of life. Sikhs often find themselves in the center of larger conversations about
racism, xenophobia, and intolerance toward religious minorities because of the discrimination
and prejudice they experience. Some activists and scholars have also drawn connections
between the discrimination that is faced by Sikhs and other minority religious groups and the
ways in which governments may fund or prioritize certain religions over others, leading to
further marginalization of minority groups. 125
Hussain, M. (2018). A Study of Government Funding to Minority Educational Institutions in India. International Journal of Educational Science and Research, 8(1), 15-20.
126
Jha, P. K. (2018). Government Funding to Religious Minorities: A Study of Constitutional Provisions and Policies in India. Indian Journal of Public Administration, 64(3), 402-422.
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CHAPTER 3.GOVERNMENT AIDS TO RELIGIOUS GROUPS
India is the second most populous country in the world, behind only China, despite
having one of the most religiously diverse populations in the world. Its population is slightly
over 1.2 billion, making it the world's second most populous nation. As Hinduism is practiced
by over 80 percent of the people, it is the main religion in this country.
After Hindus, Muslims make up 13% of the population of India, followed by Christians
(2.3%), Sikhs (1.9%), Buddhists (0.8%), and Jains (0.4%).
[1]. Since India gained its independence in August 1947, the nation has been home to
individuals professing each of these religions, although there have been some instances of
conflict between different religious groups.
According to the Preamble of the Constitution, India is a secular state, meaning that
there is neither a state religion nor a preference for any particular faith. Nevertheless, before
to 1975, this was not the case.
In 1976, the term "secular" was added to the preamble of the 42nd Amendment, which
safeguarded people' freedom of religion and specified that no faith may become the official
state religion
128
. This amendment also stated that no religion may become the official national
religion.
Since that time, the government has enacted a variety of legislative frameworks and
policy measures that are aimed to protect and promote all religions in an equitable manner.
While Hinduism constitutes the majority of India's population, other faiths, including
Islam, Christianity, Sikhism, Parsism, Buddhism, and Jainism, are regarded to be the
country's religious minority. Notwithstanding the fact that the Indian Constitution lays forth
measures with respect to the fundamental rights of minorities, the word "minorities" is not
defined anywhere in the document.
When attempting to define a linguistic or religious minority, the Supreme Court of India
ruled in the case TMA Pai Foundation and Others vs. State of Karnataka and Others[2] that
the population of a state is a more appropriate unit of analysis than the entire nation as a
whole.
128
Mahapatra, B. (2018). Religious Minority Education and Government Funding in India: A Constitutional Perspective. International Journal of Research in Social Sciences, 8(1), 32-43. Mathur, C. (2018). Government
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Funding to Religious Minority Institutions in India: An Analysis. Journal of Law, Ethics and Governance, 6(2),
13-21.
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This decision was made in response to the plaintiffs' argument that the population of the entire country was more relevant.
In this article, we will investigate the many ways in which the government of India
assists India's numerous religious minorities
129
.
3.1.
INDIAN CONSTITUTION SAY ABOUT RELIGIOUS MINORITIES
Everyone has the right to freely profess, practice, and promote the religion of their
choosing; this is guaranteed by Article 25 of the Constitution.
Article 26 of the Constitution guarantees the freedom of religion, which includes the
freedom to: • establish and maintain institutions for religious and charitable purposes; •
manage its own affairs in matters of religion; • own and acquire movable and immovable
property; and
• administer such property in accordance with law.
Without unjustified bias on the part of the government. These two articles were ratified
to ensure the safety of all faiths, but especially of religious minorities, and to clarify that India
is a secular nation.
According to Article 28, no one attending a publicly funded school may be coerced into
participating in any kind of religious teaching or worship.
The rights of minorities are guaranteed under Article 29. The first clause states that
every Indian citizen has the freedom to speak and write in their native tongue and practice
their cultural traditions in whichever manner they see fit inside Indian territory
130
. No state-
supported educational institution should discriminate against a person on the basis of his or
her language, script, or culture.
Article 30 establishes a fundamental minority right by allowing them to develop and
lead educational institutions of their choosing. Article 2 specifies that the government must
treat all religious and linguistic minorities equally when funding such organizations.
129
Agarwal, A. (2019). Religious Minority Institutions and Government Funding in India. Economic and Political Weekly, 54(7), 21-24.
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130
Chaturvedi, P. (2018). The Constitutional Conundrum of Government Funding to Religious Institutions in India. Indian Journal of Constitutional and Administrative Law, 2(1), 38-50.
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In the case of Ravneet Kaur v. Christian Medical College, the Supreme Court ruled that
a privately funded college may not use religious affiliation as a factor in admissions.
The Supreme Court ruled in the case Managing Board of the Milli Takimi Mission
Bihar & Ors. vs. State of Bihar & Ors.[4] that the right to establish a minority institution is
protected by Article 30 of the constitution, and that any refusal to grant affiliation or
recognition by statutory authority without reasonable grounds would constitute a violation of
this right
131
..
3.2.
VARIOUS GOVERNMENT AIDS PROVIDED FOR PILGRIMAGE
The Haj Subsidy
The practice of subsidizing Muslim pilgrims' trips to Mecca and Madina dates back to
before the colonial era. In 1959, the Indian government passed the Haj Committee Act to
create a committee in Bombay to aid Muslim pilgrims going to Saudi Arabia, Syria, Iraq,
Iran, and Jordan. This law effectively superseded the 1932 Act.
Air India, a government-run airline, and Saudia, the national airline of Saudi Arabia,
oversaw the flights.
The Supreme Court ruled in 2012 that the Indian government's role in subsidizing Haj
pilgrims was unconstitutional and contrary to Islamic beliefs, and ordered that the subsidy be
phased out entirely by 2022.
The BJP Government responded to the directive by gradually eliminating the subsidy in
2018, with the intention of using the savings to improve educational opportunities for Muslim
girls.
Hindu Subsidies
The four Kumbh Melas are the most visible instances of government support for Hindu
religious events, with the government spending over a thousand crores yearly on each one
132
.
In 2016, the Ujjain Kumbh got a total of Rs. 3,400 crore, including Rs. 3,400 crore from the
state government.
131
Choudhary, S., & Kumar, R. (2018). A Study of Government Funding to Minority Educational Institutions in India. International Journal of Trend in Scientific Research and Development, 3(6), 8-10.
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132
Dash, B. (2018). Saffronisation of Education: A Study of Government Funding to Minority Institutions in India. Economic and Political Weekly, 53(51), 18-21.
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The government of Uttar Pradesh, headed by Yogi Adityanath, said it will spend over Rs.
2500 crore preparing for the Ardh Kumbh mela in 2019.
Under a bilateral agreement between India and China, the government spends almost
6,000 crores on the Manasarovar Yatra, which covers everything from the food and lodging
of each pilgrim to their safety and medical care.
Government practices have been called illegal and against the secularity of the nation
on several occasions, including the suspension of Haj subsidies on the one side and spending
by state and federal governments on Hindu festivals on the other
133
.
3.3.
DIFFERENT GOVERNMENT SCHEMES TO AID EDUCATION IN MINORITIES
The government has been providing funding for madrasas under the Scheme for
Providing Quality Education in Madrasas (SPQEM) for a number of years now in order to
improve the quality of education that is being given to children in the areas of science,
mathematics, social studies, and the Hindi and English languages. According to a survey
conducted by the NIEPA, around 1,138 crore rupees have been donated to some 21,000
madrasas so far. For the 2017–18 fiscal year, the Central Government allotted a total of 120
crores for the program, of which 108 crores were spent. For the 2018–19 fiscal year, the
Government devised a plan to divide the contribution between the center and the state in the
proportion of 60:40. However, this strategy resulted in a number of administrative delays, and
throughout that year, only Rs. 18.25 crore was actually spent
134
.
In the fiscal year 2020-21, the government has planned to raise the budget allocation to
a total of Rs. 220 crores, which would result in an increase in financing of about 80%.
Despite the fact that the government spends millions of rupees on religious celebrations and
on the financial support of religious institutions belonging to religious minorities, it is still
possible
133
Mohan, B., & Bhavya. (2018). A Critical Appraisal of Government Funding to Minority Educational Institutions in India. Indian Journal of Comparative Constitutional Law and Administrative Law, 6(2), 50-60.
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134
Narayanan, V. K., & Harikrishnan, K. (2018). Government Funding to Religious Minority Institutions in India: A Study. International Journal of Pure and Applied Mathematics, 119(12), 1207-1215.
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for members of a different community or the majority to criticize the government for its
assistance of religious minorities, viewing this assistance as unconstitutional and as going
against the country's goal of maintaining its secular character. The government has done away
with many antiquated methods of funding and is making an effort to concentrate on the
development of the nation as a whole; however, there are still a variety of government
schemes and programs that have a tendency to discriminate among citizens, which in turn
causes communal tensions among those citizens
135
. In order for India to be a secular country
not just on paper but in practice as well, the government will have to prioritize the general
development of an area or state rather than the political agendas of any particular community.
This will allow India to live up to its ideal of being a secular nation.
135
Bhattacharjee, M. (2020). State funding of Hindu temples, a constitutional debate. Economic & Political Weekly, 55(1), 20-23.
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CHAPTER 4. ARTICLES
STATING ABOUT RELIGIOUS MINORITIES
We have an obligation to outlaw any kind of unequal treatment and pursue legislation that, in
line with Article 14 of the Indian constitution, may provide for equal treatment. If anyone,
including the Prime Minister or an ordinary citizen, commits an act that is not legally
justifiable, then the law regards everyone equally and imposes the same duties on everyone.
This is in accordance with the first provision of Article 14 of the Constitution, which is titled
"Equality Before the Law." The wearing of a blindfold by Lady Justice is meant to represent
that all parties are on an equal standing before the law.
Article 15 of the Constitution of India makes it illegal to discriminate against a person on the
basis of their religion, race, caste, gender, or the location where they were born. This suggests
that people are safeguarded from prejudice in all aspects of public life, including access to
jobs, education, and public amenities
136
.
This provision of the Constitution has been maintained by the Indian Supreme Court in a
number of judgements that are considered to be important. In the case of M.R. Balaji v. State
of Mysore, which was heard in 1963, the Supreme Court decided that it is against the law for
the state to provide preference in admissions to students of a certain religion or caste. In the
case State of Kerala v. N.M. Thomas, which was heard in 1976, the Supreme Court decided
that it was against the law to discriminate against someone because of their religious beliefs.
The killing that took place in Hashimpura is yet another important illustration of bigotry
towards religious minorities. It is believed that members of the Uttar Pradesh Provincial
Armed Constabulary were responsible for the deaths of forty-two Muslims in the year 1987.
(PAC). Residents of Hashimpura were rounded up and taken to a canal near Meerut, where
they were put to death by gunshot and then discarded. In 2015, a court in Delhi ruled that
there was insufficient evidence to convict any of the 16 defendants, and the case was
dismissed.
In recent years, there have been several instances of discrimination directed at India's
religious minority. For instance, the Citizenship Amendment Act (CAA) of 2019 was
criticized for being prejudiced against Muslims since it provided accelerated citizenship to
non-Muslim refugees
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136
Chakraborty, T. (2019). State Funding of Religious Institutions in India: Constituti
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from Pakistan, Afghanistan, and Bangladesh
137
. This led some to believe that the law
discriminated against Muslims. Protests occurred in every region of the country as a result of
the widespread belief that the proposal violated the Constitution's guarantees of secularism
and equality.
Article 15 of the Indian Constitution, which stipulates that religious minorities inside the
country are entitled to certain rights, has been interpreted and put into practice with a
significant amount of assistance from the Indian legal system. Further efforts are necessary in
order to ensure that all people, regardless of their religion, race, caste, sex, or place of birth,
are treated equally. This equality must be maintained. In spite of this, discrimination against
religious minorities is still a contentious subject in India.
In sectors of public employment, the Indian Constitution, Article 16, makes it illegal to
discriminate on the basis of a person's religion, race, caste, sex, or place of birth and ensures
that everyone has an equal chance to succeed. No citizen may be given preferential treatment
in relation to employment or appointment to any post within the state that is based on their
religion, race, caste, sex, descent, place of birth, or domicile, as stated in this article,
according to the terms of their citizenship
138
.
The relevance of Article 16 in the fight against discrimination and the advancement of equal
opportunity is something that the Supreme Court of India has emphasized on several
occasions. According to Article 14 of the Indian constitution, we are required to make
discrimination illegal and to lobby for laws that will guarantee that everyone is treated in an
equitable manner. If anyone, including the Prime Minister or an ordinary citizen, commits an
act that is not legally justifiable, then the law regards everyone equally and imposes the same
duties on everyone. This is in accordance with the first provision of Article 14 of the
Constitution, which is titled "Equality Before the Law." The blindfold worn by Lady Justice
is a metaphor for the fact that everyone is on an equal footing before the law.
Article 15 of the Constitution of India makes it illegal to discriminate against a person on the
basis of their religion, race, caste, gender, or the location where they were born. This suggests
137
Agarwal, A. (2019). Religious Minority Institutions and Government Funding in India. Economic and Political Weekly, 54(7), 21-24.
138
Hussain, M. (2018). A Study of Government Funding to Minority Educational Institutions in India. International Journal of Educational Science and Research, 8(1), 15-20.
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that people are safeguarded from prejudice in all aspects of public life, including access to
jobs, education, and public amenities
139
.
This provision of the Constitution has been maintained by the Indian Supreme Court in a
number of judgements that are considered to be important. In the case of M.R. Balaji v. State
of Mysore, which was heard in 1963, the Supreme Court decided that it is against the law for
the state to provide preference in admissions to students of a certain religion or caste. In the
case State of Kerala v. N.M. Thomas, which was heard in 1976, the Supreme Court decided
that it was against the law to discriminate against someone because of their religious beliefs.
The killing that took place in Hashimpura is yet another important illustration of bigotry
towards religious minorities. It is believed that members of the Uttar Pradesh Provincial
Armed Constabulary were responsible for the deaths of forty-two Muslims in the year 1987.
(PAC). Residents of Hashimpura were rounded up and taken to a canal near Meerut, where
they were put to death by gunshot and then discarded. In 2015, a court in Delhi ruled that
there was insufficient evidence to convict any of the 16 defendants, and the case was
dismissed
140
.
In recent years, there have been several instances of discrimination directed at India's
religious minority. For instance, the Citizenship Amendment Act (CAA) of 2019 was
criticized for being prejudiced against Muslims since it provided accelerated citizenship to
non-Muslim refugees from Pakistan, Afghanistan, and Bangladesh. This led some to believe
that the law discriminated against Muslims. Protests occurred in every region of the country
as a result of the widespread belief that the proposal violated the Constitution's guarantees of
secularism and equality.
Article 15 of the Indian Constitution, which stipulates that religious minorities inside the
country are entitled to certain rights, has been interpreted and put into practice with a
significant amount of assistance from the Indian legal system. Further efforts are necessary in
order to ensure that all people, regardless of their religion, race, caste, sex, or place of birth,
are treated equally
141
. This equality must be maintained. In spite of this, discrimination
against religious
139
Kumar, G. (2018). State Funding of Religious Education in India: Constitutional and Policy Issues. Religion & Education, 45(1), 33-46.
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140
Jha, P. K. (2018). Government Funding to Religious Minorities: A Study of Constitutional Provisions and Policies in India. Indian Journal of Public Administration, 64(3), 402-422.
141
Dash, B. (2018). Saffronisation of Education: A Study of Government Funding to Minority Institutions in India. Economic and Political Weekly, 53(51), 18-21.
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minorities is still a contentious subject in India.
In sectors of public employment, the Indian Constitution, Article 16, makes it illegal to
discriminate on the basis of a person's religion, race, caste, sex, or place of birth and ensures
that everyone has an equal chance to succeed. No citizen may be given preferential treatment
in relation to employment or appointment to any post within the state that is based on their
religion, race, caste, sex, descent, place of birth, or domicile, as stated in this article,
according to the terms of their citizenship. The ruling that was handed down by the Supreme
Court in the case of State of Punjab v. Hiralal said that any violation of Article 16 would be
considered a violation of a basic right that was guaranteed by the Constitution
142
.
In the case of Indra Sawhney v. Union of India, the Supreme Court of India came to the
conclusion that affirmative action policies that aim to help economically and educationally
disadvantaged groups do not violate Article 16 of the Indian Constitution, unless those
policies also aim to help particular religious or ethnic groups. Also, the court decided that a
person's religion or caste identity cannot serve as the principal justification for any form of
quota.
It has been stated that discrimination based on caste or religion occurred in several situations
involving public employment. For instance, in Mohammad Shujat Ali v. Union of India, the
petitioner alleged that he had been the target of discrimination with regard to his progress
because of his religious affiliation. The court came to the conclusion that in order to uphold
the principles of natural justice, the petitioner needed to be given the opportunity to present
their case before the appropriate authority.
When it comes to applying for employment in the public sector in India, Article 16 is
essential for preventing discrimination and ensuring that all candidates are treated fairly. The
interpretation and execution of the provision by the judiciary have ensured that all people,
regardless of their religious or ethnic backgrounds, have an equal opportunity to succeed
143
.
People are guaranteed the freedom to worship and propagate their chosen religion by Article
25 of the Constitution of India; however, this right is subject to some reasonable restrictions
142
Choudhary, S., & Kumar, R. (2018). A Study of Government Funding to Minority Educational Institutions in India. International Journal of Trend in Scientific Research and Development, 3(6), 8-10.
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143
Chaturvedi, P. (2018). The Constitutional Conundrum of Government Funding to Religious Institutions in India. Indian Journal of Constitutional and Administrative Law, 2(1), 38-50.
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that are put in place for the purpose of maintaining public order, health, and morality. In a
democratic and multiethnic society, the goal of this article is to safeguard the rights of
individuals to freely practice their religion without the threat of being persecuted or
discriminated against.
In addition, the article safeguards individuals' rights to freely practice their religions, which
includes the establishment of houses of worship and charitable organizations
144
. Because of
this freedom, religious organizations are able to conduct themselves in a manner that is
compatible with the fundamental ideas and beliefs that guide them.
There have been several significant rulings that have explored the scope of Article 25 as well
as its constraints. In the case of Sardar Syedna Taher Saifuddin Saheb v. State of Bombay
(1962), the Supreme Court of India came to the conclusion that the freedom to propagate
one's beliefs does not include the right to convert another individual to one's religion by the
use of force or trickery. The right to propagate one's faith does not extend to the use of
immoral or coercive tactics in an effort to convert other individuals, as the court has made it
very apparent.
This includes the freedom to administer religious assets, operate religious institutions, and
perform religious rituals, as established by the Supreme Court in the 1954 case
Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar
of Sri Shirur Mutt
145
. This case concerned the administration of Hindu religious endowments
in the state of Madras. In addition to this, the court made it very plain that the government has
no right to interfere with the religious observances of a community.
Another major case that deals with the theme of religious freedom is the Sabarimala temple
case (2018), in which the Supreme Court reversed a lower court's restriction on women of all
ages attending the Sabarimala shrine in Kerala. The court has ruled that Articles 14, 15, and
25 of the Constitution make it illegal to discriminate on the basis of a person's race or
religion.
The Indian nation's judicial system has played an essential role in interpreting and applying
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144
Mohan, B., & Bhavya. (2018). A Critical Appraisal of Government Funding to Minority Educational Institutions in India. Indian Journal of Comparative Constitutional Law and Administrative Law, 6(2), 50-60.
145
Bhattacharjee, M. (2020). State funding of Hindu temples, a constitutional debate. Economic & Political Weekly, 55(1), 20-23.
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Article 25 in a manner that promotes religious harmony and tolerance. This clause is very
important in protecting people's rights to freely practice and declare their religion because of
the role it plays in safeguarding such rights.
There are two articles that may be found under the section on cultural and educational rights.
This is made very apparent in both Article 29 and Article 30 of the Constitution of India
146
.
Article 29 of the Constitution ensures that the rights of all groups, including minority groups,
are protected. In accordance with clause number one, every individual who resides within the
boundaries of India is granted the right to preserve and develop their indigenous language,
script, literature, and culture. Under the second sentence, it is forbidden for educational
institutions that are financed by the state to discriminate against students on the basis of
protected characteristics such as race, caste, religion, or language.
This provision provides the same level of protection to the citizens of each and every town.
Article 30 is very important for the underprivileged groups in India. Article 30(1) grants
minority groups the right to create and run a school of their choice in order to maintain their
cultural practices and historical knowledge
147
. Article 30(1A) of it provides protection for
educational institutions that primarily serve members of a minority group in the event that a
forced acquisition takes place. The state is not permitted to place any restrictions on the
safeguards offered by the clause, regardless of the amount of money that is necessary to
acquire the property (1). According to paragraph 2 of Article 30, the government is prohibited
from giving preference to one religious or linguistic minority over another when allocating
financing for schools that are operated by that group.
There is a frequent misconception that the scope of Article 29 is more extensive than that of
Article 30, however this is not the case. Article 30 mainly tackles religious and linguistic
minorities, but Article 29 applies to all inhabitants of India. Article 30, on the other hand,
may be enforced against anybody, regardless of whether or not they are citizens of India.
Article 29 only pertains to Indian people. In the case of S.K. Patro v. State of Bihar, which
was heard by the Supreme Court, the court ruled that the right to assert one's rights under
Article 30 may
146
Mahapatra, B. (2018). Religious Minority Education and Government Funding in India: A Constitutional Perspective. International Journal of Research in Social Sciences, 8(1), 32-43.
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147
Duggal, R. (2018). State Funding of Religious Educational Institutions: An Indian Perspective. Religion & Education, 45(1), 16-32.
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only be exercised by members of a minority group who are either citizens or permanent
residents of India
148
. Those who are neither citizens of India nor permanent residents are not
eligible for protection under Article 30 of the constitution.
Miscellaneous articles in Indian Constitution
There are provisions in the Constitution of India that, either expressly or indirectly, provide
members of India's many minority groups with specific rights and privileges.
Article 38 requires that the state construct a social order that, in terms of money, position,
facilities, and opportunities, promotes the welfare of its people and is permeated by justice on
all fronts. This provision necessitates that the state establish a social order
149
.
Article 39 ensures that all individuals have the right to free legal counsel and equality before
many levels of justice. It mandates that the government must provide everyone with a quality
of living that is at least adequate and must distribute money equitably for the common good
of all citizens. In addition to this, it ensures that persons of equal abilities are paid the same
for comparable work and that young people are supplied with the tools they need to thrive
and develop their potential.
Article 46 is a discussion of the ideas held by Gandhi. It gives the government the ability to
take steps to combat social injustice and economic exploitation, and it enables the
government to assist disadvantaged groups in improving their education and job
opportunities.
Article 347 of the Constitution gives the President the power to legally recognize a language
that is spoken by a sizeable minority of the overall population.
The specific provisions included in Articles 331, 333, 334, 336, and 337 guarantee that Anglo
Indians would be represented equitably in both the federal and state legislatures
150
.
148
Gupta, R. (2018). Government Funding and Religious Minority Institutions in India: A Critical Appraisal. Journal of Indian Law and Society, 9(2), 121-140.
149
Mathur, C. (2018). Government Funding to Religious Minority Institutions in India: An Analysis. Journal of Law, Ethics and Governance, 6(2), 13-21.
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150
Narayanan, V. K., & Harikrishnan, K. (2018). Government Funding to Religious Minority Institutions in India: A Study. International Journal of Pure and Applied Mathematics, 119(12), 1207-1215.
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Article 350 of the Constitution provides for the position of Special Officer for Linguistic Minority to be filled (B)..
Important case laws
The case DAV College, Bathinda v. State of Punjab provides important background information on the rights of minorities to educate in their mother tongues. The university requires that all associated institutions use Punjabi as their primary language of teaching, and this requirement applies to all of the schools. Article 30 was interpreted by the court to mean that minorities have the right to start and run their own schools without interference from the government. The courses offered by the university shamelessly ignored students' basic right to receive instruction in Hindi, which is most likely their native tongue (1)
151
. In the end, it is up to individual minority schools to make decisions on recruitment, but universities need to have the right to make recommendations regarding the fundamental standards for their personnel. According to the precedent set by the case of Ravneet Kaur v. Christian Medical College, private educational institutions that do not receive any kind of governmental funding are not permitted to take an applicant's religious affiliation into consideration when making admissions decisions.
State of Madras v. Champakam was the first lawsuit to challenge Article 29(2) of the
constitution. According to Article 29 of the constitution, the Supreme Court ruled that the
classifications used by the government based on factors such as race, religion, and caste were
unconstitutional. (2).
The Kerala Education Law provides safeguards for teachers' rights to fair remuneration and
safe working conditions for themselves and their students. When institutions for minorities
were founded in accordance with Article 30, such institutions were subject to the same
protections. The minority school asserted that the rules limiting salary, appointment, and
basic qualification violated its right to utilize administrative discretion as it saw fit and
thereby violated its constitutional rights
152
. The Supreme Court came to the conclusion that
schools are not allowed to abuse instructors in the name of minority rights since the state is
already ensuring the safety of those who work in such institutions by requiring a minimum
pay and qualifications.
The United States Supreme Court, in the case Management Board of the Milli Takimi Mission
151
Chakraborty, T. (2019). State Funding of Religious Institutions in India: Constituti
152
Mathur, C. (2018). Government Funding to Religious Minority Institutions in India: An Analysis. Journal of Law, Ethics and Governance, 6(2), 13-21.
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Bihar & Ors. v. State of Bihar & Ors., ruled that people of minority groups have the same
right as other citizens to form their own organizations. In accordance with the provisions of
Article 30(1) of the Constitution, people are shielded from having their rights to affiliation
and recognition infringed in the absence of a sufficient justification.
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CHAPTER 5- MAIN SUBSIDIES INDIA PROVIDES TO RELIGIOUS GROUPS
5.1. Subsidies for Hajj pilgrims
It has long been a source of contention that the Indian government subsidizes Hajj tourists.
Every year, devout Muslims who are in good health and have the means to do so make the
Hajj, a pilgrimage to Mecca in Saudi Arabia. Eligible Muslim pilgrims in India may get
subsidies from the government to assist defray the expenses of the Hajj.
Indian Muslims over the age of 18 who have not completed the Hajj in the preceding five
years are eligible for the stipend, which is distributed by the Ministry of Minority Affairs.
The grant will help with the pilgrims' lodging and transportation expenses
153
.
Legal action has been taken against the subsidy on the grounds that it breaches the secular
aspect of the Indian Constitution, which forbids the state from endorsing or supporting any
one religion. The subsidy was declared unlawful by India's highest court in 2012, at which
point the government began a ten-year process to eliminate it.
After announcing the subsidy's elimination beginning in 2018, the government said the
savings will be used toward minority community initiatives promoting education and social
progress.
The decision to eliminate the subsidy has been met with mixed reactions among Muslims,
with some condemning it and others seeing it as a step toward a more secular and inclusive
society. In 2018, the government of India discontinued its support for Hajj travelers. Before
then, the government gave the funding to enable Indian Muslims afford the trip to Mecca,
Saudi Arabia, to perform the Hajj pilgrimage. Travel, lodging, and other services were
subsidized at a reduced rate
154
.
Several people felt the subsidy was unfair since it favored one religious group over another
and violated the secularist ideals contained in the Indian Constitution. The Indian Supreme
Court
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ordered in 2012 that the Hajj subsidy should be eliminated over a period of 10 years, with the
savings going toward the Muslim community's social and educational needs.
The government announced the early elimination of the subsidy in 2018, claiming the
necessity to redirect the money to the education and welfare of minority populations
155
. A
new program, called the Hajj Umrah Program, was also introduced by the government to help
Muslims who want to do the Hajj or Umrah trip but don't have the money to do so..
Others saw the decision made by the government to stop providing funds for the Hajj as part
of an endeavor to cultivate a society that is more secular and inclusive, and in which
members of certain religious groups are not granted preferential treatment. Nonetheless, some
Muslims have voiced their concern that the new plan does not adequately take into account
their religious practices and beliefs. They argue that everyone should be given the same
safeguards to protect themselves.
The Muslim minority in India is encouraged to exercise their right to freedom of religion and
practice via the provision of subsidies for Hajj pilgrims. The pilgrimage known as Hajj is one
of the five pillars of Islam and has a great deal of importance for Muslims all over the world.
It is very important for the Muslim community as a whole, and in particular for those who
come from poorer socioeconomic conditions, to be able to pay the Hajj trip
156
. This ensures
that people from all different socioeconomic backgrounds are able to freely follow the
religion of their choosing without being subjected to harassment or discrimination.
In addition, the decision made by the Indian government to support Hajj pilgrims is very
beneficial to the tourist industry as well as other related industries in India. As a result of the
fact that the Hajj pilgrimage takes place in Saudi Arabia, this also helps create diplomatic
links between India and that nation.
The government of India provides financial assistance to Hajj pilgrims, which has important
ramifications for the promotion of social involvement and togetherness, as well as positive
effects on religious liberty and economic expansion.
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5.2.
Subsidies for Kumbh Mela pilgrims
Every year, the Kumbh Mela is attended by millions upon millions of devout Hindus who
travel from all across India to be there. The government of India provides pilgrims with a
number of free services and privileges in various forms.
Participants in the Kumbh Mela are eligible for a number of subsidies, including but not
limited to the following:
The government offers Dharmashalas, which are similar to rest homes, as well as tents and
other types of temporary shelters, to pilgrims either for free or at a significant discount
157
.
The government will equip pilgrims with specialized buses and trains, and the fee for these
rides will either be waived entirely or significantly discounted.
Pilgrims do not have to pay for their medical care as a result of the temporary hospitals and
medical camps that are administered by the government.
To ensure the safety of the pilgrims, the government deploys a large number of police officers
and private security personnel.
The government sets up community kitchens known as "langars," in which pilgrims may get
food and drink at no cost or at a significantly discounted price.
Despite the fact that these subsidies are beneficial, some individuals have expressed concern
over the cost of the Kumbh Mela as well as the responsibility of the government in
financially supporting a religious festival
158
. Some individuals believe that the government
should cease providing financial support to a single religion and instead begin assisting all of
its citizens in affording the essentials of life.
While the event takes place in four different towns throughout India every 12 years, the
Kumbh
157
Jha, P. K. (2018). Government Funding to Religious Minorities: A Study of Constitutional Provisions and Policies in India. Indian Journal of Public Administration, 64(3), 402-422.
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158
Duggal, R. (2018). State Funding of Religious Educational Institutions: An Indian Perspective. Religion & Education, 45(1), 16-32.
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Mela is held in Allahabad (now Prayagraj), which is located in the northern state of Uttar
Pradesh. This is the largest and most well-known Kumbh Mela that has ever taken place.
During the Kumbh Mela, local devotees join the millions of visitors who travel from all over
the world to participate in religious rituals.
The Indian government provides several forms of financial assistance and subsidies to the
vast number of pilgrims, including the following examples:
During the Kumbh Mela, temporary camps or tents are erected specifically for the event, and
the government provides free or subsidized lodging for pilgrims in these areas where they are
staying
159
. There is no need to worry since you will have access to everything you need,
including food, drink, and mattresses.
Transportation on buses, trains, and boats, which are all supplied by the government for free
or at a reduced rate, is available to pilgrims throughout the holiday.
In order to maintain order and ensure the pilgrims' safety during the Kumbh Mela, the
government deputizes a significant number of police and other security personnel.
In the area around the Kumbh Mela, the government invests money to improve infrastructure
including roads, bridges, and sewage facilities.
Some have contended that the significant subsidies provided by the government for the
Kumbh Mela are unjustly biased towards non-Hindu religious groups since these
organizations do not get the same amount of aid from the state for their own pilgrimages. On
the other hand, supporters of the Kumbh Mela argue that the subsidies are necessary because
of the large number of pilgrims who attend as well as the fact that the event is unique and
significant to the Hindu community.
Not only does the government of India provide financial support for the Kumbh Mela, but it
also provides assistance with its organization and logistics
160
. The Kumbh Mela is the largest
159
Gupta, R. (2018). Government Funding and Religious Minority Institutions in India: A Critical Appraisal. Journal of Indian Law and Society, 9(2), 121-140.
160
Choudhary, S., & Kumar, R. (2018). A Study of Government Funding to Minority Educational Institutions in India. International Journal of Trend in Scientific Research and Development, 3(6), 8-10.
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religious festival that takes place anywhere in the globe. The preparations for the trip include
a number of different aspects, including the building of temporary roads and bridges, the
installation of sanitary facilities, as well as the provision of electricity and water supplies. To
ensure that pilgrims are able to take use of the myriad of facilities and opportunities that are
offered to them during the Kumbh Mela, the government assists them in being registered and
provides them with identification cards. All of these safety measures are put into place to
ensure that the Kumbh Mela can accommodate the millions of pilgrims that show up each
year, and they also contribute to the event's ability to function without a hitch and make the
most of its resources
161
.
5.3. Subsidies for the maintenance of religious institutions
The maintenance of a number of temples and other religious structures located all throughout
India is supported financially by the Indian government. This kind of finance is available to
historical landmarks, religious structures (including churches, mosques, and gurudwaras), and
other places of worship. The Indian government is paying subsidies to assist sustain temples
and other sites of worship, despite the fact that religious tourism is a key contribution to
India's economy.
For example, in 2015 the government of India launched a program called "Heritage Cities
Development and Augmentation Yojana" (HRIDAY), which is intended to provide funding
for the preservation and revival of cultural and religious sites in India. These monetary
allocations are supporting the installation of contemporary amenities, the maintenance of
historical landmarks, and the development of new tourism infrastructure
162
.
Both the "Scheme of Financial Help for Preservation of Heritage Sites, including
Archaeological Sites and Remains" and the "Scheme for Maintaining the Heritage Character
of Cities/Towns" provide financial assistance to the Ministry of Culture for the purpose of
maintaining religious structures. This assistance can be used to pay for renovations and
repairs. The Indian government offers financial assistance to religious organizations so that
these groups may continue to carry out their missions and serve the people for whom they
were
161
Hussain, M. (2018). A Study of Government Funding to Minority Educational Institutions in India. International Journal of Educational Science and Research, 8(1), 15-20.
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162
Dash, B. (2018). Saffronisation of Education: A Study of Government Funding to Minority Institutions in India. Economic and Political Weekly, 53(51), 18-21.
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founded.
Through a program referred to as "subsidies for the maintenance of religious institutions," the
Indian government provides financial assistance to places of worship, including temples,
mosques, gurudwaras, churches, and other places of worship, in order to assist with
maintenance and repairs
163
. These subsidies are made available by the government to ensure
that these houses of worship may continue to safeguard and preserve the religious and
cultural traditions of their respective communities. The majority of the time, financial
assistance is provided in the form of grants, and these awards are doled out based on the
importance and size of the organization.
Although these funds were established to promote and facilitate the upkeep of religious
traditions, there has been a significant amount of controversy around them. Certain people in
India hold the view that the state should not provide financial support to religious
organizations, and they have voiced their opposition to the secularism provision in the Indian
Constitution. Some in favor of such financing argue that it is necessary for the preservation of
cultural and historical sites and that it does not go against the concept of secularism since it is
allocated in an equal manner among the many groups that represent each of the world's major
religions.
In India, many instances of sponsored religious groups include places of worship such as
temples, mosques, churches, gurdwaras, and other houses of worship. Maintenance, repairs,
and extension of these facilities have all been made possible thanks to financial support
supplied by the Indian government
164
. For example, the Indian government provides funding
for the Archaeological Survey of India (ASI), which is responsible for ensuring the security
of India's historical monuments. In addition, the government of Tamil Nadu established a
department named the Hindu Religious and Charitable Endowments Department in order to
manage the many temples that are located inside the state. In order to promote minority
education and culture, the government of India provides financial assistance to minority
institutions. These institutions include those that are run by religious minorities such as
Muslims, Christians, Sikhs, and other religious groups. These awards are intended to protect
India's religious institutions and to keep the country's illustrious cultural and religious
heritage alive.
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Kumar, G. (2018). State Funding of Religious Education in India: Constitutional and Policy Issues. Religion & Education, 45(1), 33-46.
164
Chakraborty, T. (2019). State Funding of Religious Institutions in India: Constituti
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5.4. Subsidies for the education of religious minority communities
The Indian government provides financial assistance to the schools attended by the children
of India's Muslim and Christian minorities since these groups traditionally have lower rates of
literacy and face more socioeconomic challenges
165
. Programs run by the government such as
the Maulana Azad Education Foundation and the National Minority Development and
Finance Corporation provide financial assistance to educational institutions that cater to the
needs of racial and ethnic minorities. Students who come from underrepresented groups who
are interested in furthering their education might qualify for financial aid in the form of
scholarships and reduced tuition prices. Education is one of the fundamental rights
guaranteed to all people by the Constitution of India, including those who are members of
historically oppressed minority groups. The fulfillment of this constitutional requirement is
helped along by these subsidies.
The Indian government provides several educational subsidies to the country's religious
minorities in order to support their growth and development. These grants are meant to help
with the cost of education in low-income communities and to encourage more students to
enroll. Students who come from groups that are underrepresented in higher education are
given financial support from the government in order to encourage them to continue their
study. There are three distinct types of scholarships that come under this category: pre-
matriculation, post-matriculation, and merit-based
166
. Also, the government helps fund the
establishment of and continues to maintain educational institutions for members of religious
minorities.
Also, the government has developed a variety of initiatives to fund the education of religious
groups who are underrepresented in the general population. For instance, the Maulana Azad
National Fellowship Program provides financial assistance to students from disadvantaged
backgrounds so that they may attend college. In addition, the plan provides funding for
research in the fields of the humanities, social sciences, and natural sciences. Girls who come
from underrepresented groups and graduate from secondary school are eligible to submit
funding applications for the National Program of Incentive to Girls for Secondary Education
(National Program of Incentive to Girls for Secondary Education).
165
Chaturvedi, P. (2018). The Constitutional Conundrum of Government Funding to Religious Institutions in India. Indian Journal of Constitutional and Administrative Law, 2(1), 38-50.
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166
Agarwal, A. (2019). Religious Minority Institutions and Government Funding in India. Economic and Political Weekly, 54(7), 21-24.
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These many avenues of financial support are very necessary for increasing access to
educational opportunities and giving voice to underrepresented communities. They contribute
to the objective of reducing educational segregation based on socioeconomic position, which
is one of the goals that they contribute to
167
.
The following are examples of how the educational system in India provides subsidies for
minority religious groups.
The Maulana Azad National Fellowship provides financial assistance to minority students
who are pursuing higher degrees such as an MPhil or PhD. Eligible candidates include
Muslims, Christians, Sikhs, Buddhists, and Parsis.
Students from underrepresented groups in the United States who are enrolled in
undergraduate or graduate school are eligible to apply for support under the National
Scholarship Program for Minorities.
The Pre-Matric Scholarship Program for Minorities is a scholarship program that was
developed by the government with the intention of encouraging minority students who are
currently enrolled in grades 1 through 10 to continue their education
168
.
The Minority Post-Matric Scholarship Program is a scholarship program that assists students
from underrepresented groups with the financial burden of attending college by paying their
living expenses, tuition, and other associated costs.
Under the Merit-cum-Means Scholarship Program, students who come from
underrepresented groups and whose families make less than an annual sum are considered for
scholarship awards. These students are either in their undergraduate or graduate years of
study in various professional or technical areas of study.
There are a few legal hurdles to get over in order to help subsidize the education of India's
167
Kumar, G. (2018). State Funding of Religious Education in India: Constitutional and Policy Issues. Religion & Education, 45(1), 33-46.
168
Hussain, M. (2018). A Study of Government Funding to Minority Educational Institutions in India. International Journal of Educational Science and Research, 8(1), 15-20.
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religious minority. According to Article 30(1) of the Indian Constitution, every religious and
linguistic minority in India has the right to form and manage its own schools. This right
applies to both religious and linguistic minorities. This includes the chance to submit an
application for and receive financial assistance from the state
169
. The government has
developed a variety of programs and initiatives, such as the Pre-Matric Scholarship for
Minority Students and the Maulana Azad National Fellowship, in order to provide financial
assistance for the purpose of education to members of minority communities.
Yet, the validity of such donations has sometimes been called into doubt in legal proceedings.
The most important case ever heard by the Supreme Court was TMA Pai Foundation v. State
of Karnataka. In that decision, the court decided that minority organizations do not have the
authority to exclude members of other communities from attending their schools. The court
also decided that the state may financially support such groups, but it cannot interfere with
them in any other way.
In a different case, Islamic Academy of Education v. State of Karnataka, the Supreme Court
came to the conclusion that the government has the authority to impose reasonable
regulations on minority educational institutions
170
. This was done in order to preserve the
overall quality of the educational system and prevent instances of abuse of authority. The
court also decided that religious organizations cannot get support from the government for the
purpose of evangelism; however, the court did find that religious organizations might receive
funding for educational programs and institutions.
Even if it is the obligation of the government of India to fund the education of religious
minorities, it must do so in a manner that does not discriminate against other groups and does
not infringe on their rights.
5.5. Subsidies for the protection of religious minority communities
In addition to the subsidies described above, the government of India provides financial
assistance to ensure the protection of populations who belong to religious minorities. This
kind
169
Dash, B. (2018). Saffronisation of Education: A Study of Government Funding to Minority Institutions in India. Economic and Political Weekly, 53(51), 18-21.
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170
Duggal, R. (2018). State Funding of Religious Educational Institutions: An Indian Perspective. Religion & Education, 45(1), 16-32.
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of assistance is provided with the intention of protecting religious minorities, who are
disproportionately impacted by acts of communal violence and discrimination. The Ministry
of Home Affairs has established a unique fund known as the Security Related Expenditure
(SRE) Plan with the intention of assisting the states and union territories in strengthening
their security preparedness in areas that have been severely impacted by extremism and
terrorism
171
. In accordance with this strategy, security officials will be stationed in high-risk
areas in order to maintain peace and prevent violence between different communities.
In addition, the National Commission for Minorities (NCM) is a government entity that was
established in 1992 in accordance with the National Commission for Minorities Act and is
tasked with the responsibility of protecting India's religious minorities and guaranteeing their
well-being. Also, the NCM provides financial assistance in the form of grants to minority
groups. These funds may be used for activities such as education, job placement, and training.
In addition, the commission organizes a large number of educational initiatives with the goals
of promoting tolerance and discouraging intolerance against members of minority groups
172
.
The Constitution of India makes it quite clear that it is against the law to discriminate against
a person on the basis of their religion, caste, gender, or the country in which they were born.
Many sections of the Indian Criminal Code make it clear that acts of discrimination and hate
crime conducted against members of religious minorities are prohibited. The Protection of
Civil Rights Act, which was passed in 1955, and the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, which was passed in 1989, both provide further legal
protection against discrimination and acts of violence for members of minority communities.
171
Gupta, R. (2018). Government Funding and Religious Minority Institutions in India: A Critical Appraisal. Journal of Indian Law and Society, 9(2), 121-140.
172
Chakraborty, T. (2019). State Funding of Religious Institutions in India: Constituti
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CHAPTER 6. AIDS EXEMPTED TO TAX
Income Tax Act, 1961 lays down provisions that exempt charitable and religious trusts
from paying taxes. Section 11 provides exemption for income derived from property held
under trust held for religious purposes to the extent that such income is applied for religious
purposes in India.
Section 12 exempts income from voluntary contributions made to trust which is
established for religious purposes conditionally. Section 10(23C) also exempts the income of
some educational institutions
173
.
Under the Indian Constitution, religious minorities are not automatically exempted from
paying taxes. However, the Indian government does provide certain tax exemptions and
benefits to religious and charitable organizations, including those affiliated with religious
minorities, to encourage and promote their social and philanthropic activities.
To be eligible for tax exemptions and benefits, these organizations must be registered as
a non-profit or charitable organization under relevant laws and regulations, and their activities
must meet certain criteria set by the government. For example, they must demonstrate that
their activities are primarily for charitable or religious purposes, and any profits they generate
must be reinvested in their charitable or religious activities.
In addition, the Indian government also provides tax exemptions and benefits to
individuals who make donations to recognized charitable and religious organizations
174
.
These donations are deductible from the donor's taxable income, up to a certain limit.
It is important to note that tax laws and regulations in India are subject to change, and
the eligibility criteria for tax exemptions and benefits may vary depending on the specific
circumstances of each case. Therefore, it is recommended to seek professional advice from a
qualified tax expert or consult with relevant government authorities for the most up-to-date
information.
some additional details on tax exemptions for religious minorities in India:
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Charitable and Religious Trusts: Charitable and religious trusts in India are eligible for
tax exemptions under Section 11 of the Income Tax Act, 1961
175
. These trusts must use their
income solely for charitable or religious purposes, and any profits they generate must be
reinvested in their charitable or religious activities. Additionally, these trusts must register
with the Income Tax Department and file annual tax returns.
Donations to Charitable and Religious Organizations: Individuals who make donations
to recognized charitable and religious organizations in India are eligible for tax benefits under
Section 80G of the Income Tax Act, 1961. Donors can claim a deduction of up to 50% of
their taxable income for donations made to certain specified funds, institutions, or
organizations.
Foreign Contributions: Religious and charitable organizations in India that receive
foreign contributions are subject to specific regulations and guidelines under the Foreign
Contribution (Regulation) Act, 2010. These organizations must register with the Ministry of
Home Affairs and comply with reporting requirements to maintain their eligibility for tax
exemptions.
Minority Religious Institutions: Minority religious institutions in India may be eligible
for certain tax exemptions and benefits under Article 30 of the Indian Constitution, which
guarantees the right of minorities to establish and administer educational institutions
176
. These
institutions must be established and run by religious minorities and must meet certain
eligibility criteria set by the government.
Income Tax Exemption for Religious Places: Religious places, such as temples,
mosques, churches, gurudwaras, and other places of worship, are generally exempt from
income tax in India. However, any income generated by these places from sources such as
rent, donations, or investments is subject to tax.
Capital Gains Tax Exemption: Capital gains arising from the transfer of land or
buildings used for charitable or religious purposes are exempt from tax under Section 11(4A)
of the Income Tax Act, 1961.
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Agarwal, A. (2019). Religious Minority Institutions and Government Funding in India. Economic and Political Weekly, 54(7), 21-24.
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176
Choudhary, S., & Kumar, R. (2018). A Study of Government Funding to Minority Educational Institutions in India. International Journal of Trend in Scientific Research and Development, 3(6), 8-10.
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GST Exemption for Charitable Activities: Charitable organizations, including those
affiliated with religious minorities, may be exempt from Goods and Services Tax (GST) on
the goods and services they provide for charitable purposes, subject to certain conditions and
limitations
177
.
Tax Deduction for Medical Treatment: Individuals who incur medical expenses for the
treatment of certain specified diseases, including AIDS, may be eligible for a tax deduction
under Section 80DDB of the Income Tax Act, 1961. This deduction is available to all
taxpayers, regardless of their religious affiliation
It is important to note that these are just some of the general guidelines and eligibility
criteria for tax exemptions for religious minorities in India. The specific regulations and
requirements may vary depending on the type and purpose of the organization, and it is
recommended to seek professional advice or consult with relevant government authorities for
the most up-to-date information.
177
Duggal, R. (2018). State Funding of Religious Educational Institutions: An Indian Perspective. Religion & Education, 45(1), 16-32.
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CHAPTER 7.
EDUCATION
SCHEMES
FOR
RELIGIOUS MINORITIES
Pre-Matric Scholarship Scheme:
The Government of India's Ministry of Minority Affairs has launched many educational
initiatives, like the Pre-Matric Scholarship Plan, to increase access to higher education for
members of India's minority populations. Students from underrepresented groups in Grades 1
through 10 may apply for funding via this program.
In order to qualify for the Pre-Matric Scholarship Program, applicants must meet the
following requirements:
• The student must be a member of a marginalized group (Muslim, Christian, Sikh, Buddhist, Parsi, or Jain).
The student must be enrolled in an accredited public or private institution.
Minimum passing grade is 50% from previous semester
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.
• The student's yearly family income must be at or below a certain level, which varies by state. Components and Value of the Scholarship
The following expenses are included in the scholarship:
There is an application fee, tuition, and a living stipend. Books and supplies Uniform and additional costs Scholarship amounts are grade-specific:
• The annual scholarship amount is Rs. 1,000 for students in grades 1 through 5.
• The annual scholarship amount is Rs. 2,000 for students in grades 6-10.
Methods of Application:
Below are the steps you need to do to apply for the Pre-Matric Scholarship Scheme:
The application form may be found on the official website of the Ministry of Minority Affairs or the state government's website, depending on the state.
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Gupta, R. (2018). Government Funding and Religious Minority Institutions in India: A Critical Appraisal. Journal of Indian Law and Society, 9(2), 121-140.
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The candidate is responsible for completing all mandatory fields, including attachments
179
. The application is checked by the school and the relevant office.
Quantity of Recipients:
A total of 23,29,085 pupils benefitted from the Pre-Matric Scholarship Plan in 2019–20, as reported in the Annual Report of the Ministry of Minority Affairs.
The Scheme's Effects:
The Pre-Matric Scholarship Plan has had a major effect on the education of India's marginalized groups. The following are a few significant results:
The strategy has increased enrolment by encouraging more students from underrepresented
groups to attend school.
The plan has helped lower minority student dropout rates by making higher education more
accessible to those who may not otherwise be able to afford it.
The initiative has encouraged minority students to improve their academic performance by
requiring them to achieve a grade point average of at least 50% in order to qualify for the
scholarship.
Minority groups have been given a boost thanks to this program since they now have access
to educational possibilities that were previously unavailable to them
180
.
To sum up, the Pre-Matric Scholarship Plan is an essential education program launched by
the Indian government to increase enrollment in higher education among India's marginalized
populations. The scheme's goal of giving financial aid to students from minority populations
in classes 1-10 has had a positive effect on these kids' academic and personal growth.
Post-Matric Scholarship Scheme:
The Ministry of Minority Affairs, Government of India, has developed many education
programs, including the Post-Matric Scholarship Plan, to increase access to higher education
for members of India's minority populations. Students from underrepresented groups who are
in high school or above may apply for funding via this program.
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Chakraborty, T. (2019). State Funding of Religious Institutions in India: Constituti
180
Chaturvedi, P. (2018). The Constitutional Conundrum of Government Funding to Religious Institutions in India. Indian Journal of Constitutional and Administrative Law, 2(1), 38-50.
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CONDITIONS FOR ELIGIBILITY:
The following are the requirements to participate in the Post-Matric Scholarship Scheme:
The student must be a member of a marginalized group (Muslim, Christian, Sikh, Buddhist, Parsi, or Jain).
The institution that the student is attending must be either publicly or privately funded and officially recognized by the government.
The minimum passing grade is 50%, which was achieved in the most recent test taken by the student.
There is often a minimum yearly family income requirement that varies by state
181
. Components and Value of the Scholarship
The following expenses are included in the scholarship:
Charge for entry Education Costs
Allowance for maintenance Books and office supplies
Fees for lodging and meals (for students staying in hostels)
Cost of Educational Trip (for students from professional courses) Pricing for Dissertation Drafting and Printing (for research scholars)
Student with Disabilities Contingency Fund (for students with disabilities)
Several schools and programs offer various scholarship amounts:
Scholarships are available up to Rs. 10,000 each year for students in grades 11 and 12
182
.
181
Agarwal, A. (2019). Religious Minority Institutions and Government Funding in India. Economic and Political Weekly, 54(7), 21-24.
182
Duggal, R. (2018). State Funding of Religious Educational Institutions: An Indian Perspective. Religion & Education, 45(1), 16-32.
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The annual maximum award for both undergraduate and graduate study is Rs. 20,000
183
. The annual scholarship award for professional and technical programs is up to Rs. 25,000.
Scholarships are available up to Rs. 28,000 per year for students enrolled in M.Phil. or Ph.D. programs.
Methods of Application:
The Post-Matric Scholarship Application Process Is As Follows:
It depends on the state whether the student or parent/guardian must submit the application
online or in person.
Either the state government's website or the Ministry of Minority Affairs' website will provide the application form.
The applicant is responsible for providing all information requested, including attaching any supporting materials.
The next step is for the institution and relevant office to double-check the applicant's credentials
184
.
Quantity of Recipients:
The Post-Matric Scholarship Plan aided 6,04,917 students in the 2019-2020 school year, as stated in the Annual Report of the Ministry of Minority Affairs.
The Scheme's Effects:
In India, minority students have benefited greatly from the Post-Matric Scholarship Program. The following are a few significant results:
183
Hussain, M. (2018). A Study of Government Funding to Minority Educational Institutions in India. International Journal of Educational Science and Research, 8(1), 15-20.
184
Dash, B. (2018). Saffronisation of Education: A Study of Government Funding to Minority Institutions in India. Economic and Political Weekly, 53(51), 18-21.
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More people from underrepresented groups are now attending college as a direct result of the
program's outreach efforts.
Having access to financial aid for higher education has alleviated stress for many students
from underrepresented groups and their families.
The initiative has encouraged minority students to improve their academic performance by
requiring them to achieve a grade point average of at least 50% in order to qualify for the
scholarship
185
.
The plan has improved minority students' employability by giving them easier access to
higher education, which is crucial to their long-term professional success.
Overall, the Post-Matric Scholarship Plan is an important initiative by the Indian government
to provide higher education opportunities for members of India's marginalized populations.
There has been a substantial positive effect from the scheme's provision of financial aid to
minority students from the eleventh grade through graduate school.
Merit-cum-Means Scholarship Scheme:
Students from minority groups who demonstrate academic excellence and financial need are
eligible to apply for scholarships under the Merit-cum-Means Scholarship Program, a premier
program of the Ministry of Minority Affairs, Government of India.
The following are the qualifying requirements for the Merit-cum-Means Scholarship Scheme:
The student must be a member of a marginalized group (Muslim, Christian, Sikh, Buddhist, Parsi, or Jain).
The student must be enrolled in an undergraduate or graduate program at a government or privately accredited institution studying a professional or technical field
186
.
The minimum passing grade is 50%, which was achieved in the most recent test taken by the student.
There is often a minimum yearly family income requirement that varies by state. Components and Value of the Scholarship
185
Gupta, R. (2018). Government Funding and Religious Minority Institutions in India: A Critical Appraisal. Journal of Indian Law and Society, 9(2), 121-140.
186
Chakraborty, T. (2019). State Funding of Religious Institutions in India: Constituti
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The following expenses are included in the scholarship:
Charge for entry Education Costs
Allowance for maintenance Books and office supplies
Fees for lodging and meals (for students staying in hostels)
Cost of Educational Trip (for students from professional courses) Pricing for Dissertation Drafting and Printing (for research scholars)
Student with Disabilities Contingency Fund (for students with disabilities) Different majors and student types get varying scholarship amounts:
The annual scholarship award for undergraduates is up to Rs. 20,000.
The annual maximum for this scholarship is Rs. 25,000, and it is intended for graduate
students. Scholarships of up to Rs. 30,000 per year are available for students enrolled in
vocational and technical programs
187
.
Moreover, there is a 30% allocation for female students alone. Methods of Application:
This is how to apply for a scholarship under the Merit-cum-Means program:
It depends on the state whether the student or parent/guardian must submit the application
online or in person.
Either the state government's website or the Ministry of Minority Affairs' website will provide the application form.
The applicant is responsible for providing all information requested, including attaching any supporting materials.
The next step is for the institution and relevant office to double-check the applicant's credentials.
Quantity of Recipients:
In the 2019-2020 school year, 77,503 students benefitted from the Merit-cum-Means Scholarship Plan, as stated in the Ministry of Minority Affairs' Annual Report.
187
Choudhary, S., & Kumar, R. (2018). A Study of Government Funding to Minority Educational Institutions in India. International Journal of Trend in Scientific Research and Development, 3(6), 8-10.
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The Scheme's Effects:
The education of India's marginalized populations has benefited greatly from the Merit-cum-
Means Scholarship Program
188
. The following are a few significant results:
More students from underrepresented groups are enrolling in undergraduate and graduate-
level professional and technical programs as a result of the program.
Having access to financial aid for higher education has alleviated stress for many students
from underrepresented groups and their families.
The initiative has encouraged minority students to improve their academic performance by
requiring them to achieve a grade point average of at least 50% in order to qualify for the
scholarship.
The plan has improved minority students' employability by giving them easier access to
higher education, which is crucial to their long-term professional success.
In conclusion, the Indian government's Merit-cum-Means Scholarship Plan is a crucial
program that helps educate members of India's marginalized populations. The plan has been
effective in its goal of giving financial aid to deserving minority students pursuing
undergraduate and graduate degrees in professional and technical fields
189
. Article 27 and
secularism
Secularism is where the state endorses no religion as the state’s religion. A secular state
should not give any preferential treatment to any particular religion. Many articles in the
Constitution can be identified as articles making the Constitution secular. Article 27 is one of
them.
Though Article 27 does not give the fundamental right to secular taxation laws, it undoes the
legal compulsion to pay tax if the proceeds of it will be used for the benefit of a particular
religion or religious denomination. It removes the compulsion to pay that otherwise would
exist. It takes away the statutory liability on such unpaid tax amounts.
As per The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha
Swamiar Of Sri Shirur Mutt, the Supreme Court has declared the use of public funds for the
promotion or maintenance of any particular religion or religious denomination to be against
the Constitution. This is an effective prohibition on biased taxation laws by the state.
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When the emphasis is put on the term ‘particular religion’ of Article 27, it would be wrong to
say that government aid to all and every religion is allowed by the Constitution. To
understand this, It is important to look at other articles under the heading of ‘Freedom of
Religion.’Article 28 prohibits religious instruction in wholly government-funded educational
institutions. Hence, the above interpretation is fully contradictory to the wordings of Article
28. It would also violate Article 25 as the freedom of conscience includes the freedom to not
follow or believe in any religion. Hence, government aid benefitting every religion would
violate the rights of atheists and agnostics.
Any interpretation of the term ‘specifically appropriated’ in Article 27 would not affect
secular state actions, which, when performed in a religious institution, indirectly benefit the
religion of the institute. For example, a government’s aid to an educational institute which
imparts religious instructions to willing students is not violative of Article 27. Hence, the secularism in Article 27 is neither anti-religion nor pro-religion. Just as the ideals
of Indian secularism, the secularism in Article 27 synergies the state activities and religion.
Article 27 and freedom of religion
As per The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha
Swamiar Of Sri Shirur Mutt case, religion is a system of belief regarded by those who profess
that religion to be conducive to their spiritual well-being.
Freedom of religion means the freedom to practice one’s religion or conscience without
unreasonable restrictions. Article 27 is a fundamental right under the heading of ‘Freedom of
Religion’.
On reading, Article 25 gives us the freedom of conscience, that is, the freedom to follow our
conscience. Hence, if a person’s conscience suggests not to follow a particular religion, it is a
right as per the Constitution. It also means, in a sense, the right to not be compelled to foster a
particular religion or religious denomination. Article 27 is supportive of this interpretation of
Article 25. As a person is not to be compelled to pay tax benefitting any religion, atheists’
right to their freedom of conscience is protected.
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Under Article 25, the state is not prevented from regulating any secular activity which may be
associated with religious practice. For example, the secular activity of regulating religious
institutes for the purpose of better administration is allowed. When this statement is read with
Article 27, we can also conclude that any tax imposed on the secular administration of a
religious institute will not violate Article 27. This view is also upheld in the case of The
Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar
Of Sri Shirur Mutt. Constituent Assembly debate on Article 27 of the Indian Constitution
During the constituent assembly debates, some Amendments were proposed to Article 27 by
the members of the constituent assembly.
One of the proposed Amendments was by Mr Syed Abdur Rouf, wherein the addition of the
words ‘wholly or partly’ was proposed. The said insertion would have made a specific
appropriation of taxes, wholly or partially, violative of Article 27. This Amendment was
opposed by Shri. M. Ananthasayanam Ayyangar. He deemed the Amendment unnecessary as
the Article is sufficient enough to be interpreted as the same.
Another proposed Amendment which was discussed was by Mr Naziruddin Ahmad. He
proposed the words ‘the proceeds of which’ to be substituted by the words ‘on any income of
which’. He contended that taxes are paid on income and not on gross receipts. This is a
different interpretation of Article 27 than the general interpretation. As per the general
interpretation, the proceeds from taxes collected should not be used for the promotion or
maintenance of any particular religion. But as per Mr Naziruddin Ahmad’s interpretation, the
taxes collected from the proceeds/income of an undertaking should not be used for the
promotion or maintenance of any particular religion. Mr. Naziruddin Ahmad’s interpretation
takes into account only the income tax, while the general interpretation takes into account all
kinds of taxes (for example, the goods and services tax levied on the price of the good or
service)
Shri Ayyangar stood in the Article’s support. Though he made his comments as a reply to Mr
Naziruddin Ahmad, he took a wrongful interpretation of Mr Naziruddin Ahmad’s proposed
Amendment. As per him, Mr Naziruddin Ahmad’s proposed Amendment was to exempt the
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income of all temples and religious endowments. Notwithstanding that, he made an important
statement that the Charter of Liberty and religious freedom should see to it that no religious
denomination is given an advantage over another denomination.
Shri Guptanath Singh also misinterpreted the Article as an article exempting taxation on
religious institutions’ property. At the end of the discussion, all of the proposed amendments were rejected by the constituent
assembly.
Landmark case laws on Article 27 of the Indian Constitution
The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha
Swamiar Of Sri Shirur Mutt (1954)
Facts
The petitioner is the Mathadhipati of the Shri Krishna Math.
A suo moto proceeding was initiated by the Board under Section 62 of the Madras Hindu
Religious Endowments Act (Act II of 1927) (hereinafter referred to as the earlier Act). Under
this proceeding, a notice was issued to the Mathadhipati on grounds of mismanagement. It
also stated that a scheme is to be framed for the administration of the Math’s affairs in the
interest of proposer administration of the Math.
The petitioner filed the petition in the High Court of Madras, praying for a writ of prohibition
to prohibit the Board from taking further steps towards the scheme for the administration of
the Math. While the petitions were still pending, the Madras Hindu Religious and Charitable
Endowments Act, 1951 (hereinafter referred to as the new Act), was passed by the
Legislature. The Act came into force on the 27th of August, 1951. In view of the earlier Act being replaced by the new Act, the petitioner was allowed to end his
petition. After this, the petitioner questioned the constitutionality of the new Act.
In view of the above matter, the Madras High Court pronounced several Sections of the new
Act to be unconstitutional as they violate the fundamental rights of the petitioner guaranteed
under articles 19(1)(f), 25, 26, and 27 of the Constitution.
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The Commissioner came to appeal before the Supreme Court of India against the Madras
High Court judgement.
Issues raised
Whether the Contribution levied under Section 76 of the Madras Hindu Religious
Endowments Act a tax or a fee?
Whether such contribution violates Article 27?
Held
Before announcing the verdict, the Supreme Court made some important observations:
Tax is a compulsory and enforced common burden on the taxpayer. Its imposition is made
without bestowing any special benefit to the payer. it is levied for the purpose of general
revenue. The quantum of tax payable mostly depends on the capacity of the payer.
A ‘fee’ is generally defined as a charge for a special service rendered to individuals by some
governmental agency. The amount of fee levied is supposed to be based on the expenses
incurred by the government on account of the process of rendering the special service.
An example of fee is when money is set aside and appropriated specifically for the
performance of some work, and it is not merged into the public revenues. In that case, it can
not be a tax.
The State might consider it desirable to provide some special service to certain groups of
people in the larger interest of the public. Then, those people must accept these services,
whether they are willing to receive these services or not. The Supreme Court of India held that:
The contribution that has been levied under Section 76 of the Act shows characteristics
similar to income tax as:
It depends upon the payer’s capacity and not upon the quantum of benefit that is supposed to
be conferred. The institutions that come under the lower income group and have an income of less than
rupees one thousand annually, are excluded from the liability to pay the additional charges
under clause (2) of the Section. All the collections from Section 76 go to the state’s consolidated fund. All the related expenses are met out of the general revenues as seen for in other government
expenses. The expenses are not met out of the collection from Section 76.
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The money raised by the contribution levy is not ear-marked for the government’s expenses
to perform the services.
The contribution under Section 76 is a tax.
The object of the contribution under Section 76 of the new Act is the proper administration of
religious institutions and the endowments attached to the religious institutions.
Hence, Article 27 is not violated. Mahant Sri Jagannath Ramanuj Das v. The State Of Orissa (1954)
Facts
In 1939, the Orissa Hindu Religious Endowment Act (further referred as ‘the earlier Act’)
was passed.
Every Math or temple with an annual income of more than Rs. 250 crores were required to
pay an annual contribution at a certain progressive percentage of the annual income under
Section 49 of the Act.
The said contribution was used to meet the expenses spent on the administration of the
religious endowments.
Some Mahants challenged the constitutionality of the earlier Act.
The plea was dismissed.
When the earlier Act was replaced by the Odisha Hindu Religious Endowments Act of 1951,
another plea was submitted challenging the constitutionality of the new act. Issues raised
Whether the contribution levied under Section 49 of the Act is a tax?
Whether Section 49 of the Act is violative of Article 27 of the Constitution?
Held
The Supreme Court held that:
The contribution levied under Section 49 of the Act is to be regarded as fees.
The object of the fees levied is the proper and secular administration of the religious
institutes. The fees will be used to meet up administrative expenses.
Article 27 is not violated as the contribution levied is not a tax.
Article 27 is not violated because the contribution is not used to promote or maintain the
Hindu religion.
Mustt. Nasima Khatun v. The State of West Bengal (1981)
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Facts
The Commissioner of Wakf, West Bengal served demand notices on the Mutawalli of the
Wakf-alal-aulad under Section 59 of the Bengal Wakf Act, 1934 amended by the Bengal
Wakf (Amendment) Act, 1973 demanding from them a certain amount towards the
contribution of wakf fund and education fund.
The appellant moved to the West Bengal High Court against these demand notices, and
alongside challenged the constitutionality of the Bengal Wakf Act of the year 1973.
The West Bengal High Court overruled the contentions of the appellant.
The appellant appealed to the Supreme Court.
Issue raised.
Whether the provision of the Bengal Wakf Act violates Article 27?
Held
The Supreme Court held that:
The contribution to be made under the Act is a ‘fee’, and tax within the meaning of Article
27.
The purpose of the fee of the wakf fund is to realise secular and proper management of the
Wakf property.
The purpose of the education fund is for the education of poor and meritorious Muslim boys
and girls. Education is a secular matter and has no connection to religion. The contribution levied is a fee, and such fee would be used for secular purposes. Hence, it
was ruled that the Act is not violating Article 27 of the Indian Constitution
K. Reghunath v. The State of Kerala (1974)
Facts
In Tellicherry, some places of worship were destroyed due to some unfortunate circumstances
between the two communities, the Hindu community and the Muslim community.
The government passed an order that:
The government would bear the cost of the restoration of religious institutions;
The government will sanction an additional contribution of Rs. 10,00,000/- to the Distress
Relief Fund at the disposal of the District Collector, Cannanore, for the purpose of meeting
the cost of restoration; and
The District Collector could sanction expenditure of not more than Rs. 5000/- in each case. The petitioner has filed for a writ petition on the above-mentioned order.
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It was prayed by way of a writ of mandamus to direct the State of Kerala and the District
Collector to refrain from spending public funds on the reconstruction of public funds. Issue raised
Whether the above-mentioned order violates Article 27? Held
The Supreme Court held that: The Distress Relief Fund is not appropriated from tax money as it is made up of contributions
from the government, district and taluka committees, associations, clubs, public, etc.
Restoration of the damaged places of worship is not the promotion or maintenance of any
religion.
The writ petition was dismissed.
Prafull Goradia v. Union of India (2011)
Facts
The Haj Committee Act provides for granting of a government subsidy for the Haj pilgrimage
every year.
The petitioner contended that a part of the direct and indirect taxes he pays goes towards the
Haj pilgrimage subsidy.
The petitioner speaks of the violation of Article 27 by provision of subsidy to Haj pilgrimage.
Maulana Azad National Fellowship for Minority Students:
Students from underrepresented groups in India's higher education system may apply for
funding via the University Grants Commission's (UGC) Maulana Azad National Fellowship
(MANF) for Minority Students.
Criteria for Selection The Maulana Azad National Scholarship for Minority Students selects
candidates based on the following criteria:
The student must be a member of a marginalized group (Muslim, Christian, Sikh, Buddhist,
Parsi, or Jain).
The candidate must have received a grade of 55% or above in the postgraduate degree
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188
Chaturvedi, P. (2018). The Constitutional Conundrum of Government Funding to Religious Institutions in India. Indian Journal of Constitutional and Administrative Law, 2(1), 38-50.
189
Agarwal, A. (2019). Religious Minority Institutions and Government Funding in India. Economic and Political Weekly, 54(7), 21-24.
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examination (50% for SC/ST/OBC/PWD candidates).
To be eligible for a lectureship, the student must have passed either the National Eligibility Test (NET) or the State Level Eligibility Test (SLET).
The student must be currently enrolled or accepted into a program leading to a Master's or Doctorate degree at an accredited Indian school
190
.
There is often a minimum yearly family income requirement that varies by state. Types and Amounts of Fellowships:
The following are included in the scope of the fellowship:
Amount of Fellowship: The fellowship money is Rs. 25,000 per month for the first two years and Rs.
Those in the arts and social sciences may get up to Rs. 10,000 each year, while those in the hard sciences can receive up to Rs.
As part of the fellowship, recipients with visual impairments are offered the services of a reader/escort.
Methods of Applying Below are the methods via which applicants may submit their applications for the Maulana Azad National Fellowship for Minority Students:
The application process for the UGC may be completed entirely online by the student. Students may access the application on the internet, where they can then fill it out, scan and upload any supporting materials, and finally submit it for consideration.
Upon verification of the application by the host institution, the UGC makes its final candidate selections
191
.
Quantity of Recipients:
According to the 2019-20 Annual Report of the Ministry of Minority Affairs, 3,374 students from underrepresented groups received the Maulana Azad National Fellowship.
The education of India's marginalized populations has benefited greatly from the Maulana
Azad National Fellowship for Minority Students. The following are a few significant results:
More members of underrepresented groups are now studying at universities and doing research
150
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in a wide range of subjects thanks to the program.
Minority students and their families have less of a financial burden now that they have access
to funding for their academic pursuits thanks to the initiative.
The plan has inspired minority students to engage in research, leading to higher-quality
research output and, ultimately, better education for all citizens
192
.
The initiative has improved minority students' employability by increasing their access to
higher education and research possibilities, both of which are critical to the long-term success
of their careers.
The Indian government established the Maulana Azad National Scholarship for Minority
Students to encourage minority students to pursue higher education and research. The
initiative has had a tremendous influence on the education, career advancement, and
development of minority students by offering financial aid to those students seeking an MPhil
or PhD at any accredited university or institution in India.
Institutions for promoting education among minority communities:
A number of charitable organizations and government agencies in India have made it one of
their top priorities to educate India's underprivileged population. One such illustration of this
may be seen with the Aligarh Muslim University, which is affiliated with the National
Council for Minority Educational Institutions. Each of these groups views the education and
empowerment of India's underprivileged minority as one of their highest priorities.
The Maulana Azad Education Foundation is a charitable organization that was established by
the Government of India's Ministry of Minority Affairs in recognition of Maulana Abul
Kalam Azad, who served as independent India's first Minister of Education
193
. The
organization was established in 1989 with the purpose of addressing the problem of
educational disparity among members of minority communities.
The foundation has been responsible for the launch of a significant number of educational
initiatives geared toward underrepresented groups. Just a few examples are the Begum Hazrat
Mahal National Scholarship Plan, the Maulana Azad National Fellowship Program, and the
Gharib Nawaz Talent Development Scheme. These programs may provide financial
assistance
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to students from underrepresented groups in order to assist them in completing their degrees
and entering the workforce.
The National Academies' Committee on Institutions That Are Dedicated to the Education of
Minority Students:
The National Council for Minority Educational Institutions was established by the
government of India in order to guarantee that members of India's many ethnic and religious
minorities would be allowed to start and direct schools of their own choice (NCMEI)
194
. In
2004, the National Commission for Minority Educational Institutions Act was passed, which
led to the establishment of the commission in that year.
The NCMEI is the organization to turn to for accreditation and dispute resolution in matters
pertaining to educational institutions that primarily serve members of underrepresented
minorities. In addition to this, the commission acts as a sounding board for the Indian
government on issues concerning minority education and works to promote the
socioeconomic and educational advancement of India's many minority groups.
Aligarh Muslim University:
The Aligarh Muslim University (AMU) is a public and central university that can be located
in the city of Aligarh in the Indian state of Uttar Pradesh. The prominent Muslim reformer
and educator Sir Syed Ahmad Khan established the college in 1875 with the intention of
enhancing the level of education available to India's Muslim populace.
The university offers education at the undergraduate, graduate, and doctoral levels in a wide
variety of fields, including as the arts and humanities, science and technology, medicine, and
the legal system. The study of Islamic religion and culture may be found offered in a variety
of academic departments located around the university
195
. It cannot be denied that the
institution has been instrumental in contributing to the development of Muslim culture in
India.
The impact of these businesses is as follows:
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The efforts of the Aligarh Muslim University, the National Council for Minority Educational
Institutions, and the Maulana Azad Education Foundation have been of tremendous
assistance to a number of India's ethnic and religious minorities, who have reaped several
benefits as a result.
These organizations have made higher education more accessible to members of
underrepresented groups by providing financial assistance and other resources
196
. As a result,
there are now more individuals from underrepresented groups pursuing higher education.
They have not only contributed to the development of a diverse and pluralistic society in
India, but they have also assisted in the preservation of the cultural and linguistic inheritance
of the country's minority groups.
In addition, the institutions have been instrumental in the economic growth of underserved
areas by providing the inhabitants of such communities with skills that are in demand. They
have also contributed to the reduction of the economic and social inequities that minorities
face, and they have provided those groups with greater agency in the political process.
In conclusion, noteworthy institutions in India that have contributed to the development of
minority education and liberation include the National Commission for Minority Educational
Institutions, the Aligarh Muslim University, and the Maulana Azad Education Foundation
197
.
These organizations have helped enhance access to higher education for students from
underrepresented groups, conserved the languages and cultures of those groups, and
contributed to the economic and social development of the communities they serve.
Government spending on education schemes for minority communities:
India's minority groups have benefited from the government's efforts to expand
educational opportunities and boost their economic standing via a number of different
programs. The money for these programs comes from the government's yearly budget, and it
is doled out to the recipients in a number of ways. The government makes sure these
programs work by keeping an eye on them and evaluating how well they're doing. Yet, there
are a number of obstacles that must be overcome before these plans may be implemented
successfully.
Funding allotment per year:
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Education programs for India's minority groups are administered by the Ministry of
Minority Affairs. Each year, the ministry sets aside funds for these programs. The Union
Budget 2021-22 provided Rs 4,819.32 crore to the Ministry of Minority Affairs for the
execution of several initiatives for minority populations
198
.
Scholarships, fellowships, and grants are just some of the ways that the money set aside
for minority community education programs makes its way into the hands of those who need
it most. The money is sent to the recipients' bank accounts or given to their schools. To
simplify the application and distribution of scholarships, the government has set up a single
system called the National Scholarship Portal.
The government employs a number of checks and balances to keep tabs on the progress
of its minority community education programs. The government routinely audits and inspects
the educational institutions and organizations that run these programs to make sure they are
following the rules. To gauge the programs' effectiveness in fostering academic and societal
growth, the ministry also solicits comments from program participants.
Difficulties and Future Steps:
There are a number of obstacles that must be overcome if government programs to increase minority school enrollment are to be successful. Examples of such difficulties include:
Due to a lack of knowledge, many eligible individuals are not taking advantage of existing educational assistance programs
199
.
Classrooms, libraries, and labs may be in short supply in schools in minority-dominated communities, which may have a negative impact on the quality of education kids get.
Poverty and prejudice are only two of the many socio-economic factors that might make it difficult for members of minority groups to get an education.
The government should take the following actions to deal with these problems:
The government should run campaigns to raise knowledge about the educational assistance programs that are available and how to apply for them.
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The quality of education in minority-dominated communities may be improved by
government investment in educational infrastructure development.
The government should implement empowerment programs that provide recipients the
tools they need to succeed in the workforce and make positive contributions to their local
economies
200
.
Finally, the government's investment in minority community educational programs is a
vital means of fostering their economic and social advancement. The budgets for these
programs are dispersed via a number of different avenues, and their execution is closely
watched and assessed for efficiency. Yet, there are a number of obstacles that must be
overcome before these plans may be implemented successfully. The government should
intervene to help the recipients overcome these obstacles and realize their full potential in the
classroom and the workplace.
155
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CHAPTER 8.
CONCLUSION & SUGGESTIONS: In conclusion, providing financial support for religious organizations by the Indian
government.
is a contentious topic that has far-reaching consequences for India's secular character. The
idea of secularism is enshrined in the Indian Constitution, and it is illegal for the government
to favor or endorse any one religion. Yet, concerns have been raised concerning whether the
granting of funds to religious organizations is compatible with the constitutional ideals of
secularism and nondiscrimination.
The research study dissected the constitutional and legal framework that allocates public
funds to religious organizations in India, as well as the seminal cases and rulings that have
formed the law in this field. The Constitution was deemed to include constraints on the role
of the state in promoting or supporting any one religion while simultaneously allowing for the
protection of religious minorities and the preservation of their cultural heritage
201
. In the
study, we looked at the several rules and legal criteria that have been adopted by the courts to
establish whether or not government assistance to religious organizations violates the First
Amendment.
The research led to the conclusion that there are times when it is acceptable for the
government to provide funding to religious institutions, such as when doing so will help
preserve cultural heritage or advance education, so long as it is done in a way that is
consistent with the principles of secularism and nondiscrimination. To avoid seeming to
promote or endorse any specific religion, the state must guarantee that such funds is
distributed fairly, without any religious prejudice. Any law that goes against these standards
would be unlawful and might be overturned in court.
The question of whether or not the Indian government should provide financial support to
religious organizations is fraught with controversy and requires a nuanced weighing of
opposing constitutional norms and ideals
202
. The study paper examines the constitutional and
legal framework controlling this problem in depth and gives helpful recommendations for
moving ahead for politicians and legal practitioners. It is anticipated that the information
presented in this article would aid in the advancement of debates and conversations around
this pressing topic.
156
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The necessity for openness and accountability in the distribution and disbursement of cash
to these organizations is another point that might be elaborated upon in the last section of
the research paper on government financing to religious institutions in India. This would
be useful in preventing the diversion or misuse of public monies and ensuring that they
are being utilized as intended. It is also crucial to guarantee that no bias or prejudice
enters into the decision- making process for which institutions get public financing
203
.
The need to strike a balance between secularism and nondiscrimination and the rights of
religious minorities to retain their cultural history and customs is another crucial factor to
think about. The state has a responsibility to safeguard religious minorities and advance
their interests, but it must also avoid encouraging the spread of any one faith or sowing
discord among groups.
The report concludes by speculating that the future of government support to religious
organizations in India rests in the adoption of clear standards and policies that are
compatible with the values of secularism and non-discrimination. Such regulations will
assist guarantee that government financing is distributed in a transparent, responsible, and
constitutional way while also providing clarity and predictability to the state and religious
organizations.
As stated at the outset, India’s constitution encompasses provisions that
emphasize complete legal equality of its citizens regardless of their religion or creed, and
prohibits any kind of religion-based discrimination. It also provides safeguards—albeit
limited ones—to religious minority communities. However, the report demonstrates that
there are constitutional provisions and state and national laws in India that do not comply
with international standards of freedom of religion or belief, including Article 18 of the
UN Declaration of Human Rights and Article 18 of the International Covenant on Civil
and Political Rights. Under Congress Party and BJP-led governments, religious minority
communities and Dalits, both have faced discrimination and persecution due to a
combination of overly broad or ill-defined laws, an inefficient criminal justice system, and
a lack of jurisprudential consistency. In particular, since 2014, hate crimes, social
boycotts, assaults, and forced conversion have escalated dramatically. In order to see
measurable improvements for freedom of religion or belief in India, the Indian
government and the United States government should pursue the following
recommendations.
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RECOMMENDATIONS FOR THE INDIAN GOVERNMENT The government of India should: • Increase training opportunities on human rights and
religious freedom standards and practices for the members of its legislature, police, and
the judiciary. • Operationalize the term “minority” in its federal laws and comply with the United
Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious,
and Linguistic Minorities. • Drop Explanation II in Article 25 of its constitution and recognize Sikhism, Buddhism,
and Jainism as distinct religions with their own separate religious identities. The
government of India also should adopt the recommendations of the Venkatachaliah
Commission (2000–2002). • Not impose Hindu personal status laws on Sikh, Buddhist, and Jain communities, but
instead provide them with a provision of personal status laws as per their distinct religious
beliefs and practices. • Adopt the International Convention on the Elimination of All Forms of Racial
Discrimination.
• Implement the recommendations of the Commission for Religious and Linguistic
Minorities (2007). • Stop its harassment of nongovernmental organizations, religious freedom activists, and
human rights defenders under the Foreign Contribution Regulation Act (FCRA) of 2010.
The discriminatory amendment in the FCRA (introduced in March 2016 with retroactive
implementation from 2010) should be revoked. • Reform the anti-conversion laws and appreciate that both conversion and reconversion
by use of force, fraud, or allurement are equally bad and infringe upon a person’s freedom
of conscience. • Establish a test of reasonableness surrounding the Indian state prohibitions on cow
slaughter. If the Indian government is keen to maintain this legislation based on religious
sentiments, then it should also introduce legislation to recognize as hate crimes the
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desecration and mockery of sacred texts of any religion, places of worship, or prophets of
any religion. SUGGESTIONS
In view of the ongoing debate and controversy surrounding the provision of state funding
to religious groups, policymakers and legal practitioners in India need to give some
thought to the direction in which things are moving
204
. The following are some
suggestions that might be made in the future:
While the Constitution of India lays a strong foundation for the protection of secularism
and nondiscrimination, further effort might be done to strengthen the legal system in order
to guarantee consistency and clarity in the manner in which these principles are applied.
To evaluate whether or not government sponsorship of religious groups constitutes a
violation of the First Amendment, more precise legal standards may need to be devised.
Since the lack of transparency and accountability in the distribution and dispensing of
funds is
one of the most significant problems associated with the government's funding of
religious groups, it is essential to strive toward improving this situation
205
. As a potential
solution to this issue, policymakers may decide to implement increased transparency
measures, such as the publication of regular reports on the use of money and the
formation of independent monitoring bodies to oversee the flow of funds.
Another challenge that arises when the government provides financial assistance to
religious organizations is avoiding the appearance of favoritism in the allocation of funds.
The formulation of stricter criteria for the selection of institutions to receive financing,
such as a demand for a particular amount of minority participation on the governing board
of the institution, should be one of the potential solutions that policymakers think about in
order to address this issue.
Public-private partnerships, which are another potential answer to the issue of government
financing for religious institutions, include private contributions and religious groups
working together to promote education, cultural preservation, and other public goods. One
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strategy for accomplishing this goal would be to give tax credits or other financial
incentives to individuals or organizations who donate money to educational programs or
the preservation of historical monuments
206
. This would be an effective approach to
encourage philanthropic giving.
Increasing Mutual Understanding and Collaboration Across World Religions Third, we
have to admit that the issue of interfaith relations in India is far more complicated than the
government's financing of religious groups alone. This is a necessary step before we can
go on to the next point. To foster a greater sense of harmony and comprehension among
people who adhere to a variety of religious traditions, decision-makers might take into
consideration activities designed to encourage interfaith dialogue and cooperation. These
activities might include the creation of interfaith forums or the development of
educational programs that promote interfaith understanding. In this context, the Courts in
India have taken upon themselves the task of giving judicial definition to ‘religion’
protected under the secular provisions of the country’s Constitution. They also have the
burden of doing the sensitive job of differentiating ‘matters of religion’ protected under
the same provisions from matters of secular interest added or associated with religious
practices, which may be liable to the action of the State when needed to maintain common
good and to promote social welfare and reform. Hence, in this chapter our study is directed towards the contribution of the Indian
judiciary by way of judgments issued by the Courts on several cases associated with
religion allegedly affected by State intervention. The contributions of the Courts are
especially useful for us to understand the fundamental principle underlying the political
philosophy of Indian secularism. Most of the cases selected for our study appeared before
the Supreme Court of India in the 1950s and 1960s. These are of historic importance,
because those were the important times in the history of the young nation in setting up the
road map for public life regulated by secular laws governing people’s everyday life.
Articles 25 to 30 and 325 of the Constitution contain secular provisions. The central
provisions are given in articles 25 and 26, which deal with individual and corporate
freedom of religion. Most of our research would revolve around these 25 to 30 articles.
Researcher studies these articles and other allied articles by going through the judicial
decisions on important cases appeared before the Supreme Court of India. We also
substantiate our study by researching through the documents of the Constituent Assembly
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Debates, the commentaries of the Constitution, and opinion of the scholars. We limit our
material for investigation only to those provisions dealing with the free exercise of
religion and state restriction, state’s assistance to religion, and religion and the welfare
state. These are directly connected with a set of substantive values that protect equal
dignity for all.
4.1.1 The Need and Basis of Religion
The Concept of secularism has been discussed in the previous chapter. Let us now find
out if there is any correlation between religion and secularism and if there exists any
correlation, then what is its nature. Before one can establish whether or not any
correlation ship exists between religion and secularism, it is desirable to have a clear
understanding of the two concepts. The concept of secularism has already been dealt with
in the preceding pages. Let us now explore the concept of religion both in the Western and
the Indian context.
One of the rights guaranteed by the Indian Constitution is the right to Freedom of
Religion. As a secular nation, every citizen of India has the right to freedom of religion
i.e. right to follow any religion. As one can find so many religions being practiced in
India, the constitution guarantees to every citizen the liberty to follow the religion of their
choice. According to this fundamental right, every citizen has the opportunity to practice
and spread their religion peacefully. And if any incidence of religious intolerance occurs
in India, it is the duty of the Indian government to curb these incidences and take strict
actions against it. Right to freedom of religion is well described in the Articles 25, 26, 27
and 28 of Indian constitution.
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THE RIGHT TO
FREEDOM OF RELIGION
•
All religions are equal.
before the
State and no religion shall be given preference over the other.
•
Citizens are free to preach, practice and propagate any religion of their
choice.
•
The objective of this right is to sustain the principle of secularism in India.
The Constitution of India guarantees the protection of certain fundamental rights. They
are given in articles 12 to 35, which form Part III of the Constitution. Among them
articles 25 and 26 are the two central articles guaranteeing religious freedom.
Article 25 reads:
(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, practice 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
1
.
Explanation I.
- The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh
religion.
1
P.B. Gajendragadkar, The Constitution of Inda.op,cit.13-14/40-41
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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, Jain or Buddhist
religion, and the reference to Hindu religious institutions shall be construed accordingly.
Article 26 reads:
Subject to public order, morality and health, every religious denomination or any section
thereof shall have the right –
(a) To establish and maintain institutions for religious and charitable purposes.
(b) To manage its own affairs in matters of religion.
(c) To own and acquire movable and immovable property; and
(d) To administer such property in accordance with the law.
The religious freedom of the individual person guaranteed by the Constitution of India is
given in clause (1) of article 25 that reads: 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, practice and propagate religion. In precise
terms, the Constitution makes it clear that the rights provided in clause (1) of article 25
are subject to public order, morality and health and to the other provisions of Part III of
the Constitution that lays down the fundamental rights. Clause (2) of article 25 is a saving
clause for the State so that the religious rights guaranteed under clause (1) are further
subject to any existing law or a law which the State deems it fit to pass that (a) regulates
or lays restriction on any economic, financial, political or other secular activity which
may be associated with religious practices, or, (b) provides for social welfare and reform
or the throwing open of Hindu religious institutions of a public character to all classes and
sections of Hindus.
2
Similarly, Article 26 is the main article that provides the corporate freedom
of religion
governing the relation between the State and Subject to public order, morality and health
every religious denomination or any section thereof shall have the right,
(a) to establish and maintain institutions for religious and charitable purposes; (b) to
manage its own affairs in matters of religion; (c) to own and acquire movable and
immovable property; and (d) to administer such property in accordance with law.
Clause (b) of article 26 guarantees to every religious denomination or any section
thereof the right to manage its own affairs in matters of religion and clause (d) gives
them the right to administer their property (institutions) in accordance with laws.
(b)
2
V.D.Mahajan, Constitutional law of India p.232-241.
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passed by the State. It is obvious from the language of the clauses (b) and (d) of article 26
that there is an essential difference between the right of a denomination to manage its
religious affairs and its right to manage its property.
This means that a religious denomination’s right to manage its religious affairs is a
fundamental right protected by the Constitution. No legislation can violate it except for
health, morality and public order. But the right to administer property associated with
religion can be exercised only “in accordance with law”. In other words, the State can
regulate the administration of religious property by way of validly enacted laws. Hence, in
the exercise of individual and corporate freedom of religion as guaranteed in articles 25
and 26 of the Constitution of India, it is necessary to understand the judicial definition of
‘religion’ as given in article 25(1) and ‘matters of religion’ as provided in article 26(b). To
define religion for judicial purposes has been an onerous job for the judiciary both in the
Western countries and in India.
4.1.2 Judicial Perception of the Right to Freedom of Religion
The term ‘religion’ has not been defined in the Constitution and it is hardly susceptible of
any rigid definition. The Supreme Court has defined it in number of cases.
3
A religion is
certainly a matter of faith and is not necessarily theistic. Religion has its basis in “a
system of beliefs or doctrines which are regarded by those who profess that religion as
conducive to their spiritual well being”, but it would not be correct to say that religion is
nothing else but a doctrine or belief. A religion may not only lay down a code of ethical
rules for its followers to accept, it might prescribe rituals and observances, ceremonies
and modes of worship which are regarded as integral part of religion and these forms and
observances might extent even to matters of food and dress.
4
Subject to certain
limitations, Article 25 confers a fundamental right on every person not merely to entertain
such religious beliefs as may be approved by his judgment or conscience but also exhibit
his beliefs and ideas by such overt acts and practices which are sanctioned by his religion.
Now what practices are protected under the Article is to be decided by the courts with
reference to the doctrine of a particular religion and include practices regarded by the
community as part of its religion.
5
The courts have gone into religious scriptures to
ascertain the
3
Commissioner of H.R.E. v. Lakshmindra, A.I.R. 1954 S.C. 282; Ratilal v. State of Bombay,
A.I.R. 1954 S.C. 388; Taher Saifuddin Saheb v. State of Bombay, A.I.R. 1968 S.C. 662.
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status of a practice in question.
6
In numerous cases the courts have commented upon,
explained an interpreted the provisions of the Constitution on equality, non discrimination
and religious freedom. The decisions in most of these cases have been given is the
contexts of the rights of particular religious communities or under sped; laws relating to
such communities. A brief on major decisions follows.
In India the need to define religion was raised for the first time by Dr.B.R. Ambedkar
when the matter pertaining to personal law and its relation to religion came for discussion
in the Constituent Assembly. He pointed out: The religious conceptions in this country are
so vast that they cover every aspect of life from birth to death. There is nothing which is
not religion and if personal law is to be saved I am sure about it that in social matters we
will come to a standstill…There is nothing extraordinary in saying that we ought to strive
hereafter to limit the definition of religion in such a manner that we shall not extend it
beyond beliefs and such rituals as may be connected with ceremonials which are
essentially religious. It is not necessary that the sort of laws, for instance, laws relating to
tenancy or laws relating to succession should be governed by religion…I personally do
not understand why religion should be given this vast expansive jurisdiction so as to cover
the whole of life and to prevent the legislature from encroaching upon that field.
7
In the opinion of Dr. B.R. Ambedkar, what constitutes a ‘religion’ or ‘matters of religion’
is to be ascertained by limiting to religious beliefs and ceremonials, which are held as
essentially religious in a particular religion, which is under judicial review. The Indian
Constitution has no explicit definition of ‘religion’ or ‘matters of religion’. Under the
directive of article 32 of the Constitution, which provides the right to constitutional
remedies, it is left to the Supreme Court to decide on the judicial meaning of such terms.
In the early 1950s in a number of cases the Courts in India had been faced with the
problem of defining ‘religion’ as given in article 25 (1) and ‘matters of religion’ as
provided in article 26 (b). Researcher shall now proceed to examine some of those
specific cases, which were appealed before the Supreme Court of India for judicial
classification.
Researcher study some of cases of historical importance where need arose to give judicial
definition to “religion” and “matter of religion.” These are (1)
6
In Rajasthan v. Sajjanlal, A.I.R. 1975 S.C. 706, the Supreme Court surveyed the Jain religious tenants as regard to the management of Jain
religion endowments.
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7
Constitutional Assembly Vol,7, p.781
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Commissioner, Hindu Religious Endowments, Madras v. Shri Lakshmindra Tirtha
Swamiar of Shri Shirur Matt (2) Ratilal Panachand Gandhi v. State of Bombay, (3)
Mohammad Hanif Quareshi v. State of Bihar. (4) Durgah Committee, Ajmer v. Syed
Hussain Ali, and (5) Tilkayat Shri Govindlalji Maharaj v. State of Rajasthan,
(1) Commissioner, Hindu Religious Endowments, Madras v. Shri Lakshmindra
Tirtha Swamiar of Shri Shirur Matt. (Hereafter Researcher will be referred to as the
Shri Lakshmindra case);
The Shri Shirur matt case
8
arose out of the Madras Hindu Religious and Charitable
Endowments Act 1951
9
passed by the Madras legislature in 1951. The object of the Act,
as stated in its preamble, was to amend and consolidate the law relating to the
administration and governance of Hindu religious and charitable institutions and
endowments in the State of Madras. The Act contained sections dealing with the powers
of the State with regard to the general administration of the Hindu religious institutions,
their finances and certain other miscellaneous subjects.
Section 20 of the Act dealt with matters pertaining to the administration of Hindu
religious endowments that were to be placed under the general superintendence and
control of the Commissioner. The Commissioner was authorized to pass orders, which he
deemed necessary, for the proper administration of these religious endowments. He was to
ensure that the income from these endowments was spent for the purposes for which they
were founded. Section 21 of the Act gave the Commissioner, the Deputy and Assistant
Commissioners, and such other officials as might be authorized, the power to enter the
premises of any religious institution or any other place of worship for the purpose of
exercising any power conferred, or discharging any duty imposed by or under the Act,
provided that the concerned officer exercising such power was a Hindu.
Section 23 of the Madras Hindu Religious and Charitable Endowments Act of 1951
provided that the trustee of a religious institution was to obey all lawful order issued
under the Act by the Government, the Commissioner and other such officials. Section 56
stated that the Commissioner was empowered to ask the trustee to appoint a manager for
the administration of the secular affairs of the institution and in default of such an
appointment he could make the appointment himself. The rest of the sections dealt with
the financial aspects of the religious bodies.
8
Commissioner, Hindu Religious Endowments, Madras v. Shri Lakshmindra Tirtha Swamiar of Shri Shirur Mutt, AIR 1954 SC 282.
9
Madras Hindu Religious and Charitable Endowment Act, 1951
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On constitutional grounds, the validity of the Act was challenged by Shri
Lakshmindra
Tirtha Swamiar, the mathadhipati of Sirur math
10
who assumed also the office of
mathadhipati of Udipi math at a time when it was under financial crisis. The Hindu
Religious Endowment Board stepped in at this point to assist the Udipi math in getting out
of its financial problems. Apparently the Mathadhipati, Shri Lakshmindra Tirtha Swamiar,
consented to the intervention as he signed over power of attorney to the manager
appointed by the Board. But it seemed that the manager wanted his own way in all affairs
of the math. This caused the mathadhipati to retract his power of attorney and to ignore
the efforts of the Board, which filed a case against the mathadhipati. The mathadhipati
appealed to the Supreme Court on the ground that the Board, whose powers were alleged
to be unconstitutional, had violated his constitutional guarantees under articles 25 and 26
of the Constitution.
The Supreme Court found the case in favour of the math. While giving the judgment, it
seems that the Court has taken a thoughtful approach to the meaning of “religion.”
Besides the Supreme Court seemed to have given an indigenous meaning to what includes
into the category of “secular activities” associated with religion. This ruling of the
Supreme Court has been considered as one of the most important decisions in Indian
jurisprudence with regard to the definition of religion.
11
Mr. Justice Mukerjea who spoke
for the unanimous decision of the Court pointed out that the resolution of the dispute
hinged on the clarification of what ‘matters of religion’ are. He said:
The word “religion” has not been defined in the Constitution and it is a term which in
hardly susceptible of any rigid definition. In an American case (vide Davis v.
Benson
, 133
U.S. 333 at 342), it has been said “that the term ‘religion’ has reference to one’s views of
his relation to his Creator and to the obligations they impose of reverence for His Being
and character and of obedience to His will. It is often confounded with cult us of form or
worship of a particular sect, but is distinguishable from the latter.” We do not think that
the above definition can be regarded as either precise or adequate. Articles 25 and 26 of
our Constitution are based for the most part upon article 44(2) of the Constitution of Eire
and we have great doubt whether a definition of “religion” as given above could have
been in the minds of our
10
V.P. Luthera, op.cit. p. 129.
11
Richard W. Lariviere, “The Indian Supreme Court and The Freedom of Religion”, in Journal of Constitutional and Parliamentary Studies, vol.
IX, no.2 (1975), p. 176
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Constitution-makers when they framed the Constitution. Religion is certainly a matter of
faith with individuals or communities and it is not necessarily theistic. There are well
known religions in India like Buddhism and Jainism, which do not believe in God or in
any Intelligent First Cause. A religion undoubtedly has its basis in a system of beliefs or
doctrines that are regarded by those who profess that religion as conducive to their
spiritual well being, but it would not be correct to say that religion is nothing else but a
doctrine or belief. A religion may not only lay down a code of ethical rules for its
followers to accept, it might prescribe rituals and observances, ceremonies and modes of
worship which are regarded as integral parts of religion, and these forms and observances
might extend even to matters of food and dress.
12
This passage, which has been frequently
quoted by judges and jurists, broadened the protection guaranteed in the Constitution ‘to
practice religion’ as given in article 25
(1). Commenting on clauses (b) and (d) of article 26, the Supreme Court held in the
instant case:
Under Article. 26 (b), therefore, a religious denomination or organization enjoys complete
autonomy in the matter of deciding as to what rites and ceremonies are essential
according to the tenets of the religion they hold and no outside authority has any
jurisdiction to interfere with their decision in such matters.
Of course, the scale of expenses to be incurred in connection with these religious
observances would be a matter of administration of property belonging to the religious
denomination and can be controlled by secular authorities in accordance with any law laid
down by a competent Legislature; for it could not be the injunction of any religion to
destroy the institution and its endowments by incurring wasteful expenditure on rites and
ceremonies. It should be noticed, however, that under Art.26 (d), it is the fundamental
right of a religious denomination or its representative to administer its properties in
accordance with law; and the law, therefore, must leave the right of administration to the
religious denomination itself, subject to such restrictions and regulations as it might
choose to impose.
12
Commissioner, Hindu Religious Endowments, Madras v. Shri Lakshmindra Tirtha Swamiar of Shri Shirur Matt, AIR 1954 SC 282, at 290.
13
Ibid., at 292.
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In conclusion, a wide variety of recommendations about the potential continuation of state
funding for religious groups in India are offered. By bolstering the constitutional and legal
framework, promoting transparency and accountability, ensuring equitable distribution of
funds, encouraging public-private partnerships, and strengthening interfaith dialogue and
cooperation, policymakers can work toward a society that is more harmonious, equitable, and
respectful of the principles of secularism and nondiscrimination
207
.
170
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BOOKS AND WEBSITES
1
https://indiankanoon.org/doc/163639357/
(accessed on 21 April 2021).
2
Ibid., (p. 4).
3
(
Dhavan and Nariman 2000, p. 259
).
4
(
Galanter 1998, p. 278
).
5
For a detailed discussion of the institutional development of India’s regulatory apparatus vis-à-vis Hinduism, see the article by Chad M. Bauman entitled “Litigating the Limits of Religion: Minority and Majority Concerns about Institutional Religious Librey in India,” in this issue.
6
Ibid., p. 280.
7
(
Galanter 1998
).
8
Satri Yagnpurshadji And Others
Vs. Muldas Brudardas Vaishya and Another.
Supreme Court of India. 14 January 1966. Chief Justice P Gajendragdkar. https://indiankanoon.org/doc/145565/
(accessed on 17 April 2021).
9
(
Galanter 1998, p. 281
).
1
0
Ibid., para. 9.23.
11
Dhavan. Religious freedom in India. p. 253.
1
2
https://indiankanoon.org/doc/163639357/paragraph14.3
(accessed on 21 April 2021).
1
3
https://indianexpress.com/article/opinion/columns/sabrimala-gay-rights-adultery-supreme-court-constitution-liberty-without-
statism-chandrachud-5380460/
(accessed on 15 April 2021).
1
4
Ibid.
1
5
https://www.humanrights.dk/sites/humanrights.dk/files/media/document/_%2019_02922-
22%20freedom_of_religion_or_belief_gender_equality_and_the_sustainable_development_%20fd%20487747_1_1.PDF
(accessed on 15 April 2021).
1
6
The research conducted in late 2020 and early 2021 was commisssioned by a European government to assess the impact of the current COVID-19 pandemic on vulnerable populations, including minority and Dalit communities in India. Due to the highly sensitive nature of the research, including increasing limitations on academic work on religion and religious behavior in India, neither the donor government nor the names of the researchers can be published. The study provided a crucial insight into the devastating impact of the pandemic on members of the marginalized Hindu majority community in the two sample sites in South India.
1
7
https://www.organiser.org/Encyc/2020/4/27/TN-Govt-Forces-Hindu-temples-to-contribute-to-CM-Relief-fund-but-showers-largesse-
on-Muslims-during-Ramzan.html
(accessed on 21 April 2021).
1
8
Ibid. (accessed on 21 April 2021).
1
9
https://theprint.in/india/tirupati-temple-to-remain-open-despite-743-staff-members-testing-covid-positive/478679/
(accessed on 23 June 2021).
2
0
https://www.hindustantimes.com/india-news/ttd-head-priest-seeks-temporary-closure-of-tirumala-temple-as-covid-19-casesrise-
demand-gets-rejected/story-D35BRP7bKVy9ec5lmTGAjN.html
(accessed on 22 June 2021).
2
1
https://www.hindustantimes.com/india-news/tirumala-temple-stays-open-amid-curbs-101621191487518.html
(accessed on 23 June 2021).
2
2
(
Galanter 1971, pp. 467–87
). JSTOR
, www.jstor.org/stable/1398174
(accessed on 24 June 2021).
2
3
See Section 8
in this article for more information.
2
4
https://www.thehindu.com/news/national/tamil-nadu/chief-minister-likely-to-head-advisory-panel-for-big-
temples/article34920035.ece
(accessed on 22 June 2021).
2
5
Chief Minister of Uttar Pradesh Yogi Adityanath televised his presence at the Ram temple grounds in Ayodhya and transferred the Ram Lalla idol to the new site. For more, see https://www.thehindu.com/news/national/other-states/up-chief-minister-adityanath-shifts-ram-idol-
amid-lockdown/article31160225.ece
(accesssed on 20 April 2021).
2
6
https://play.google.com/store/apps/details?id=com.kalpnik.vrdevotee&hl=en_IN&gl=US
(accessed on 15 April 2021).
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2
7
https://www.canvas8.com/blog/2020/september/hindu-devotion-app.html
(accessed on 15 April 2021).
2
8
https://frontline.thehindu.com/the-nation/puja-in-the-time-of-pandemic/article32416394.ece
(accessed on 15 April 2021).
2
9
(
Madan 1991, p. 405
).
3
0
(
Nehru 1959, p. 26
).
3
1
(
Embree 1993, pp. 165–82
).
3
2
(
Grewal 1989, p. 665
).
3
3
(
Nehru 1959, p. 72
).
3
4
(
Nehru 1959, p. 383
).
3
5
Ibid.
3
6
(
Embree 1993, pp. 165–82
).
3
7
(
Radhakrishnan 1955, p. 202
).
3
8
(
Goulet 1974, p. 481
).
3
9
BBC interview with (
Rajagopal 2001
).
4
0
Rashtriya Swayamsevak Sangh—a Hindu nationalist paramilitary organization.
4
1
(
Rao 2011, p. 90–105
).
4
2
(
Mankekar 1999
).
4
3
A recent book, Digital Hinduism
, edited by Xenia Zeiler, explores how Hinduism is expressed in the digital sphere and how Hindus utilize digital services for worship (
Zeiler 2020
).
4
4
(
Scheifinger 2008, pp. 233–49
).
4
5
Puja is a form of worship in which an individual experiences a moment of connection with the deity, usually through a visual interaction with the image of the god.
4
6
(
Steinberger 2018
).
4
7
(
Iyer 2018
).
4
8
(
Iyer 2018, p. 240
).
4
9
(
Cnaan 2006
).
5
0
(
Finke and Martin 2012, p. 65
). See also (
Finke and Scheitle 2014, pp. 177–90
; Finke and Stark 1992
).
5
1
https://www.thehindu.com/news/national/other-states/imams-association-asks-to-distribute-zakat-fund-among-hindus-and-muslims-
in-bengal/article31449325.ece
(accessed on 2 July 2021).
5
2
(
Sheth et al. 2019
).
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5
3
(
World Health Organization 2020, p. 1
).
5
4
(
Saini 2016, p. 254
).
5
5
(
Keonig 1999, p. 353
).
5
6
(
VanderWeele 2017, pp. 8148–56
).
5
7
(
Varma 1986, pp. 13–34
; Kulhara et al. 2000, pp. 62–68
; Rao and Begum 1993, pp. 40–42
).
5
8
(
Avasthi et al. 2013, pp. 136–44
).
5
9
(
Christian Counselling Centre Vellore 2020
).
6
0
(
World Health Organization 2019, p. 30
).
6
1
(
Blank 2003
).
6
2
See, e.g., (
Engineer 1981, pp. 652–53
).
6
3
(
Puri 2016
).
6
4
(
Chari 2016
).
6
5
(
Mukundananda 2014
).
6
6
(
Rambachan 2014
).
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BOOKS
1. Basu Durgadas Shorter constitution of India Wadhwa Nagpur. 2004.
2. Avasthi S.K The Constitution Of India Dwivedi Law Agency
Allahabad 2008
3. CunninghamJ. D. History of Sikhs Satvik Media Amritsar 1849.
4. Alagh Samp Singh Excellence of Sikh Shabad Yug Ludhiana.
5. Gum Gobind Singh Ji chandi charitra ukti bilas Dasam granth.
6. Surjit Singh Gandhi Sikhs In The Eighteenth Century Singh Bros
Amritsar 1999.
7. Mcconville Et Al.Research Methods For Law Edinburgh Press.
8. Anwarul Yaqin Legal Research And Writing Methods
Butteworth Wadhwa.
9. Nanded District Gazetteer, Directorate Of Government Printing
And Stationary Bombay.
10.AlanBryman & Emma Bell Business Research Method Oxford
University Press.2007
ll. Basu Durgadas Shorter Constitution Wadhwa Nagapur 2003.
12.1shadi Nan Upnishad Geeta Press Gorakhpur 2004.
13. Nihang Nidar Singh Et A1 In the Masters Presence Sikh Of Hazoor Saib Kashi House London.
14. Bhai GurudasJi's Waran
15. Kashmir Singh,Law Of Religious Institution-Sikh Gurudwara Guru Nanak University.
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16. Alldi Kuppu Swami Gogia & Company Hydrabad 2000. IZBhai Gurudas Ji's Kabit Swaye.
IS.ShriGuru Gobind Singh Ji Muktmarg.
19. Bhai Nandlal Ji
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