TITLE: Historical Perspective and Ambit of Right to Freedom of Religion

INTRODUCTION
India is a land of religions, languages and customs. Many religions are flourishing here since
long back, which have their own traditions and beliefs. Therefore India is a multi religious and
multi cultural country from its known history. It was never mono-religious or mono-cultural. The
number of invasions and incursions from Aryans to Mughals added to religious, cultural and
linguistic pluralism. British colonialism also contributed to its cultural and religious multiplicity.
Thus with every invasion and incursion Indian society became more and more complex and rich.
Perhaps no other society of the world is as multi-cultural and multi-religious as Indian society. It
is rightly said that here the Aryans, the nonAryans, the Dravidians and the Chinese, the tribes of
Scythians and Huns, the Afghans and the Muguls have all merged into one body. Indian society
is like a mighty river fed with many tributaries and the main stream flows on and on. Hence,
Indian society is very rich, and well known for wisdom and great thoughts. Secularism is an
important aspect of Indian society, for which it is also well-known in the world. The present
project sheds the light on freedom of religion, historical perspective, worldwide perspective,
constitutional ambit and current challenges in the context of India.
OBJECTIVE OF LEGAL RESEARCH
1. To study the historical perspective which lead to the development of Right to Freedom of
Religion in India as well as world.
2. To study the role of religion in framing the law.
3. To study constitutional ambit of this right.
4. To study current challenges faced under this right.
TYPE OF LEGAL RESEARCH
Legal research may be divided into two streams1. Doctrinal
2. Non-doctrinal
Non-doctrinal research can be qualitative or quantitative while doctrinal is qualitative since it
does not involve statistical analysis of the data. A researcher involved in doctrinal research must

study the law in details. Also, both types of research may overlap to form a third category which
may be a combination of both.
HYPOTHESIS
Only reading and interpreting a provision is not enough one must also know why and how the
specific right was brought in Constitution. What was the major reason and importance of adding
such an article and its historical base.
RESEARCH DESIGN
Research in legal field may be descriptive, explanatory or exploratory depending on the research
aims, objectives and many other factors.
The project is in exploratory design as it seeks to The question of why the law is like this or that
is answered using the explanatory design as the finding can explain the reason for some
occurrences and interpreting cause and effect ,it seeks to explore the history and other
dimensions of the topic.

NATURE OF STUDY
The method of research adopted for the project is analytical methodology. For the present project
relevant data and information has been received and collected from secondary sources and there
has been use of authentic books and websites which provided reliable information and data.
SOURCES OF DATA
The following secondary sources of data have been used in the project1.

Articles.

2.

Books

3.

Journals

4.

Websites

CHAPTERIZATION
Chapter 1-ORIGIN OF THE WORD SECULARISM
According to modern literature secularism has its origin in western countries and it is related to the
separation of the church from the state, which gives the state a position of neutrality between different
religions, while at the same time, it guarantees all citizens right to adhere any religion
Chapter 2-LEGAL HISTORY:
Legal history or the history of law is the study of how law has evolved and why it changed. Legal history
is closely connected to the development of civilizations and is set in the wider context of social history.
Chapter 3-SECULARISM HISTORY IN INDIA:

In ancient India, the Santam Dharma (Hinduism) was basically allowed to develop as a holistic
religion by welcoming different spiritual traditions and trying to integrate them into a common
mainstream.

Chapter 4-THE CONCEPT OF SECULARISM IN INDIA:

India is a secular country and has no State religion. However, it has developed over the years its
own unique concept of secularism that is fundamentally different from the parallel American
concept of secularism requiring complete separation of church and state.
Chapter 5-RIGHT TO FREEDOM OF RELIGION IN INDIAN CONSTITUTION
Constitutions of many countries guarantee freedom of religion and the laws of most of these
countries also circumscribe the scope of the exercise of such right. These rights are mostly
restricted on the grounds of general welfare, morality, health, public order, rights of
others, etc. The terms used thus, are general terms and are subject to various interpretations,
making it difficult for one to arrive at a uniform understanding of the limitation of right to
freedom of religion
Chapter 6-PRACTICE OF SECULARISM IN INDIA:

After a long struggle against Britain's colonial rule, when the Indian subcontinent gets a status of
independent country, then it becomes a pluralistic nation and welcomed religious and cultural
diversity.

Chapter 7-FREEDOM OF RELIGION IN INDIA :CURRENT CHALLENGES

Indian is known for its cultural heterogeneity with respect to language and religion. Thus every
individual do not have the same intellect of mind and thoughts, and when it comes to religion every
individual has his own opinion.

Chapter 8-CONCLUSION: After a long history of communal incident in India, still now,
Secularism is seen as the only possible option that would be able to provide harmonious and peaceful
survival for the different religions and casts of Indian society.