Polity : Right to Religion

This topic contains 8 replies, has 3 voices, and was last updated by  RahulRasalan 2 years, 9 months ago.

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  • #993

    Dr Haroon Ashraf
    Participant

    “State cannot hinder a citizen’s right to practice religion assuming that there will be law and order problems.” Examine the position of Article 25 of Indian constitution vis-a-vis the responsibility of the state to maintain public order.

    #994

    Suresh Kumar
    Participant

    Indian Secularism is different from Western Secularism. Indian constitution provides freedom conscience and religion to all the people. Indian Constitution promotes all religions equally, though there is no state religion.
    But the state has the right to regulate religion on the basis of public order or morality. So, if there is a possibility of law and order problem the responsibility of the state is to ensure peace and tranquility. In greater public interest religion should be regulated.

    #1296

    Dr Haroon Ashraf
    Participant

    Dear Suresh,

    Your answer is insufficient to comment on, yet let me present the basic premises and approach that may help in this question.

    The government of Bengal prohibited idol immersion during Muharram, saying it could give rise to a law and order problem, given the Tazia procession of Muharram also takes place. The Calcutta High Court had on Thursday struck down a state government circular.

    In order to ensure that both the immersion procession of Durga Puja and the Tazia procession of Muharram take place smoothly, the High Court asked the state government to keep the routes for both processions different.

    The HC said the state had to provide “concrete grounds” for the decision, and “cannot hinder a citizen’s right to practice religion assuming that there will be law and order problems.”

    The right to freedom of conscience and the right to freely to profess practice and propagate religion in article 25 is subject to public order, morality and health and the government have every right to control religious affairs to protect law and order. Indian secularism, which promotes every religion equally, gives this control in the hands of the government. But at the same time, these restrictions should not be based on arbitrary decisions but should be based on concrete intelligence reports. India is having a history of different religious communities cooperating with each other during their festivals and unless there is some tension, the government should not be prejudiced to think that there will be communal tension.

    #1298

    RahulRasalan
    Participant

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    #1299

    RahulRasalan
    Participant

     

    #1300

    RahulRasalan
    Participant

    #1301

    RahulRasalan
    Participant

    Sir please check my answer.

    #1302

    Dr Haroon Ashraf
    Participant

    Dear Rahul,

    1. I would like to ask the time taken to write this answer. If you took more than 10 minutes (actual time frame for UPSC IAS is 9 mts) the exercise may not help you as an answer writing practice. Though, it may help you as a learning exercise.

    2. There is no compulsion that you should write 200 words. The UPSC IAS Mains question paper clearly says the length on the answer doesn’t matter, but content does.

    Hence, you could have avoided first two paragraphs, or atleast trimmed them to smaller size.

    Regarding the content:

    The answer is fine… Only thing is that you could have added the restrictions should be based on sound findings rather than fear in some minds without any concrete evidence.

    One factual correction: There is no idol immersion of muslims. They only take up procession. The hindus will have a procession ending in idol immersion.

    #1304

    RahulRasalan
    Participant

    Thank you sir for the feedback. It took me around 15-18 mins to write this answers.

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