AUTHOR’S NAME : Divya Badrinath Bholwankar
UNIVERSITY – Sant Gadge Baba Amravati University
INTRODUCTION
The secularism is the creation of the society in which the all people who does not belong to a particular religion but live together happily and peacefully it means that no one shall be subject to the discrimination by the state or institution the term secular means all the religion are equal before the law and treat all the people equally. The word secularism is added in the preamble of our constitution through 42ndAmendment Act of 1976, the secularism is the seperation of the religion from all political and social culture life. The concept of secularism come to writing during the mid17th century, during French revolution.The idea was to separate the government from church. Religious freedom is a fundamental right enshrined in the Constitution of India, reflecting the nation’s commitment to diversity and pluralism. Diwali, the festival of lights, is one of the most widely celebrated religious festivals in India. This blog aims to explore the legal dimensions of religious freedom in the context of Diwali, examining relevant cases that have shaped the jurisprudence surrounding this issue.
WHAT IS RELIGIOUS FREEDOM?
Religious freedom, also known as freedom of religion or freedom of belief, is a fundamental human right that encompasses the right to practice, express, and manifest one’s religion or beliefs, both individually and in community with others. It is a core element of the broader concept of freedom of thought, conscience, and expression.
CONCEPT OF RELIGIOUS FREEDOM AND DIWALI
- Diwali is one of the most popular religious festival which is celebrate in all over the world in the cast like Jain Buddhist Sikhism and Hinduism
- Festival of Diwali is the part of the social engagement and cultural connection
- In India the constitution makers was the view that the view that we have the multi religious freedom we should not adopt any official religion and you all people are free to accept any religion
- But according to the changing time and the condition it is a very important to restrict the person right to religion
- Sometimes subject to the public order morality and health the court can restrict the religion freedom for the welfare of the society because the welfare of the people is a supreme law which is mention in legal maxim salus populi suprema lex
- Recently The Indian supreme court has impose a ban on fire crackers across the country the ban comes before the Diwali the supreme court said that the state take all the necessary step to stop the air pollution and noise pollution
- in the religious matter the supreme court give the statement that a celebration by polluting the environment is all about selfish
- All the people have the religious freedom but they also have the fundamental duties so it is the duty of the citizen to take care the environment
- In India Delhi is a highly polluted States so on the and the occasion of Diwali it is important to ban on crackers to prevent the health issue cause to the children and even old age person
CASE LAWS:
CONSTITUTIONAL FRAMEWORK
The Indian Constitution guarantees the right to freedom of religion under Article 25, which ensures that all individuals have the right to freely profess, practice, and propagate their religion. Diwali, being a significant Hindu festival, often involves various religious practices and rituals that enjoy constitutional protection.
The case of Bijoe Emmanuel v. State of Kerala is a landmark judgment that dealt with the right to religious freedom in the context of a student’s refusal to sing the national anthem on religious grounds. The Supreme Court held that the right to freely practice one’s religion includes the right to abstain from singing the national anthem if it goes against one’s religious beliefs. This case establishes a precedent for the protection of individual religious practices, even in public spaces
FREEDOM OF EXPRESSION AND CULTURAL CELEBRATIONS:
Diwali, as a cultural celebration, involves various forms of expression, including public displays of lights, fireworks, and artistic performances. The right to freedom of expression, protected under Article 19(1)(a) of the Constitution, intersects with religious freedom during Diwali celebrations.
In Anand Patwardhan v. Union of India, the Bombay High Court addressed the issue of restrictions on the use of fireworks during Diwali due to environmental concerns. The court acknowledged the cultural and religious significance of fireworks during Diwali but also recognized the state’s authority to regulate such activities in the interest of public health and the environment. This case highlights the delicate balance between religious freedom and the state’s regulatory powers in the context of cultural celebrations.
ENVIRONMENTAL CONCERNS AND REGULATORY MEASURES:
Diwali, known for its vibrant fireworks displays, has faced increased scrutiny in recent years due to environmental concerns, particularly air pollution. Regulatory measures have been implemented to strike a balance between religious freedom and environmental protection.
In Arjun Gopal v. Union of India, the Supreme Court addressed the issue of air pollution caused by the burning of firecrackers during Diwali. The court imposed restrictions on the sale and use of fireworks, considering the adverse impact on air quality. This case underscores the state’s responsibility to regulate activities that may affect public health and the environment, even in the context of religious celebrations.
CONCLUSION
The constitution of India envisages a secular model and provides that every person has the right and freedom to choose and practice his or her religion. India is the unique state in which the people can believe on any religion according to their choices. Diwali serves as a pertinent lens through which to examine the legal intricacies of religious freedom in India. As the country continues to navigate the intersection of religious practices, cultural celebrations, and regulatory measures, legal cases play a crucial role in shaping the contours of this dynamic landscape. Striking a balance between religious freedom and societal concerns remains an ongoing challenge, and legal analyses of cases contribute to the evolving discourse surrounding this issue in the Indian context.