"The interpretation of Article 25 of the Constitution came before the High Court of Bombay in a different context. And it may not be out of place to quote the following observation from their judgment in Civil Application No. 880 and Miscellaneous Application No. 212 of 1952, dated the 12th September 1952, reported in A.I.R. 1953, Bombay, page 242. Chagla, Chief Justice says:- “(4) It may be said that both Articles 25 and 26 deal with religious freedom, but, as I shall presently point out, religious freedom, as contemplated by our Constitution, is not unrestricted freedom. The religious freedom which has been safeguarded by the Constitution is religious freedom which must be envisaged in the context of a secular State. It is not every aspect of religion that has been safeguarded nor has the Constitution provided that every religious activity cannot be interfered with.” (page 244). “Article 25 protects religious freedom as far as individuals are concerned. The right is not only given to the citizens of India but to all persons, and the right is to profess, practise and propagate religion. But here again the right is not an unrestricted right. It is a right subject to public order, morality and health, and further it permits the State to make any law regulating or restricting any economic, financial, political or other secular activity, although it may be associated with religious practice, and there is a further right given to the State and that is that the State can legislate for social welfare and reform even though in doing so it may interfere with the profession, practice and propagation of religion by an individual.” (page 244.) In the same judgment, Justice Shah says - “Article 25 has conferred upon the citizens and others residing within the State freedom to profess, practise and propagate religion. That is subject to the legislative power of the State Legislature to legislate so as to regulate or restrict the activity of any person which may be associated with religious practices. The right, therefore, which is conferred by Article 25 is not an absolute or unfettered right of freedom of professing or practising or propagating religion, but it is subject to legislation by the State limiting or regulating any activity, economic, financial, political or secular, associated with religious practice. Similarly, that right is also subject to the social welfare and reform legislation of the State. Therefore, Article 25, while conferring a right upon the citizens and other freely to profess, practise, and propagate their religion, does not confer upon the citizens and others an unfettered right to carry on economic, financial, political or secular activities in association with religious practices, nor does it prevent the State from passing any legislation for purposes of social welfare and reforms, even though such legislation might directly or indirectly be inconsistent with the religious beliefs of some of the religious denominations.” (page 252-A)."
January 1, 1970
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