Project Of International Human Rights Introduction The protection of religious freedom in a given society depends on a range of factors, including the degree of political and popular commitment to the principle of religious freedom, and the legal and institutional arrangements for the protection of religious freedom. If political and popular commitment to religious freedom is strong, legal protections may not be as important as they would be in societies where religious liberty is contested, or religious sectarianism or discrimination is rife. This project paper does not attempt to assess the level of political and popular commitment to religious freedom in India , or to draw a conclusion as to the extent or severity of problems that religious individuals or organisations experience on the ground. Instead, it focuses exclusively on the streng strength th of the curren currentt forms forms of legal legal protec protectio tion n availa available ble to religi religious ous indivi individual dualss and organisations in India, and on the way in which religion is treated in the India court s ystem.
International Legal Protection of Freedom of Religion or Belief 1.1
INTRODUCTION
There are numerous international treaties, declarations and other instruments relevant to the protection of religious freedom. India is a party to several such instruments and thus has an obligation in international law to comply with them. While the decisions of international bodies are not a substitute for thoughtful decisions within India about the appropriate way to protect reli religi gious ous free freedom dom in the the Indi Indian an cont contex ext, t, they they do prov provid idee a usef useful ul form form of inte intern rnat atio ional nal benchmarking. In addition, international treaties have hav e implications for Indian law. While While they do not directly become part of Indian law, they do influence the interpretation of legislation and the development of the common law. In addition, and perhaps most importantly for the purposes of this report, they provide a basis which both permits the Indian to legislate on matters relating to religion and also provides boundaries to the extent of that power. 1.2
INTER INTERN NT TION IONL L PRO PROTE TECT CTIO ION N OF FREE FREEDO DO! ! OF RELI" RELI"ION ION OR OR BELIE BELIEF F
1.2.1 1.2.1
Uni#er$a Uni#er$all Decla Declarat ration ion of %uman %uman Rig&t$' Rig&t$' 1()*
While the regulation of religion, including some degree of religious toleration or liberty, has been included in international treaties treaties for hundreds of years, the modern approach to the protection of religi religious ous freedom freedom traces traces its roots to the Univer Universal sal eclar eclarati ation on of !uman !uman "ights "ights of #$%& #$%& # '(Universal eclaration)*. The Universal eclaration was passed by the United +ations eneral -ssembly and is thus not a binding treaty, but has become an important reference point for the protection of universal human rights and may have become customary international law.
1 GA Res 217A (III), U GAOR, !r" sess, 1#!r" $len mtg, U %oc A&R'&217A (III) (1*#)+ 1
Project Of International Human Rights - number of the Universal eclaration)s provisions are relevant to religious freedom, but the two most significant are arts and #&. -rticle prohibits discrimination on a number of bases, including religion 'see the -ppendix for the full text*. The prohibition of discrimination on the basis of religion is reflected in a wide range of international treaties treaties and other instruments. -rticle #& of the Universal eclaration is the key provision protecting freedom of religion or belief. It reads/ 0veryone has the right to freedom of thought, conscience and religion1 this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. 1.2.2 1.2.2
Internat Internationa ionall Co#enan Co#enantt on Ci#il Ci#il and and Politic Political al Rig&t Rig&t$' $' 1(++ 1(++
The Universal eclaration was followed by two treaties that created binding obligations on those states 'including India* that became parties to them. The most relevant of these from the point of view view of religi religious ous freedom freedom was the Intern Internati ational onal 2ovenan 2ovenantt on 2ivil 2ivil and 3oliti 3olitical cal "ights "ights 4 '(I223")*, which includes a non5discrimination provision in art 'see the -ppendix* and a specific protection of religious freedom in art #&. While art #& of the I223" is based b ased on art #& of the Universal eclaration, there are a number of distinctions that reflect the growing controversy in the international community over the scope of religious freedom between the drafting of the two instruments. -rticle #& reads/ #.0veryone #.0veryone shall have the right to freedom freedom of thought, thought, conscience and religion. religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. . +o one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice. 4. 6reedom to manifest one)s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.
2 ee, eg, on-ention Against %iscrimination %iscrimination in '"ucation, o$ene" for signature signature 1* %ecem.er 1/0, *2 U !, arts 12, 3 (entere" into force force 22 4a5 1/2)6 International on-ention on the 'limination of All orms of Racial %iscrimination, o$ene" for signature 7 4arch 1//, //0 U 13, art 3(-ii) (entere" into force * 8anuar5 1/) (9I'R%:)6 International International o-enant o-enant on i-il an" an" Political Political Rights, ! IPR, a.o-e n *+ he other ;as the International International o-enant on 'conomic, ocial an" ultural Rights, o$ene" for signature 1/ %ecem.er 1//, U ! (entere" into force ! 8anuar5 17/) 2
Project Of International Human Rights %. The 7tates 3arties to the present 2ovenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to en sure the religious and moral education of their children in conformity with their own convictions. -rticle #& is a more detailed provision for the protection of religious freedom than the provision in the Universal eclaration. 7ome points of particular note in the distinctions between the I223" and the Universal eclaration are as follows. The unambiguous protection of the right to (change) religion in the Universal eclaration has been replaced with the less clear (have or adopt) in the I223", although the consensus among scholars working in this area is that this formulation still includes the right to change religion.% In addition, a prohibition against coercion has been included. If religious freedom is to be protected in Indian law, it would be preferable to use the unambiguous formulation referring to the right to change religion. The I223" also explicitly protects the right of parents and guardians to (ensure the religious and moral education of their children in conformity with their own convictions.) - similar formulation is found in the 0uropean 2onvention on !uman "ights.8 1.2.,Declaration on t&e Elimination of ll Form$ of Intolerance and of Di$crimination Ba$ed on Religion or Belief' 1(*1
It was intended that the general protection of religious freedom in the I223" be followed by a more detailed treaty on religious freedom and non5discrimination. To date, however, there has not been sufficient international consensus or political will to allow for such a treaty to be drafted. Instead, the eneral -ssembly of the United +ations has passed a non5binding declaration on religious freedom/ the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief of 1981 (‘1981 Declaration’ 6 ). The full text of the #$&# eclaration can be found in the -ppendix. 9uch of the #$&# eclaration overlaps with and repeats the provisions of art #& of the I223". 7ometimes it develops those rights, for example by including not only a right to non5 discrimination on the basis of religion 'art *, but also creating a positive obligation on 7tates to (take effective measures to prevent and eliminate discrimination on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, economic, political, social and cultural life) 'art %'#**. It further elaborates on the right of parents:guardians to have their children educated according to their religious beliefs and includes the right to organise family life according to religious beliefs 'art 8'#**. !owever, it * ee, eg, Unite" ations Human Rights ommittee, General omment 22< he Right to ree"om of hought, onscience an" Religion (Art 1#), =3>, U %oc PR&&21&Re-+1&A""+* (1!) (9General omment 22:)+ 3Protocol to the on-ention for the Protection of Human Rights an" un"amental ree"oms, o$ene" for signature 20 4arch 132, 21! U 2/2, art 2 (entere" into force 1# 4a5 13*) (9Protocol 1 to 'HR:)+ / 1#1 %eclaration, a.o-e n * !
Project Of International Human Rights adds the limitation that (practices of a religion or belief in which a child is brought up must not be injurious to his physical or mental health or to his full development) 'art 8'8**. The most important development in the #$&# eclaration is that a more detailed list of manifestations of religion is set out in art ; in addition to the traditional formulation of (worship, observance, practice, and teaching) set out in the Universal eclaration and I223". The manifestations set out in art ; are inclusive, rather than comprehensive, and thus only represent a sub5section of the possible range of manifestations that are protected in international law. The manifestations set out are particularly focused on the rights of religious groups and organisations, including the right to autonomy in the selection of clergy 'art ;'g**, the right to purchase and maintain places and objects of worship 'art ;'c**, and the right to raise funds for religious purposes 'art ;'b**. There is less detail on individual manifestations of freedom of religion or belief. 1.2.)Ot&er Rele#ant International In$trument$ and Ca$e-La
- number of other international treaties, declarations and general comments refer to religion or the protection of religious belief, at least in passing. - number of these are set out in the -ppendix and there is not space here to describe them comprehensively. 7imilarly, a comprehensive review of the international case5law interpreting these articles is not possible here. !owever, several key points about their content can be made/ < The principle of non5discrimination on the basis of religion or belief is well established and is reiterated in almost all of the relevant instruments. If there is a part of the international law of religious freedom that can lay serious claim to being customary international law, it would be this protection of all people from discrimination on the basis of religion. '-lthough it should be noted that, despite its legal clarity, it is a principle that is hardly universally observed.* < The right to freedom of religion or belief encompasses a wide range of both traditional and newer religions, and also beliefs such as atheism, agnosticism, and humanism. It also extends to certain other serious and cogent beliefs 'for example, pacifism* but precisely what bounds there are to the types of beliefs covered is unclear. < 6reedom of religion or belief can be exercised both alone and with others1 it has an individual and a collective aspect. It is for the individual, rather than the state, to decide whether to exercise the right individually and:or collectively. < When individuals choose to exercise their religion within an organised religious group, the 7tate must respect the autonomy of this group with respect to decisions (such as the freedom to choose their religious leaders, priests and teachers, the freedom to establish seminaries or religious schools and the freedom to prepare and distribute religious texts or publications.) That does not mean that these elements of religious freedom can never be limited in compliance with the limitations provisions in the I223", but rather is a recognition that the communal aspects of religious practice are important and can only be limited where necessary in a democratic society for one of the reasons set out in the I223". Interference by the state in issues such as the
*
Project Of International Human Rights selection of clergy and other central aspects of religious practice would re=uire significant justification. < "eligious autonomy does not mean, however, that religious organisations are (above the law) or that any restrictions or re=uirements on religious organisations are illegitimate. The precise boundaries of religious autonomy, and the extent to which respect for religious autonomy should apply to works of religious groups, such as running schools or hospitals, is still contested. < 6reedom of religion or belief has both an internal and an external aspect. The internal aspect 'which includes freedom of thought, conscience and religion* should not be interfered with. 0xternal manifestations of religion or belief can be legitimately limited but only when (prescribed by law) and (necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others) 'emphasis added*. "estrictions must be p roportionate to the end served. < While international treaties recognise that freedom of religion may be limited because it interferes with the rights and freedoms of others, the determination as to when religious freedom should prevail over other rights has to be undertaken on a case5by5case basis. !uman rights courts have been prepared to limit religious freedom for a wide variety of reasons in recent years. 1.,
T%E RELE/NCE OF INTERNTIONL L0
There are three primary ways in which the international law on religious freedom is relevant to #. The international treaties to which India is a party and the international customary law that binds India create legal obligations in the international sphere to which India is obliged to adhere. In the case of some of the treaties which protect religious freedom 'for example, the I223"* individuals may bring complaints to international bodies if India fails to fulfil its obligations. . International human rights law may be relevant to interpreting Indian statutes or developing the common law in Indian courts. 4. International law may create both a basis on which the Indian government can pass legislation to regulate religious freedom and also circumscribe the limits to that legislative power. 1.,.1
International Oligation$
When India becomes a party to an international treaty, it takes on a legal obligation to act consistently with the treaty. This does not translate into an obligation on the government or rights of individuals that are directly enforceable in Indian courts. It is sometimes said that international obligations re=uire (transformation) through a decision of the Indian legislature or courts before they become Indian law.
7imilarly, there are certain rules of customary international law that are binding on all members of the international community. 7ome of these have their basis in non5binding but politically and 3
Project Of International Human Rights morally significant declarations of the eneral -ssembly, such as the Universal eclaration. While these declarations do not create binding legal obligations in themselves, over time they may develop into customary international law if there is sufficiently significant state practice and a belief in the international community that they have become law. 2ustomary international law must also undergo a process of transformation before it becomes Indian law, although there is some debate over its relationship with the common law.
espite the fact that an obligation at international law cannot be directly enforced in Indian courts, it remains an obligation in the international sphere. International obligations must be adhered to and domestic legal > or even constitutional > arrangements do not provide an excuse for a failure to implement these obligations. 7ome international treaties include provisions that allow for their enforcement in international institutions. 9ost notably in the context of religious freedom, the I223" allows for both other member states and individuals to bring complaints '(communications)* to the !uman "ights 2ommittee if they believe that their I223"5protected rights 'including freedom of religion* have been violated by India. While communications brought by other 7tates are rare, individual communications by Indians have become more common. The opinion of the !uman "ights 2ommittee is only advisory and there is no direct enforcement of the decisions of the 2ommittee. !owever, India suffers reputational loss when it loses these cases and its capacity to work to promote human rights in the broader international community is lessened if it is perceived that India ignores the rulings of expert, international human rights bodies.
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Project Of International Human Rights
2 CONTITUTIONL PROTECTION OF R ELI"IOU FREEDO! 2.1 INTRODUCTION
6reedom of religion in India is a fundamental right guaranteed b y -rticle #8 and -rticle 8 of the 2onstitution of India. 9odern India came into existence in #$%? and the Indian constitution@s preamble was amended in #$?; to state that India is a secular state. 0very citiAen of India has a right to practice and promote their religion peacefully. 2.1.1
T&e Indian Conce3t of eculari$m
2onstitutionally, India is a secular country and has no 7tate religion. !owever, it has developed over the years its own uni=ue concept of secularism that is fundamentally different from the parallel -merican concept of secularism re=uiring complete separation of church and state, as also from the 6rench ideal of lacite 5 described as @an essential compromise whereby religion is relegated entirely to the private sphere and has no place in public life whatsoever@. espite the clear incorporation of all the basic principles of secularism into various provisions of the 2onstitution when originally enacted, its preamble did not then include the word @secular@ in the short description of the country which it called a @7overeign emocratic "epublic). This was not an inadvertent omission but a well5calculated decision meant to avoid any misgiving that India was to adopt any of the western notions of a secular state. Twenty5five years later 5 by which time India@s own concept of secularism had been fully established through judicial decisions and state practice 5 the preamble to the 2onstitution was amended by the 2onstitution '6orty5second -mendment* -ct #$?; to include the word @secular@ along with @socialist@, to declare India to be a @7overeign 7ocialist 7ecular emocratic "epublic@. -s will be seen below, there is a blend of secular and religious elements within the text of the 2onstitution and it is this admixture that defines and determines the contours of secularism to be acted upon by the 7tate and the religious freedom to be exercised by individuals and communities in modern India. We are a secular nation, but neither in law nor in practice there exists in this country any @wall of separation@ between religion and the 7tate 5 the two can, and often do, interact and intervene in each other@s affairs within the legally prescribed and judicially settled parameters. Indian secularism does not re=uire a total banishment of religion from the societal or even 7tate affairs. The only demand of secularism, as mandated by the Indian 2onstitution, is that the 7tate must treat nil religious creeds and their respective adherents absolutely e=ually and without any discrimination in all matters under its direct or indirect control.
7
Project Of International Human Rights In an early case after the commencement of the 2onstitution a court had examined the U7 principle of the @wall of separation@ between religion and 7tate and 2oncluded that there are provisions in the Indian 2onstitution which are (inconsistent with the theory that there should be a wall of separation between 2hurch and 7tate@ B Narayanan Namboodripad v State of Madras 7 . In the leading case of SR Bommai v Union of India8 various judges of the 7upreme 2ourt of India individually explained the significance and place of secularism under the 2onstitution in very meaningful words sampled below/ 'i* The 2onstitution has chosen secularism as its vehicle to establish an egalitarian social order. 7ecularism is part of the fundamental law and basic structure of the Indian political system. 'ii* +otwithstanding the fact that the words @7ocialist@ and @7ecular@ were added in the 3reamble of the 2onstitution, the concept of secularism was very much embedded in our constitutional philosophy from the very beginning. Cy this amendment what was implicit was made explicit. 'iii* 2onstitutional provisions prohibit the establishment of a theocratic 7tate and prevent the 7tate from identifying itself with or otherwise favouring any particular religion 'iv* 7ecularism is more than a passive attitude of religious tolerance. It is a positive concept of e=ual treatment of all religions. 'v* When the 7tate allows citiAens to practice and profess their religion, it does not either explicitly or implicitly allow them to introduce religion into non5religious and secular activities of the 7tate. The freedom and tolerance of religion is only to the extent of permitting pursuit of spiritual life which is different from the secular life. The latter falls in the exclusive domain of the affairs of the 7tate. 2.1.2. Pro3o$ed mendment$
Dn two different occasions attempts were made to amend the 2onstitution with a view to further strengthening and clarifying its provisions on secularism, but the Cills moved for this purpose could not be enacted for technical reasons. -mong these Cills were/ 'a* 2onstitution '6orty5fifth* -mendment Cill #$?& proposing to define the expression @7ecular "epublic@ as @a "epublic in which there is e=ual respect for all religions@. 'b* 2onstitution '0ightieth -mendment* Cill #$$4 seeking to empower 3arliament to ban parties and associations if they promote religious disharmony and dis=ualify members who indulge in such misconduct. 2.2. "eneral Con$titutional Pro#i$ion$ on Religion 2.2.1. E4ualit5 6 Non-Di$crimination
7 AIR 133 4a" !#3 # (1*) ! 1 #
Project Of International Human Rights The 2onstitution of India contains in its 2hapter on 6undamental "ights several provisions that emphasiAe complete legal e=uality of its citiAens irrespective of their religion and creed and prohibit any kind of religion5based discrimination between them. -mong these provisions are the following/ #. The 7tate shall not deny to any person e=uality before the law or the e=ual protection of the laws within the territory of India 5 -rticle #%. . The 7tate shall not discriminate against any citiAen on grounds only of religion, race, caste, sex, place of birth, or any of them, either in general or in the matter of access to or use of general and public places and conveniences 5 -rticle #8. 4. There shall be e=uality of opportunity for all citiAens in the matter of employment or appointments under the 7tate and no citiAen shall, on grounds only of religion be ineligible for, or discriminated against, in respect of any employment or office under the 7tate 5 -rticle #;.
%. The traditional religious concept of @untouchability@ stands abolished find its practice in any form I+ .strictly forbidden 5 -rticle #?. 8. If the 7tate imposes compulsory service on citiAens for public purposes no discrimination shall be made in this regard on the ground of religion only 5 -rticle 4'*. To meet the demands of -rticle #? noted above, soon after the commencement of the 2onstitution 3arliament had enac ted an Untouchability 'Dffenses* -ct, which was later amended and renamed as the 3rotection of 2ivil "ights -ct #$88. The -ct prescribes penalties for the practice of untouchability in various specified forms. - second law enacted in this respect is the 7cheduled 2astes and 7cheduled Tribes '3revention of -rocities* -ct #$&$. 2.2.2 Freedom of Religion Indi#idual7$ Rig&t$
"eligious freedom as an individual@s right is guaranteed by the 2onstitution to @all persons@ within the following parameters/ #. -ll persons are e=ually entitled to freedom of conscience and the right freely to profess, practise and propagate religion B -rticle 8'#*. . There shall be freedom as to payment of taxes for promotion of any particular religion by virtue of which no person shall be compelled to pay any taxes the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religious denomination 5 -rticle ?. 4. +o religious instruction is to be provided in the schools wholly maintained by 7tate funding1 and those attending any 7tate recogniAed or 7tate5aided school cannot be re=uired to take part in any religious instruction or services without their 'or if they are minor their guardian@s* consent 5 -rticle &. "rou3 Rig&t$
Project Of International Human Rights 6reedom of religion is guaranteed by the 2onstitution of India as a group right in the following ways/ #. 0very religious denomination or any section thereof has the right to manage its religious affairs1 establish and maintain institutions for religious and charitable purposes1 and own, ac=u ire and administer properties of all kinds 5 -rticle ;. . -ny section of the citiAens having a distinct language, script or culture of its own shall have the right to conserve the same 5 -rticle $. 4. "eligious and linguistic minorities are free to establish and administer educational institutions of their choice, which shall not be discriminated against by the 7tate in the matter of giving aid or compensation in the event of ac=uisition 5 -rticle 4E.
2.2.,. Limit$ of Religion$ Freedom
The 6undamental "ight to religious freedom cannot be enjoyed in an absolutely unrestricted way. There are limitations within which these rights can bu exercised, as also lawful restrictions which can be imposed by the 7tate on such rights, as detailed below/ #. The right to freedom of religion is, in general, subject to public order, morality, health and the other provisions of the 2onstitution 5 -rticle 8. . espite the right to religious freedom, the 7tate can pass laws providing for social welfare and reform and also to regulate or restrict any secular activity 5 economic, financial, and political, etc. 5 even though it may be traditionally associated with religion 5 -rticle 8'*. 4. espite the minorities@ right to establish and maintain educational institutions, no citiAen can be kept away from any 7tate5aided or 7tate5 maintained educational institution only on religious grounds 5 -rticle $'*. 2.2.). Rela8ation of Rig&t$
The 7tate can, by way of positive discrimination and affirmative action, make special provisions in certain cases as detailed below, and these will not be deemed to be detracting from the provisions relating to the rights of e=uality and non5discrimination in general/ #. espite the right to e=uality, the 7tate can provide special measures for women and children, and for the advancement of any socially and educationally backward class of citiAens, or for the 7cheduled 2astes and 7cheduled Tribes 5 -rticle #8'%*. . espite the right to e=uality, the 7tate can reserve appointments or posts for any backward class of citiAens not ade=uately represented in 7tate services 5 -rticle #;'%*.
10
Project Of International Human Rights 4. espite the right to e=uality, a law may re=uire that the incumbent of a religious or denominational office, or member of such a committee, must be a person of the concerned religion B -rticle #;'8*. %. espite the right to e=uality, in terms of a irective 3rinciple of 7tate 3olicy the 7tate shall promote with special care the economic and educational interest of the weaker sections of the people, including but not exclusively the 7chedules 2astes and 7cheduled tribes, and shall protect them from social injustice and exploitation 5 -rticle %;.
2.2.9. Fundamental Dutie$
The 2hapter on 6undamental uties, inserted into the 2onstitution by the 2onstitution '6orty5 second -mendment* -ct #$?;, includes the following among the basic national obligations of all the citiAens/ #. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities 5 -rticle 8#-'e*. . To value and preserve the rich heritage of our composite culture 5 -rticle 8#- 'f*.
2.2.+. Religiou$ !atter$ under Di$triution of Poer$
Under -rticle %; of the 2onstitution read with 7chedule FIII various religious matters noted below fall in the jurisdiction of the 7tate 5 and both 3arliament and the state legislatures, or either of them, can legislate on such mutters/ i. 3ilgrimage outside India 5 Union Gist, entry E1 ii. 3ilgrimage within India 5 7tate Gist, entry ?1 iii. Curials H burial grounds, cremations H cremation grounds5 7tate Gist, entry #E1 iv. 6amily relations, succession H all other personal5law matters 52oncu rrent Gist, entry 81 v. 2harities, charitable institutions H endowments B 2oncurrent Gist1 entry &1 vi. "eligious endowments H religious institutions B 2oncurrent Gist, entry &. 2.2.:. No Role for Religion in Election$
Cy a dictate of the 2onstitution religion has no role to play in elections to 3arliament and 7tate -ssemblies and 2ouncils. 6or all elections to central and state legislatures the electoral rolls for every constituency shall be general and common and no person can either be excluded from, or included in, any such roll only on the basis of his or her religion 5 -rticle 8.
11
Project Of International Human Rights To implement this provision of the 2onstitution the election law contained ii the "epresentation of the 3eople -ct #$8# incorporates provisions declaring the use of religion during electioneering both a @corrupt practice@ that will vitiate the election of the winning candidate and also a punishable offence. 2.2.*. ;udicial Inter3retation
In numerous cases the courts have commented upon, explained an interpreted the provisions of the 2onstitution on e=uality, non discrimination and religious freedom. The decisions in most of these cases have been given i the contexts of the rights of particular religious communities or under sped1 laws relating to such communities. - brief on major decisions follows/
What is "eligion The 2onstitution uses but does not define the expressions @religion@ and @religious denomination@ and therefore the courts have found it necessary to explain the meaning and connotation of these words. The 7upreme 2ourt has observed that/ In the background of the provisions of the 2onstitution and the light shed by judicial precedent we may say that religion is a matter of faith. It is a matter of belief and doctrine. It concerns the conscience, i.e., the spirit of man. It must be capable of expression in word and deed, such as worship or ritual 5 SP Mittal v Union of India9 . Rig&t to Religiou$ Freedom
Interpreting the constitutional provisions relating to freedom of religion the 7upreme 2ourt has observed/ The right to religion guaranteed under -rticles 8 H ; is not an absolute or unfettered right1 they are subject to reform on social welfare by appropriate legislation by the state. The 2ourt therefore while interpreting -rticle 8 and ; strikes a careful balance between matters which are essential and integral part and those which are not and the need for the 7tate to regulate or control in the interests of the community > AS Narayana Deesitaly! v State of Andrn Prades "# . The right to religion guaranteed under -rticle 8 or ; is not an absolute or unfettered right1 they are subject to reform on social welfare by appropriate legislation by the 7tate. The 2ourt therefore while interpreting -rticle There have been numerous other rulings explaining the scope and connotation of the religious liberty provisions in the 2onstitution. iven below is a summary of the major rulings/
a. -rticles 854E embody the principles of religious tolerance that has been the characteristic feature of Indian civiliAation from the start of history. They serve to emphasiAe the secular nature AIR 1#! 1 10 (1/) 3*# 12
Project Of International Human Rights of Indian democracy which the founding fathers considered should be the very basis of the 2onstitution 5 Sardar S!edna $aiiir Saifiiddin v State of Bombay "". b. 6reedom of conscience connotes a person@s right to entertain beliefs and doctrines concerning matters which are regarded by him to be conducive to his spiritual well being 5 Ratilal Pana%and &andi v State of Bombay "' . c. To profess a religion means the right to declare freely and openly one@s faith 5 Pun
Project Of International Human Rights i. The expression @matters of religion@ in -rticle ; extends to acts done in pursuance of religion and covers rituals, observances, ceremonies and modes of worship B 0a1annat Raman!2 Das v State of 3rissa AIR "9)( S4 (##5 Dar1a 4ommittee v 6!sain A6 "9. j. - religious denomination has the right to lay down the rites and ceremonies to be performed by its members 5 Raman!2 v $amil Nad! State'#. k. - @common burden@ 'e.g., land revenue* which is imposed on all does not violate the right of a religious denomination 5 "o#t. of Tamil Nadu # &oila 21. l. 3roperty of a religious denomination violating the agrarian reform and land ceiling laws can be lawfully ac=uired by the 7tate 5 Narendra v State of &!2arat ''. m. - law which takes away the right of administration from a denomination and vests it in a secular body would infringe upon the 2onstitution 5 Ratilal Pana%and &andi v State of Bombay' . n. 7ince the 7tate is secular and freedom of religion is guaranteed both to individuals and groups, it is against the constitutional policy to pay out of public funds any money for the promotion or maintenance of a particular religion 5 4ommissioner 6ind! Reli1io!s ndoments v ,$ Samiar '( .
CONCLUION
6rom above analysis we can attribute that Indian constitution provide far stronger and more comprehensive laws relating to freedom of religion or beliefs than international laws. !owever, then also more legislation are needed to dealt organisations with sectarian agendas, overall however Indian constitution do provide proper protection to religious still our society been witnessing sectarian rife. In this regard our political and civil class have to be proactive. Dn the international arena, there are some strong treaties to deal with right to religion but still international laws lacks power to strictly deals with states who are in violations of these laws moreover, all the international organisations cannot able to help or to provide any help to people 1 AIR 1/1 1*02 20AIR 172 13#/ 21 AIR 1#7 2*3 22 AIR 17* 20# 2! AIR 13* !## 2* AIR 13* 2#2 1*
Project Of International Human Rights or communities who are suffering in sectarian socities without permission from concerned states 'who are sometimes oppressor*. Therefore, keeping these views it is necessary to bring stringent international laws which not only provide protection to religious beliefs of peoples, organisation and communities but also been authorised with powers to take stringent actions against violators. 9oreover, to bring universal and harmonious attitude towards freedom to any religious beliefs we need to emphasis towards others factors such as political, social and cultural aspects with proper legal framework in place, then only a world can be peaceful place where every human rights are respected and protected including right to religion
,
PPENDI=> E=TRCT FRO! ELECTED INTERNTIONL INTRU!ENT ON R ELI"IOU FREEDO!
,.1%U!N R I"%T TRETIE ,.1.1 International 4ovenant on 4ivil and Politi%al Ri1ts ' o3ened for $ignature 1+ Decemer 1(++' ((( UNT 1:1' art$ 2' )' 1*' 2?' 2)' 2+' 2: @entered into force 2, !arc& 1(:+A @ICCPRA rticle 2
13
Project Of International Human Rights 1+ 'ach tate Part5 to the $resent o-enant un"erta?es to res$ect an" to ensure to all in"i-i"uals ;ithin its territor5 an" su.ject to its juris"iction the rights recogni@e" in the $resent o-enant, ;ithout "istinction of an5 ?in", such as race, colour, se, language, religion, $olitical or other o$inion, national or social origin, $ro$ert5, .irth or other status+ B
Article 4 1+ In time of $u.lic emergenc5 ;hich threatens the life of the nation an" the eistence of ;hich is oCciall5 $roclaime", the tates Parties to the $resent o-enant ma5 ta?e measures "erogating from their o.ligations un"er the $resent o-enant to the etent strictl5 reDuire" .5 the eigencies of the situation, $ro-i"e" that such measures are not inconsistent ;ith their other o.ligations un"er international la; an" "o not in-ol-e "iscrimination solel5 on the groun" of race, colour, se, language, religion or social origin+ B
Article 18
#. E#er5one $&all &a#e t&e rig&t to freedom of t&oug&t' con$cience and religion. T&i$ rig&t $&all include freedom to &a#e or to ado3t a religion or elief of &i$ c&oice' and freedom' eit&er indi#iduall5 or in communit5 it& ot&er$ and in 3ulic or 3ri#ate' to manife$t &i$ religion or elief in or$&i3' o$er#ance' 3ractice and teac&ing. 2. No one $&all e $u
J . -ny advocacy of national, racial or religiou$ &atred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. Article 24
1/
Project Of International Human Rights #. 0very child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are re=uired by his status as a minor, on the part of his family, society and the 7tate. B
rticle 2+
-ll persons are e=ual before the law and are entitled without any discrimination to the e=ual protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons e=ual and effective protection against discrimination on any ground such as race, colour, sex, language, religion , political or other opinion, national or social origin, property, birth or other status. rticle 2:
In those 7tates in which ethnic' religiou$ or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.
,.1.2
4onvention A1ainst Dis%rimination in d!%ation ' ado3ted on 1) Decemer 1(+?' )2( UNT (,' art$ 1' 2' 9 @entered into force 22 !a5 1(+2A
Article 1 1+ or the $ur$ose of this on-ention, the term E"iscriminationE inclu"es an5 "istinction, eclusion, limitation or $reference ;hich, .eing .ase" on race, colour, se, language, religion , $olitical or other o$inion, national or social origin, economic con"ition or .irth, has the $ur$ose or eFect of nullif5ing or im$airing eDualit5 of treatment in e"ucation an" in $articular< (a)
Of "e$ri-ing an5 $erson or grou$ of $ersons of access to e"ucation of an5 t5$e or at an5 le-el6
(.)
Of limiting an5 $erson or grou$ of $ersons to e"ucation of an inferior stan"ar"6
(c)
u.ject to the $ro-isions of article 2 of this on-ention, of esta.lishing or maintaining se$arate e"ucational s5stems or institutions for $ersons or grou$s of $ersons6 or
(")
Of inicting on an5 $erson or grou$ of $ersons con"itions ;hich are incom$ati.le ;ith the "ignit5 of man+
17
Project Of International Human Rights …
Article 2 hen $ermitte" in a tate, the follo;ing situations shall not .e "eeme" to constitute "iscrimination, ;ithin the meaning of article 1 of this on-ention< B (.)
he esta.lishment or maintenance, for religious or linguistic reasons, of se$arate e"ucational s5stems or institutions oFering an e"ucation ;hich is in ?ee$ing ;ith the ;ishes of the $u$ils $arents or legal guar"ians, if $artici$ation in such s5stems or atten"ance at such institutions is o$tional an" if the e"ucation $ro-i"e" conforms to such stan"ar"s as ma5 .e lai" "o;n or a$$ro-e" .5 the com$etent authorities, in $articular for e"ucation of the same le-el6
B
Article 5 1+ he tates Parties to this on-ention agree that< (a)
'"ucation shall .e "irecte" to the full "e-elo$ment of the human $ersonalit5 an" to the strengthening of res$ect for human rights an" fun"amental free"oms6 it shall $romote un"erstan"ing, tolerance an" frien"shi$ among all nations, racial or religious grou$s, an" shall further the acti-ities of the Unite" ations for the maintenance of $eace6
(.)
It is essential to res$ect the li.ert5 of $arents an", ;here a$$lica.le, of legal guar"ians, Jrstl5 to choose for their chil"ren institutions other than those maintaine" .5 the $u.lic authorities .ut conforming to such minimum e"ucational stan"ar"s as ma5 .e lai" "o;n or a$$ro-e" .5 the com$etent authorities an", secon"l5, to ensure in a manner consistent ;ith the $roce"ures follo;e" in the tate for the a$$lication of its legislation, the religious an" moral e"ucation of the chil"ren in conformit5 ;ith their o;n con-ictions6 an" no $erson or grou$ of $ersons shoul" .e com$elle" to recei-e religious instruction inconsistent ;ith his or their con-iction6
B
1#
Project Of International Human Rights ,.1.,
4onvention on te limination of All :orms of Dis%rimination A1ainst ;omen ' o3ened for $ignature 1* Decemer 1(:(' 12)( UNT 1,' art 2 @entered into force , e3temer 1(*1A @CED0A
=ote< his on-ention contains no s$eciJc articles relating to free"om of religion an" .elief, .ut contains general $rinci$les $rohi.iting all forms of "iscrimination against ;omen an" reDuires states to ;or? to;ar"s mo"if5ing or a.olishing customs an" $ractices (most li?el5 inclu"ing religious ones) that un"ermine the eDualit5 of men an" ;omen+>
Article 2 tates Parties con"emn "iscrimination against ;omen in all its forms, agree to $ursue .5 all a$$ro$riate means an" ;ithout "ela5 a $olic5 of eliminating "iscrimination against ;omen an", to this en", un"erta?e< (a)
o em.o"5 the $rinci$le of the eDualit5 of men an" ;omen in their national constitutions or other a$$ro$riate legislation if not 5et incor$orate" therein an" to ensure, through la; an" other a$$ro$riate means, the $ractical reali@ation of this $rinci$le6
(.)
o a"o$t a$$ro$riate legislati-e an" other measures, inclu"ing sanctions ;here a$$ro$riate, $rohi.iting all "iscrimination against ;omen6
(c)
o esta.lish legal $rotection of the rights of ;omen on an eDual .asis ;ith men an" to ensure through com$etent national tri.unals an" other $u.lic institutions the eFecti-e $rotection of ;omen against an5 act of "iscrimination6
(")
o refrain from engaging in an5 act or $ractice of "iscrimination against ;omen an" to ensure that $u.lic authorities an" institutions shall act in conformit5 ;ith this o.ligation6
(e)
o ta?e all a$$ro$riate measures to eliminate "iscrimination against ;omen .5 an5 $erson, organi@ation or enter$rise6
(f)
o ta?e all a$$ro$riate measures, inclu"ing legislation, to mo"if5 or a.olish eisting la;s, regulations, customs an" $ractices ;hich constitute "iscrimination against ;omen6
(g)
o re$eal all national $enal $ro-isions ;hich constitute "iscrimination against ;omen+
1
Project Of International Human Rights ,.1.)
4onvention on te Ri1ts of te 4ild ' o3ened for $ignature 2? No#emer 1(*(' 19:: UNT ,' art$ 2' 1)' 2?' 2( @entered into force 2 e3temer 1((?A @CROCA
Article 2 1+ tates Parties shall res$ect an" ensure the rights set forth in the $resent on-ention to each chil" ;ithin their juris"iction ;ithout "iscrimination of an5 ?in", irres$ecti-e of the chil"s or his or her $arents or legal guar"ians race, colour, se, language, religion , $olitical or other o$inion, national, ethnic or social origin, $ro$ert5, "isa.ilit5, .irth or other status+ B
Article 14 1+ tates Parties shall res$ect the right of the chil" to free"om of thought, conscience an" religion + 2+ tates Parties shall res$ect the rights an" "uties of the $arents an", ;hen a$$lica.le, legal guar"ians, to $ro-i"e "irection to the chil" in the eercise of his or her right in a manner consistent ;ith the e-ol-ing ca$acities of the chil"+ !+ ree"om to manifest ones religion or .eliefs ma5 .e su.ject onl5 to such limitations as are $rescri.e" .5 la; an" are necessar5 to $rotect $u.lic safet5, or"er, health or morals, or the fun"amental rights an" free"oms of others+
Article 20 1+ A chil" tem$oraril5 or $ermanentl5 "e$ri-e" of his or her famil5 en-ironment, or in ;hose o;n .est interests cannot .e allo;e" to remain in that en-ironment, shall .e entitle" to s$ecial $rotection an" assistance $ro-i"e" .5 the tate+ 2+ tates Parties shall in accor"ance ;ith their national la;s ensure alternati-e care for such a chil"+ !+ uch care coul" inclu"e, inter alia, foster $lacement, a"o$tion or if necessar5 $lacement in suita.le institutions for the care of chil"ren+ hen consi"ering solutions, "ue regar" shall .e $ai" to the "esira.ilit5 of continuit5 in a chil"s u$.ringing an" to the chil"s ethnic, religious, cultural an" linguistic .ac?groun"+
Article 29 1+ tates Parties agree that the e"ucation of the chil" shall .e "irecte" to< B
20
Project Of International Human Rights
(")
he $re$aration of the chil" for res$onsi.le life in a free societ5, in the s$irit of un"erstan"ing, $eace, tolerance, eDualit5 of sees, an" frien"shi$ among all $eo$les, ethnic, national an" religious grou$s an" $ersons of in"igenous origin
B
,.1.9 International 4onvention on te limination of All :orms of Ra%ial Dis%rimination' o3ened for $ignature : !arc& 1(++' ++? UNT 1(9' art 9 @entered into force ) ;anuar5 1(+(A @ICERDA Article 5 In com$liance ;ith the fun"amental o.ligations lai" "o;n in article 2 of this on-ention, tates Parties un"erta?e to $rohi.it an" to eliminate racial "iscrimination in all its forms an" to guarantee the right of e-er5one, ;ithout "istinction as to race, colour, or national or ethnic origin, to eDualit5 .efore the la;, nota.l5 in the enjo5ment of the follo;ing rights< B
(vii)
The right to freedom of thought, conscience and religion;
B
,.2%U!N R I"%T DECLRTION ,.2.1
Universal De%laration of 6!man Ri1ts ' " Re$ 21: @IIIA' UN "OR' , rd $e$$' 1*,rd 3len mtg' art$ 2' 1+' 1*' 2+' UN Doc RE21: @IIIA @1()*A
rticle 2
0veryone is entitled to all the rights and freedoms set forth in this eclaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 6urthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non5self5governing or under any other limitation of sovereignty.
21
Project Of International Human Rights rticle 1+
#. 9en and women of full age, without any limitation due to race, nationality or religion , have the right to marry and to found a family. They are entitled to e=ual rights as to marriage, during marriage and at its dissolution. J rticle 1* E#er5one &a$ t&e rig&t to freedom of t&oug&t' con$cience and religion t&i$ rig&t include$ freedom to c&ange &i$ religion or elief' and freedom' eit&er alone or in communit5 it& ot&er$ and in 3ulic or 3ri#ate' to manife$t &i$ religion or elief in teac&ing' 3ractice' or$&i3 and o$er#ance. rticle 2+
J . 0ducation shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It $&all 3romote under$tanding' tolerance and friend$&i3 among all nation$' racial or religiou$ grou3$' and $&all furt&er t&e acti#itie$ of t&e United Nation$ for t&e maintenance of 3eace. J
,.2.2 De%laration on te limination of All :orms of Intoleran%e and of Dis%rimination Based on Reli1ion or Belief ' " Re$ ,+99' ,+ UN "OR u33 @No 91A' ,+ t& $e$$' :,rd 3len mtg' art$ 1G*' UN Doc ,++*) @1(*1A Article 1 1 !ver"one shall have the right to freedom of thought, conscience and religion This right shall include freedom to have a religion or #hatever $elief of his choice, and freedom, either individuall" or in communit" #ith others and in %u$lic or %rivate, to manifest his religion or $elief in #orshi%, o$servance, %ractice and teaching
2 &o one shall $e su$'ect to coercion #hich #ould im%air his freedom to have a religion or $elief of his choice + !+ ree"om to manifest ones religion or .elief ma5 .e su.ject onl5 to such limitations as are $rescri.e" .5 la; an" are necessar5 to $rotect $u.lic safet5, or"er, health or morals or the fun"amental rights an" free"oms of others+ 22
Project Of International Human Rights Article 2 1+ o one shall .e su.ject to "iscrimination .5 an5 tate, institution, grou$ of $ersons, or $erson on the groun"s of religion or other .elief+ 2+ or the $ur$oses of the $resent %eclaration, the e$ression Eintolerance an" "iscrimination .ase" on religion or .eliefE means an5 "istinction, eclusion, restriction or $reference .ase" on religion or .elief an" ha-ing as its $ur$ose or as its eFect nulliJcation or im$airment of the recognition, enjo5ment or eercise of human rights an" fun"amental free"oms on an eDual .asis+
Article %iscrimination .et;een human .eings on the groun"s of religion or .elief constitutes an aFront to human "ignit5 an" a "isa-o;al of the $rinci$les of the harter of the Unite" ations, an" shall .e con"emne" as a -iolation of the human rights an" fun"amental free"oms $roclaime" in the Uni-ersal %eclaration of Human Rights an" enunciate" in "etail in the International o-enants on Human Rights, an" as an o.stacle to frien"l5 an" $eaceful relations .et;een nations+
Article 4 1+ All tates shall ta?e eFecti-e measures to $re-ent an" eliminate "iscrimination on the groun"s of religion or .elief in the recognition, eercise an" enjo5ment of human rights an" fun"amental free"oms in all Jel"s of ci-il, economic, $olitical, social an" cultural life+ 2+ All tates shall ma?e all eForts to enact or rescin" legislation ;here necessar5 to $rohi.it an5 such "iscrimination, an" to ta?e all a$$ro$riate measures to com.at intolerance on the groun"s of religion or other .eliefs in this matter+
Article 5 1+ he $arents or, as the case ma5 .e, the legal guar"ians of the chil" ha-e the right to organi@e the life ;ithin the famil5 in accor"ance ;ith their religion or .elief an" .earing in min" the moral e"ucation in ;hich the5 .elie-e the chil" shoul" .e .rought u$+
2 !ver" child shall en'o" the right to have access to education in the matter of religion or $elief in accordance #ith the #ishes of his %arents or, as the case ma" $e, legal guardians, and shall not $e com%elled to receive teaching on religion or $elief against the #ishes of his %arents or legal guardians, the $est interests of the child $eing the guiding %rinci%le !+ he chil" shall .e $rotecte" from an5 form of "iscrimination on the groun" of religion or .elief+ He shall .e .rought u$ in a s$irit of un"erstan"ing, tolerance, frien"shi$ among $eo$les, $eace an" uni-ersal .rotherhoo", res$ect for free"om of religion or .elief of others, an" in full consciousness that his energ5 an" talents shoul" .e "e-ote" to the ser-ice of his fello; men+ 2!
Project Of International Human Rights *+ In the case of a chil" ;ho is not un"er the care either of his $arents or of legal guar"ians, "ue account shall .e ta?en of their e$resse" ;ishes or of an5 other $roof of their ;ishes in the matter of religion or .elief, the .est interests of the chil" .eing the gui"ing $rinci$le+
5 ractices of a religion or $elief in #hich a child is $rought u% must not $e in'urious to his %h"sical or mental health or to his full develo%ment, ta*ing into account article 1, %aragra%h , of the %resent +eclaration Article In accor"ance ;ith article 1 of the $resent %eclaration, an" su.ject to the $ro-isions of article 1, $aragra$h !, the right to free"om of thought, conscience, religion or .elief shall inclu"e, inter alia, the follo;ing free"oms<
(a)
To #orshi% or assem$le in connection #ith a religion or $elief, and to esta$lish and maintain %laces for these %ur%oses;
($)
To esta$lish and maintain humanitarian institutions;
(c)
To ma*e, ac-uire and use to an ade-uate e.tent the necessar" articles and materials related to the rites or customs of a religion or $elief;
(d)
To #rite, issue and disseminate relevant %u$lications in these areas;
(e)
To teach a religion or $elief in %laces suita$le for these %ur%oses;
(f)
To solicit and receive voluntar" /nancial contri$utions from individuals and institutions;
(g)
To train, a%%oint, elect or designate $" succession a%%ro%riate leaders called for $" the re-uirements and standards of an" religion or $elief;
(h)
To o$serve da"s of rest and to cele$rate holida"s and ceremonies in accordance #ith the %rece%ts of ones religion or $elief;
(i)
To esta$lish and maintain communications #ith individuals and communities in matters of religion and $elief at the national and international levels
Article
2*
a%%ro%riate
charita$le
and
or
other
Project Of International Human Rights he rights an" free"oms set forth in the $resent %eclaration shall .e accor"e" in national legislation in such a manner that e-er5one shall .e a.le to a-ail himself of such rights an" free"oms in $ractice+
Article 8 othing in the $resent %eclaration shall .e construe" as restricting or "erogating from an5 right "eJne" in the Uni-ersal %eclaration of Human Rights an" the International o-enants on Human Rights+
,.2., De%laration on te Ri1ts of Persons Belon1in1 to National or tni% Reli1io!s and ,in1!isti% Minorities ' " Re$ ):1,9' anne8' ): UN "OR u33 @No )(A' art$ 1' 2' )' UN Doc ):)( @1((2A rticle 1
#. 7tates shall protect the existence and the national or ethnic, cultural, religiou$ and linguistic identity of minorities within their respective territories and shall encourage conditions for the promotion of that identity. . 7tates shall adopt appropriate legislative and other measures to achieve those ends. rticle 2
#. 3ersons belonging to national or ethnic, religiou$ and linguistic minorities 'hereinafter referred to as persons belonging to minorities* have the right to enjoy their own culture, to profess and practise their own religion, and to use their own language, in private and in public, freely and without interference or any form of discrimination. . 3ersons belonging to minorities have the right to participate effectively in cultural, religiou$ , social, economic and public life. 4. 3ersons belonging to minorities have the right to participate effectively in decisions on the national and, where appropriate, regional level concerning the minority to which they belong or the regions in which they live, in a manner not incompatible with national legislation. %. 3ersons belonging to minorities have the right to establish and maintain their own associations. 8. 3ersons belonging to minorities have the right to establish and maintain, without any discrimination, free and peaceful contacts with other members of their group and with persons belonging to other minorities, as well as contacts across frontiers with citiAens of other 7tates to whom they are related by national or ethnic, religiou$ or linguistic ties.
23
Project Of International Human Rights Article 4 B 2+ tates shall ta?e measures to create fa-oura.le con"itions to ena.le $ersons .elonging to minorities to e$ress their characteristics an" to "e-elo$ their culture, language, religion, tra"itions an" customs, ece$t ;here s$eciJc $ractices are in -iolation of national la; an" contrar5 to international stan"ar"s+
) BIBLIO"RP%H • • • • • • •
Upendra, Caxi The 6uture of !uman "ights, +ew elhi/ Dxford University 3ress, EE !.D, -ggarwal, !uman "ights, 2entral Gaw 3ublications, E#% 7.K. Kapoor, International Gaw and !uman "ights, 2entral Gaw -gency, E#% .. Casu, !uman "ights in 2onstitutional Gaw, Gexis +exis, EE& 9.K. 7inha, Implementation of Casis !uman "ights, Gexis, +exis, E# 4 . Casu, Introduction to the 2onstitution of India 'Wadhwa, +agpur, EE&* r. 9.3. Lain / Indian 2onstitutional Gaw 'Gexis +exis, Cutterworths, EE*
2/
