SC on Freedom of Religion vs. Public Order: Hijab & Conversion Cases
- ByAdmin --
- 30 Jun 2025 --
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In a diverse and constitutionally secular country like India, the supreme court often finds itself balancing the freedom of religion with concerns related to public order, morality, and state interest. Two of the most debated topics in recent years—the Hijab ban in educational institutions and anti-conversion laws—highlight this complex intersection of rights, state control, and societal order.
This article explores how the SC has approached these sensitive issues, the constitutional provisions at play, and the ongoing debate between personal belief and public regulation.
Constitutional Provisions in Focus
- Article 25(1) – Guarantees all persons the right to freely profess, practice, and propagate religion.
- Article 25(2) – Allows the State to regulate or restrict religious practices in the interest of public order, morality, and health.
- Article 26 – Grants religious denominations rights to manage their own affairs.
- Article 19(1)(a) – Protects freedom of expression, including attire and belief.
- Article 14 – Ensures equality before the law.
Hijab Case: Is It an Essential Religious Practice?
Background
In Karnataka, students were barred from wearing hijab in government schools and colleges citing uniform rules. The matter escalated to the courts, with the key question being: Is wearing hijab an essential religious practice under Islam protected by Article 25?
Supreme Court Proceedings
- A split verdict was delivered in October 2022.
- One judge upheld the Karnataka High Court’s decision that hijab was not essential to Islam and that the uniform policy aimed at promoting equality and discipline.
- The dissenting judge argued that the ban violated individual choice, freedom of conscience, and religious expression.
Current Status
The matter remains pending before a larger SC bench. Meanwhile, educational institutions retain the power to enforce dress codes.
Key Debate
- Freedom of religion and expression vs. state’s authority to regulate uniforms and maintain secular order in public institutions.
Anti-Conversion Laws: Freedom or Fear?
Background
Several states have enacted laws restricting religious conversions through force, fraud, inducement, or marriage. Critics argue these laws violate the right to propagate religion under Article 25, while states claim they are necessary to prevent unlawful conversions.
Supreme Court Stand
- In multiple cases, including Rev Stan Swamy v. State of Jharkhand and petitions challenging Uttar Pradesh and Madhya Pradesh conversion laws, the SC has not yet struck down these laws but has agreed to examine them in depth.
- The Court has issued notices to states and consolidated multiple petitions but has stopped short of granting blanket relief.
Key Concerns
- Burden of proof often falls on the accused under these laws.
- Requirements such as prior permission from the District Magistrate are seen as infringing on personal liberty and privacy.
- The core issue: Can the State control how, why, and when a person changes their faith?
Judicial Balancing Act: What the Court Tries to Uphold
- Neutrality: The SC aims to remain neutral between religious expression and state authority.
- Proportionality: Any restriction on religious freedom must be proportionate and necessary in a democratic society.
- Secularism: The Court often refers to India’s secular character, which protects all faiths equally without promoting or suppressing any.
Conclusion
The Supreme Court’s handling of the Hijab and conversion cases reflects the delicate tension between individual freedoms and collective social interests. While Article 25 promises freedom of religion, that freedom is not absolute—it is subject to public order and other constitutional principles.
The challenge before the Court is to ensure that state regulations do not become tools for religious suppression, while also acknowledging the State’s legitimate role in maintaining order and equality. The final verdicts in these cases will shape the contours of religious freedom in India for generations to come.b
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