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This Article is written by Srimallya Samaddar, A student of Brainware University, Barasat, West Bengal and the article explains about safeguarding religious beliefs under Bhartiya Nyay Sanhita (BNS).

Introduction

Religious beliefs are an integral part of India’s diverse and multicultural society. The Indian legal system has long upheld the fundamental right to religious freedom while ensuring that public order, morality, and the rights of others are not compromised. The Bharatiya Nyaya Sanhita ( BNS ), 2023, which replaces the Indian penal code ( IPC ), continues to provide legal safeguards for religious beliefs.

What is the meaning of religion?

Religion is a range of social and cultural systems, including designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relate humanity to supernatural, transcendental, and spiritual elements. However, there is no scholarly consensus on what precisely constitutes a religion.

Different kinds of religions –

Hinduism – The most practiced religion in India, with about 80% of the population identifying as Hindu. Hindus believe in a variety of gods, goddesses, and other spiritual beings. They practice rituals and ceremonies that are often associated with life events.

Islam – A monotheistic religion that originated in 610 AD with the preaching of Prophet Muhammad. The Quran is the holy book of Muslims.

Christianity – First came to India around 52 CE when Thomas the Apostle established congregations and converted many Jews and Hindus.

Judaism – Judaism is the religion and way of life of the Jewish people. It’s the oldest monotheistic faith in the Abrahamic tradition, which also includes Christianity and Islam.

Buddhism – An ancient Indian religion based on the teachings of Gautama Buddha, who lived in the 6^th or 5^th century BCE.

Sikhism – Along with Buddhists and Jains, Sikhs are grouped with Hinduism in the Indian Constitution.

Jainism – Originated as a countermovement that opposed some of the teachings of early Hinduism. Jains tend to promote vegetarianism and animal welfare.

Zoroastrianism – The Zoroastrian community in India, known as Parsis, arrived in the 8^th century to escape religious persecution.

Baha’i Faith – Stresses the unity of all people and rejects notions of racism, sexism, and nationalism.

Legal protection against offences to religious beliefs under BNS

The Bharatiya Nyaya Sanhita retains many provisions concerning religious protection from the Indian penal code ( IPC ). It covers speech, writing, signs, or any visible representation that insults religion or religious beliefs. The punishment includes imprisonment for up to three years, a fine, or both. This provision ensures that religious sentiments are safeguarded while maintaining public order and harmony in India.

Provisions and penalties of violating the religious beliefs under BNS –

Section 196: Malicious acts intended to outrage religious feelings: This section is similar to section 295A of the Indian penal code (IPC) and criminalizes deliberate and malicious acts that outrage religious sentiments. Like- insulting religious figures or sculptures, desecrating places of worship, making inflammatory remarks against religious communities.

Punishment – Imprisonment of up to 3 years, a fine, or both.

Section 198: Deliberate disruption to religious assemblies: This provision, similar to Indian penal code (IPC) section 296, penalizes anyone who intentionally disrupts lawful religious gatherings, such as prayers, rituals, or festivals.

Punishment – Imprisonment of up to 1 year, a fine, or both.

Section 199: Trespassing on places of worship: This section penalizes individuals who intentionally cause disturbances by trespassing on places of worship to insult a religion or prevent religious ceremonies.

Punishment – Imprisonment of up to 2 years, a fine, or both.

Section 200: promoting enmity between religious groups: Similar to Indian penal code (IPC) section 153A, this provision criminalizes acts that promote disharmony, hatred, or violence between religious groups. This includes hate speeches targeting religious communities, circulating materials that incite religious violence, and spreading misinformation to provoke religious tensions.

Punishment – Imprisonment of up to 5 years, a fine, or both.

Balancing Religious freedom and Public order

Right to freedom of religion (articles 25-28 of the constitution) – while the BNS provides legal safeguards for religious sentiments, these must align with constitutional rights to freedom of religion under articles 25-28. The law ensures that religious freedom does not infringe upon public order, health, or morality, violate the fundamental rights of others, or promote extremist ideologies under the guise of religious practices.

Regulation of hate speech and social media content – In the digital era, religious sentiments can be easily spread through social media, fake news, and online hate speeches. The BNS strengthens legal measures to curb online hate speeches and misinformation that may lead to religious conflicts.

Legal remedies and enforcement – Citizens can seek protection under the Bharatiya Nyaya Sanhita if they face religious prosecution, defamation, or threats. legal remedies include:

Filing a first information report (FIR) under relevant sections of the Bharatiya Nyaya Sanhita
Seeking judicial intervention for protection against religious discrimination
Approaching the courts for injunctions or damages in case of religious defamation

Types of punishments under BNS –

Imprisonment – According to the Bharatiya Nyaya Sanhita, 2023, imprisonment refers to the confinement of a person as a punishment for an offense.

Fine – A fine is a monetary penalty imposed as punishment for a legal or regulatory violation. It serves as a deterrent to undesirable behavior, such as breaking the law or failing to follow specific rules. The amount of a fine varies depending on the severity of the offences and the applicable laws or regulations. Fines are commonly used in many cases, and they are typically intended to encourage compliance without resorting to imprisonment.

Landmark case laws on religious beliefs –

Bijoe Emmanuel v. State of Kerala, 1987, AIR

In this case, three students—Bijoe Emmanuel and his siblings—who were Jehovah’s Witnesses, were expelled from school in Kerala for refusing to sing the Indian national anthem, Jana Gana Mana, during the morning assembly. They stood respectfully but did not sing, as their religious beliefs prohibited them from singing praises to anything other than God. The school authorities took disciplinary action against them, leading their father to file a writ petition before the Kerala High Court, which upheld the school’s decision. The case was then appealed before the Supreme Court of India.

The Supreme Court, in a landmark decision, ruled in favor of the students and held that their expulsion violated their fundamental rights under Article 19(1)(a) (freedom of speech and expression) and Article 25 (freedom of religion) of the Indian Constitution. The Court observed that there was no law that made the singing of the national anthem compulsory.

It further emphasized that the students had shown no disrespect to the anthem and that forcing them to sing would infringe upon their religious freedom. The judgment reinforced the idea that fundamental rights must be protected, even if a person’s actions do not conform to popular sentiment, as long as they do not disrupt public order. This case remains a significant precedent in Indian constitutional law regarding the protection of individual rights against state-imposed conformity.

The Ahmedabad St. Xavier’s College v. State of Gujarat, 1974, AIR SC, 1389

The case Ahmedabad St. Xavier’s College v. State of Gujarat (1974 AIR SC 1389) dealt with the rights of minority educational institutions under Article 30 of the Indian Constitution. St. Xavier’s College, a Christian minority institution, challenged certain provisions of the Gujarat University Act, 1949, which sought to regulate the administration of colleges, including those run by minorities. The college contended that these provisions violated their fundamental rights under Article 30(1), which grants minorities the right to establish and administer educational institutions of their choice.

The Supreme Court, in its judgment, held that while the state could impose reasonable regulations on minority institutions in the interest of academic standards, such regulations should not infringe upon the autonomy of these institutions. The Court struck down the impugned provisions, affirming that minority institutions have the right to administer their institutions without undue interference, thereby strengthening the constitutional protection of minority rights in education.

Shafin jahan v. Ashokan K.M. Ors, 2018, SCC, online SC 201

The case of Shafin Jahan v. Ashokan K.M. & Ors. (2018) SCC Online SC 201 is a landmark judgment by the Supreme Court of India concerning the right to choose one’s partner and personal liberty under Article 21 of the Indian Constitution. The case revolved around Hadiya (formerly Akhila), a Hindu woman who converted to Islam and married Shafin Jahan. Her father, Ashokan K.M., challenged the marriage, alleging that it was a case of forceful conversion and radicalization, often referred to as “love jihad.”

The Kerala High Court annulled the marriage in 2017, stating that Hadiya was influenced and could not make an independent decision. Shafin Jahan challenged this order in the Supreme Court. The Supreme Court, in its judgment, upheld Hadiya’s right to marry a person of her choice, emphasizing that an adult has the autonomy to make personal decisions, including marriage and religion.

The Court set aside the Kerala High Court’s order and reinstated the marriage, reaffirming the fundamental right to personal liberty and freedom of choice. This case became a crucial precedent in matters of individual autonomy, freedom of religion, and the limitations of parental authority in an adult’s personal decisions.

Shayara Bano v. Union of India, AIR 2017 SCC 1388

The case Shayara Bano v. Union of India, AIR 2017 SCC 1388, was a landmark judgment by the Supreme Court of India that declared the practice of talaq-e-bid‘ah (instant triple talaq) unconstitutional. Shayara Bano, the petitioner, was married for 15 years before her husband divorced her through instant triple talaq. She filed a writ petition challenging the constitutional validity of triple talaq, polygamy, and nikah halala on the grounds that they violated her fundamental rights under Articles 14 (equality), 15 (non-discrimination), 21 (right to life with dignity), and 25 (freedom of religion).

The Union of India, along with various women’s rights organizations, supported her claim, arguing that triple talaq was arbitrary and discriminatory against Muslim women. The All India Muslim Personal Law Board (AIMPLB), however, defended the practice as an essential religious practice under Islamic law.

The Supreme Court, in a 3:2 majority verdict, ruled that instant triple talaq was unconstitutional and a violation of Article 14, as it was arbitrary and lacked legal sanctity. The judgment struck down the practice, stating that it was not protected under the right to religious freedom. This decision was a significant step toward gender justice and led to the enactment of the Muslim Women (Protection of Rights on Marriage) Act 2019, which criminalized the practice.

Conclusion

The Bharatiya Nyaya Sanhita upholds India’s commitment to religious pluralism by criminalizing acts that disrupt religious harmony. While ensuring the right to freedom of religion, it also safeguards against misuse of religious sentiments for inciting violence or hatred.

A balanced approach that respects constitutional rights, legal protections, and societal harmony is essential for maintaining India’s rich tradition of religious coexistence. By reinforcing legal safeguards and promoting awareness, the Bharatiya Nyaya Sanhita contributes to a more tolerant and peaceful society where diverse religious beliefs are respected and protected.

References