Article 25 and Public Health Restrictions

Article 25 protects every person's freedom of conscience and right to profess, practise and propagate religion, but it does not make religious practices unlimited. It expressly subjects these freedoms to public order, morality, health, and the other provisions of Part III, allowing the State to protect people from harmful effects of religious activities.

Constitutional basis of the health limitation

The health limitation is part of Article 25(1) itself, not an exception added by ordinary legislation. Religious freedom must therefore operate alongside the fundamental rights of others.

• The protection of life under Article 21 includes protection of health and enjoyment of pollution-free water and air.
• Article 25(2)(a) also permits laws regulating economic, financial, political or other secular activities associated with religious practice.
• The constitutional distinction is between protecting religious freedom and granting immunity to every activity undertaken in the name of religion.

Why public health must be protected

Religious observances can involve activities whose effects extend beyond participants. Air and noise pollution, for example, can affect neighbours, passers-by and people who do not share the belief or participate in the celebration.

• Smoke and particulate pollution can harm respiratory health, while excessive noise can disturb sleep and damage hearing.
• Children, older persons and people with existing illnesses may be especially vulnerable to these effects.
• The health qualification prevents one person's exercise of religious freedom from imposing avoidable harm on others.
• Article 48A directs the State to protect and improve the environment, while Article 51A(g) makes environmental protection a fundamental duty of citizens.

How health-based restrictions should operate

The State may regulate harmful conduct associated with religious observances, but invoking public health does not automatically justify every restriction. Measures must have a lawful basis and respect equality and proportionality.

• The Environment (Protection) Act, 1986 and the Noise Pollution (Regulation and Control) Rules, 2000 provide statutory frameworks relevant to controlling pollution.
• Restrictions may address the timing, location, sound levels or manner of an activity rather than prohibit religious observance altogether.
• A claim that an activity is religious does not remove the express health limitation, even where the activity attracts Article 25 protection.
• Restrictions should address the demonstrated harm without unjustified discrimination between religious communities and remain open to judicial review.