Meaning of word 'religion' - Indian Laws - General

Meaning of word 'religion' The word 'religion' has been defined in Oxford dictionary thus: Religion: the belief in and worship of a superhuman controlling power, especially a personal God or gods: ideas about the relationship between science and religion. details of belief as taught or discussed: children should be taught religion in schools. a particular system of faith and worship: the world's great religions. a pursuit or interest to which someone ascribes supreme importance: consumerism is the new religion. The word 'religion' has been defined in Black Law Dictionary as: A system of faith and worship usu. involving belief in a supreme being and usu. containing a moral or ethical code; esp. such a system recognised and practiced by a particular church, sect, or denomination. In construing the protections under the Establishment Clause and the Free Exercise Clause, courts have interpreted the term religion quite broadly to include a wide variety of theistic and nontheistic beliefs. Religion is a very vide expression. With the virtue, as founded on reverence of God, is a system of Divine Faith and Worship as opposed to others. As observed in Tomlins Law Dictionary religion is a habit of reverence towards the Divine nature, whereby we are enabled and inclined to serve and worship after such a manner as have conceived most acceptable is called religion. Religion is ordinarily understood to mean some system of faith and practice resting on the idea of the existence of God that creates and rules. Religion in generic means the religion of man and not the religion of any class of men. In Commissioner of H.R.E. v. Sri Lakshmindra Thirtha Swamiar of Sri Shrirur Mutt.- 1954 (4) TMI 29 - SUPREME COURT , it has been observed that religion is certainly a matter of faith with individuals or communities and it is not necessarily theistic. There are well known religions which do not believe in God or any intelligent first cause. A religion undoubtedly has its basis in a system of beliefs and doctrines which are regarded by those who propose that religion as conducive to their spiritual well being, but it would not be correct to say that religion is nothing else but a doctrine of belief. There are teaching also which differs from religion. The teachings of Shri Aurbindo are only philosophy and not religion as observed by this Court in S.P. Mittal v. Union of India - 1982 (11) TMI 169 - SUPREME COURT . Religion is a collection of cultural system, belief systems that establishes symbols which relate humanity to spirituality and sometimes to moral values. There are 19 major religious groupings in the world and from them a total of 10,000 distinct religions exists. Although only about 270 of those have half a million or more followers. In the US alone over 2500 different religious faith entities can be observed. Religion is an institution established by man for various reasons. [K.S. VARGHESE AND ORS. VERSUS ST. PETER'S AND PAUL'S SYRIAN ORTH. AND ORS.- 2017 (7) TMI 1440 - SUPREME COURT] In A.S. Narayana Deekshitulu- 1996 (3) TMI 580 - SUPREME COURT, this Court considered the concept of religion Under Article 25 of the Constitution of India. This Court considered the rituals of various types and made a distinction as follows: 39. Swami Vivekananda in his lecture on Religion and Science incorporated in The Complete Works (Vol. VI, Sixth Edition) had stated at page 81 thus: Experience is the only source of knowledge. In the word, religion is the only science where there is no surety, because it is not taught as a science of experience. This should not be. There is always, however, a small group of men who teach religion from experience. They are called mystics, and these mystics in every religion speak the same tongue and teach the same truth. This is the real science of religion. As mathematics in every part of the world does not differ, so the mystics do not differ. They are all similarly constituted and similarly situated. Their experience is the same; and this becomes law. In Volume II, Ninth Edn. At page 432, Swamiji said that: There are two worlds; the microcosm and the macrocosm, the internal and the external. We get truth from both these by means of experience. The truth gathered from internal experience is psychology, metaphysics and religion; from external experience, the physical sciences. Now a perfect truth should be in harmony with experience in both these worlds. The microcosm must bear testimony to the macrocosm and the macrocosm to the microcosm; physical truth must have its counterpart in the internal world, and internal world must have its verification outside. The importance of rituals in religious life is relevant for evocation of mystic and symbolic beginnings of the journey but on them the truth of a religious experience cannot stand. The truth of a religious experience is far more direct, perceptible and important to human existence. It is the fullness of religious experience which must be assured by temples, where the images of the Lord in resplendent glory is housed. To them all must have an equal right to plead and in a manner of such directness and simplicity that every human being can approach the doors of the Eternal with equality and with equal access and thereby exercise greater freedom in his own life. It is essential that the value of law must be tested by its certainty in reiterating the Core of Religious Experience and if a law seeks to separate the non-essential from the essential so that the essential can have a greater focus of attention in those who believe in such an experience, the object of such a law cannot be described as unlawful but possibly somewhat visionary. This Court in A.S. Narayana Deekshitulu (supra) has also held that religion in Articles 25 and 26 has to be construed in its strict and etymological sense. Every aspect of religion is not safeguarded by the Constitution. This Court held as follows: 89. A religion undoubtedly has its basis in a system of beliefs and doctrine which are regarded by those who profess religion to be conducive to their spiritual well-being. A religion is not merely an opinion, doctrine or belief. It has outward expression in acts as well. It is not every aspect of religion that has been safeguarded by Articles 25 and 26 nor has the Constitution provided that every religious activity cannot be interfered with. Religion, therefore, cannot be construed in the context of Articles 25 and 26 in its strict and etymological sense. Every religion must believe in a conscience and ethical and moral precepts. Therefore, whatever binds a man to his own conscience and whatever moral or ethical principles regulate the lives of men believing in that theistic, conscience or religious belief that alone can constitute religion as understood in the Constitution which fosters feeling of brotherhood, amity, fraternity and equality of all persons which find their foothold in secular aspect of the Constitution. Secular activities and aspects do not constitute religion which brings under its own cloak every human activity. There is nothing which a man can do, whether in the way of wearing clothes or food or drink, which is not considered a religious activity. Every mundane or human activity was not intended to be protected by the Constitution under the guise of religion. The approach to construe the protection of religion or matters of religion or religious practices guaranteed by Articles 25 and 26 must be viewed with pragmatism since by the very nature of things, it would be extremely difficult, if not impossible, to define the expression religion or matters of religion or religious belief or practice. 90. In pluralistic society like India, as stated earlier, there are numerous religious groups who practise diverse forms of worship or practise religions, rituals, rites etc.; even among Hindus, different denominants and sects residing within the country or abroad profess different religious faiths, beliefs, practices. They seek to identify religion with what may in substance be mere facets of religion. It would, therefore, be difficult to devise a definition of religion which would be regarded as applicable to all religions or matters of religious practices. To one class of persons a mere dogma or precept or a doctrine may be predominant in the matter of religion; to others, rituals or ceremonies may be predominant facets of religion; and to yet another class of persons a code of conduct or a mode of life may constitute religion. Even to different persons professing the same religious faith some of the facets of religion may have varying significance. It may not be possible, therefore, to devise a precise definition of universal application as to what is religion and what are matters of religious belief or religious practice. That is far from saying that it is not possible to state with reasonable certainty the limits within which the Constitution conferred a right to profess religion. Therefore, the right to religion guaranteed Under Article 25 and 26 is not an absolute or unfettered right to propagating religion which is subject to legislation by the State limiting or regulating any activity -- economic, financial, political or secular which are associated with religious belief, faith, practice or custom. They are subject to reform on social welfare by appropriate legislation by the State. Though religious practices and performances of acts in pursuance of religious belief are as much a part of religion as faith or belief in a particular doctrine, that by itself is not conclusive or decisive. What are essential parts of religion or religious belief or matters of religion and religious practice is essentially a question of fact to be considered in the context in which the question has arisen and the evidence -- factual or legislative or historic -- presented in that context is required to be considered and a decision reached. This Court held that with the abolition of the hereditary right, the right to a share in collections, as per custom also stands abolished. Prescription of the qualifications for appointment under the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 was held to be valid and legal and not arbitrary, unjust and unfair. The provision of transfer of Archaka (Priest) from one temple to another was also upheld and not declared arbitrary or ultra vires or unjust. [K.S. VARGHESE AND ORS. VERSUS ST. PETER'S AND PAUL'S SYRIAN ORTH. AND ORS.- 2017 (7) TMI 1440 - SUPREME COURT]