AI Overview...
- Article 25 - Right to Freedom of Religion
- The right under Article 25 is subject to restrictions for public order, morality, and health, and is subordinate to the right to life and personal liberty (Articles 21 and 25(2)(b)) RAVEENDRAN P. T. S/O THANKAPPAN VS STATE OF KERALA - Kerala, RAVEENDRAN P.T vs THE STATE OF KERALA - Kerala, Izharun Khatoon @ Nesha VS Maqsood @ Muksud Alam - Crimes.
- Certain religious practices, especially illegal or ritualistic sacrifices, are limited by law to protect public order and animal rights, indicating that religious freedom is not absolute RAVEENDRAN P. T. S/O THANKAPPAN VS STATE OF KERALA - Kerala, RAVEENDRAN P.T vs THE STATE OF KERALA - Kerala.
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Article 25(2)(b) allows the state to regulate or restrict religious practices for social reforms and welfare, reinforcing its subservience to the overarching right to life and liberty Izharun Khatoon @ Nesha VS Maqsood @ Muksud Alam - Crimes.
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Article 21 - Right to Life and Personal Liberty
- The right under Article 21 guarantees personal liberty, which cannot be deprived except through a procedure established by law, especially when life or personal liberty is involved JUSTICE K S PUTTASWAMY (RETD. ) VS UNION OF INDIA - Supreme Court, Shaikh Zahid Mukhtar VS State of Maharashtra - Bombay, Central Bureau of Investigation VS Dayamoy Mahato - Supreme Court, Shaikh Zahid Mukhtar VS State of Maharashtra - Bombay.
- Laws infringing on personal liberty, such as those related to animal preservation or possession, are struck down if they violate fundamental rights, emphasizing the primacy of Article 21 Shaikh Zahid Mukhtar VS State of Maharashtra - Bombay, Shaikh Zahid Mukhtar VS State of Maharashtra - Bombay.
- The right to life and liberty can be balanced against state security and public interests, but any deprivation must follow due process Central Bureau of Investigation VS Dayamoy Mahato - Supreme Court, JUSTICE K S PUTTASWAMY (RETD. ) VS UNION OF INDIA - Supreme Court.
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Personal liberty is not absolute; it can be curtailed for reasons like public order, security, or morality, provided legal procedures are followed Asha Ranjan VS State of Bihar - Supreme Court.
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Relationship and Subservience
- The courts have consistently held that rights under Article 25 are subordinate to the right to life and personal liberty under Article 21. Laws restricting religious practices or personal freedoms are upheld if they serve public order, morality, or health RAVEENDRAN P. T. S/O THANKAPPAN VS STATE OF KERALA - Kerala, RAVEENDRAN P.T vs THE STATE OF KERALA - Kerala, Izharun Khatoon @ Nesha VS Maqsood @ Muksud Alam - Crimes.
- The legal framework ensures that individual freedoms, including religious and personal liberties, are protected but must conform to the overarching constitutional rights to life and liberty, maintaining a hierarchy where Articles 21 and 25 are interconnected but with Article 21 holding primacy in cases of conflict.
Analysis and Conclusion
The constitutional provisions under Articles 21 and 25 are interlinked, with Article 25 (religious freedom) being subordinate to the fundamental right to life and personal liberty under Article 21. Laws that restrict religious practices or personal liberties are permissible if they aim to protect public order, morality, health, or the rights of others, provided they follow due legal procedures. The judiciary consistently emphasizes that individual rights are protected but are not absolute; they must be balanced against societal interests, with the right to life and liberty serving as the foundational rights that limit the scope of religious and personal freedoms.
Search Results for "Article 25 are Subservient to the Right to Life and Personal Liberty Guaranteed under Article 21"
2023 0 Supreme(Ker) 321 • India - Kerala
V. G. ARUN
Sacrifices Prohibition Act, 1968 - Section 3, 2(a) and (c) - Indian Penal Code, 1860 - Section 290 - Constitution of India, 1950 - Articles ... 25 and 26 - Panchayath Raj Act, 1994 - Section 219K - Ritualistic sacrifice - Illegal slaughter of birds and animals - Aggrieved ... As such, the freedom and right under Article 25 are subservient to the right to life#....
2023 Supreme(Online)(Ker) 57530 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
17) ... ... (B) Religious Practices - Distinction between essential part of religion and public order considerations - The right ... emphasized that public authorities must enforce laws against illegal activities under the guise of religion, reinforcing that the right ... As such, the freedom and right under Article 25 are subservient to the right to life#HL....
2017 0 Supreme(SC) 772 • India - Supreme Court
JAGDISH SINGH KHEHAR, J. CHELAMESWAR, S. A. BOBDE, R. K. AGRAWAL, ROHINTON FALI NARIMAN, A. M. SAPRE, D. Y. CHANDRACHUD, SANJAY KISHAN KAUL, S. ABDUL NAZEER
14, 19 and 21 – Personal liberty – Any law depriving any person of the liberty guaranteed under Article 21 must not only be just ... a valid ‘procedure established by law’ under Article 21 where it impacts on life or personal liberty – Rights under Article, as .......
2025 0 Supreme(SC) 2035 • India - Supreme Court
SANJAY KAROL, N. KOTISWAR SINGH
(Paras 3.1, 11, 20, 25) ... ... (B) Article 21 - Right to life and liberty - Must be balanced against state security ... (148 deaths) and property (Rs. 25 crores) - High Court granted bail to accused, emphasizing rights under Article 21 and Section ... were not applicable to heinous offenses punishable by death - Supreme Court rever....
2017 5 Supreme 577 • India - Supreme Court
JAGDISH SINGH KHEHAR, KURIAN JOSEPH, ROHINTON FALI NARIMAN, UDAY UMESH LALIT, S. ABDUL NAZEER
25(1) – Article 25(2)(b) would only apply if a particular religious practice is first covered under Article 25(1) of Constitution ... This form of Talaq must, therefore, be held to be violative of fundamental right contained under Article 14 ... 14 and 25 – Muslim Personal Law (Shariat) Application Act, 1937 – Section ... Ar....
2016 0 Supreme(Bom) 522 • India - Bombay
A.S.OKA, S.C.GUPTE
guaranteed under Article 21 of Constitution of India—Wherever there is a reference to Section 5D in other Sections of Maharashtra ... guaranteed by Article 21 of Constitution of India; ... Result—Petitions ... , 1976, the same stands deleted—Section 9B of Maharashtra Animal Preservation Act, 1976 struck down as it infringes fundamental right ... personal#HL_EN....
2017 0 Supreme(P&H) 2557 • India - Punjab and Haryana
MAHESH GROVER, SHEKHER DHAWAN
under Articles 25 and 26 of the Constitution of India - Locus Standi and Right of Puran Singh in CRM M-9195 of 2014 seeking post ... Legal analysis of the claim of the parties, preservation of the body in context to the constitutional right under Articles 25 and ... Ashutosh Maharaj Ji - Death - Samadhi - Disposal of Body - Belief of Followers - Protection under Articles#HL_END....
2016 0 Supreme(Bom) 506 • India - Bombay
A.S.OKA, S.C.GUPTE
guaranteed by Article 21 of Constitution of India. ... guaranteed under Article 21 of Constitution of India—Wherever there is reference to Section 5D in other Sections of Maharashtra ... possession—Section 5D of Maharashtra Animal Preservation Act, 1976 is struck down on the ground that same infringes fundamental right ... personal liberty#HL....
2017 2 Supreme 643 • India - Supreme Court
DIPAK MISRA, AMITAVA ROY
ambit and sweep covers interest of the accused, prosecution and the victim – Right under Article 21 not absolute – Can be curtailed ... 21 r/w section 357, Code of Criminal Procedure, 1873 – Fair trial – Article 21 in its ... Fair trial must soothe the ultimate justice which is sought individually, but is subservient and would not prevail when fair trial ... to #HL_STAR....
• India - Crimes
ARUN KUMAR BHATTACHARYA
Article 25(2)(b) mandates that social reforms and welfare can be provided irrespective of right to freedom of religion. ... “The right of personal privacy includes the abortion decision, but this right is not unqualified and must be considered against important ... Oklahoma8, has recognize that freedom of personal choice in matters of marriage and family life#....
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