Relevance: GS I (Society), GS II (Governance), GS IV (Ethics)
Source: Indian Express, Constitution of India
Public Religiosity in India: Tradition and the New Challenge
India has always expressed religion publicly—Navratri, Muharram, Eid prayers, church feasts, Guruparab processions, temple rath yatras. What is new today is the scale, noise, frequency and politicisation of these activities.
Loudspeakers from mosques and temples, all-night jagrans, processions at airports and railway stations, and traffic-stopping ceremonies reflect a shift from devotion to display, intensifying tensions in shared urban spaces.
Constitutional & Legal Framework Governing Public Religious Expression
Key provisions determine what is allowed, restricted, or regulated.
A. Constitutional Provisions
|
Article |
Relevance |
| Article 25 | Freedom of religion, subject to public order, morality, health, and other FRs |
| Article 26 | Rights of religious denominations (manage institutions), again subject to public order |
| Article 19(1)(a)/(b) | Free speech & assembly, but reasonable restrictions under Art. 19(2)/(3) |
| Article 21 | Right to life includes freedom from harmful noise (SC: Noise = health hazard) |
| Article 14 | State must regulate equally, preventing majoritarian dominance |
B. Relevant Laws & Rules
|
Law / Rule |
Provision |
| Noise Pollution (Regulation & Control) Rules, 2000 | Time restrictions (10 p.m.–6 a.m.), decibel limits |
| CrPC Sections 129–144 | Crowd control, curbs on unlawful assemblies |
| IPC Sections 295–298 | Prohibit acts that insult religion or provoke tensions |
| SC Judgments (essential practices doctrine) | Only essential religious practices get full protection |
Thus, public religious expression is allowed but not absolute — it must not violate others’ rights or public order.
Why Public Expressions Are Becoming Contentious
|
Factor |
Explanation |
| Noise & civic disruption | Loudspeakers, blocked roads, stalled ambulances |
| Competitive religiosity | One group’s display fuels another’s—symbolic assertion |
| Political mobilisation | Festivals used for visibility, messaging, crowd mobilisation |
| Weak enforcement | Noise rules ignored; permissions arbitrary |
| Minority anxiety | Dominant-community visibility creates fear of marginalisation |
The result is a shift from celebration to confrontation, eroding shared civic space.
Regulating Public Devotion: A Balanced, Constitutional Approach
Public celebrations should not be avoided—but they must be regulated to ensure fairness, safety, and equality.
Balanced Approach Table
|
Concern |
Constitutional Basis |
Practical Regulation |
| Noise pollution | Art. 21 (right to health) + Noise Rules | Time-window rules, decibel limits |
| Traffic obstruction | Art. 19(5) limits on movement | Designated routes, emergency lanes |
| Communal tension | Art. 14 (equal protection) | Equal permissions; community mediation |
| Political misuse | MCC + Art. 325 (free elections) | No political messaging in religious events |
| Minority protection | Art. 15 (non-discrimination) | Ensure equal access to public space |
| Essential vs non-essential | SC’s Essential Practices Test | Regulate non-essential rituals |
This ensures religious freedom without civic chaos.
What This Reveals About Indian Polity
- Public religiosity increasingly reflects identity assertion, not just devotion.
- Growing trend of religious processions entering airports, highways, stations reflects the shrinking of private vs public boundaries.
- Political actors often use religious displays to mobilise majorities.
- Citizens’ rights to silence, movement and health are compromised, weakening secular governance.
One-line Wrap
India must protect both religious freedom and civic order by regulating—rather than avoiding—public expressions of devotion.
UPSC Mains Question
How can India constitutionally regulate public religious expressions to protect fundamental rights while ensuring communal harmony?
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