Introduction

• This case is significant because it reaffirms the importance of protecting religious freedoms in India.
• It established that individuals have the right to refuse to participate in activities that go against their religious beliefs, as long as they do not disrupt public order or show disrespect to national symbols in the process.
• The approach of the Hon'ble Supreme Court of India to interpret Article 19 (1) (a) read with Article 25(1) of the Constitution of India, 1950 makes it a landmark case.

Facts

• The case revolves around three students, Bijoe Emmanuel and his two sisters, who were Jehovah's Witnesses.
  • Jehovah's Witnesses are known for their religious belief of not participating in any activities that could be seen as an act of worship of any authority other than God, including singing the national anthem.
• The students, who attended school in Kerala, refused to sing the national anthem, "Jana Gana Mana," during a school assembly.
  • Their refusal was based on their religious belief that singing the anthem amounted to an act of worship, which was against their faith.
• The parents of the students, on behalf of their children, filed a writ petition in the Kerala High Court challenging the school's decision and contending that the expulsion violated their fundamental right to freedom of conscience and religion under Article 25 of the Indian Constitution.
• The Kerala High Court dismissed their petition, holding that the expulsion was justified, and it did not violate the students' fundamental rights.
• The case was then taken to the SC, where it was heard by a bench consisting of Justices O Chinnappa Reddy and MM Dutt.

Issue involved

Whether the expulsion of three children from school for their refusal to sing the national anthem of India was consistent with the constitutional rights to freedom of expression and freedom of religion?

Observation

• The SC, in its judgment, held in favor of the students and judged them not guilty.
• It ruled that the expulsion of the students for refusing to salute the national flag and sing the national anthem violated their fundamental right to freedom of conscience and religion under Article 25 of the Indian Constitution.
• The Court emphasized that the right to freedom of conscience and religion was a fundamental right, and the state should not interfere with the beliefs and practices of individuals unless they posed a threat to public order, morality, or health.
• Furthermore, the Court ruled that applicable regulatory measures enacted by the State of Kerala’s Department of Education on compulsory participation in singing the national anthem in schools amounted to mere “departmental instructions,” and thus lacked statutory force within the meaning of Article 19 of the Constitution to limit the right to free expression.
• Ratio Decidendi: A person shall be entitled for protection of fundamental rights if they are infringed by order of Court.

Conclusion

• The SC overturned the High Court’s decision contending that it infringed the fundamental rights of the students.
• And it ordered the State of Kerala to readmit them to school stating that “Our tradition teaches tolerance, our philosophy preaches tolerance, our Constitution practices tolerance; let us not dilute it”.

Notes

Article 25 of the Constitution of India, 1950: Freedom of conscience and free profession, practice and propagation of religion -

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law

(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

Explanation I The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

Explanation II In sub clause (b) of clause reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly