| Q.1- | What right is granted by Article 25 of the Constitution? |
| Ans.- | Article 25 of the Constitution grants freedom of conscience and free profession, practice and propagation of religion. |
| Q.2- | What is meaning of ‘religious denomination’ under Article 25? |
| Ans.- | The expression ‘religious denomination’ must satisfy three requirements, i.e., (i) that it must be a collection of individuals, who have a system of belief or doctrine which they regard as conducive to their spiritual well-being, i.e., a common faith; (ii) a common organisation; and (iii) designation of a distinctive name. |
| Q.3- | Which freedom of religion is granted by Article 27 and 28 of the Constitution? |
| Ans.- | Article 27 liberals the tax policy by grating freedom as to payment of taxes for promotion of any particular religion. Article 28 grants freedom as to attendance at religious instruction or religious worship in certain educational institutions. |
| Q.4- | What are the protections available under the Constitution of India? |
| Ans.- | Article 14 protects before the law, Article 15 at public place and educational institutions, Article 16 at opportunity in employment, Article 23 compulsory employment, Article 29 in state institutions, Article 324 grants right to vote irrespective of religion and Article 325 no persons shall be ineligible for inclusion in an electoral roll on the ground of religion. |
| Q.5- | What are the elements of an offence of defiling place of worship u/s.295? |
| Ans.- | (i) The person destroyed, damaged or defiled any place of worship, or any object held sacred by any class of persons; and (ii) It has been done with the intention or knowledge of insulting the religion of any class of persons. |
| Q.6- | What are the main ingredients of outrage religious feelings? |
| Ans.- | (i) Insult to religion or religious beliefs of a class of citizens of India and (ii) the writing must be with deliberate and malicious intention of outraging the religious feelings of a class of citizens of India. |
| Q.7- | Whether act of provocation to writ is covered under section 295A? |
| Ans.- | Yes. The injurious act was done voluntarily without a lawful excuse, malice may be presumed. Provocation received from supporters of the opposite view cannot be treated as a lawful excuse for writing the offensive books. The applicant was guilty of committing the injurious act without a lawful excuse. |
| Q.8- | Where cognizance of offence u/s. 295A is taken? |
| Ans.- | Section 196(1) of the Code of Criminal Procedure inter alia provides that no Court shall take cognizance of any offence punishable under Section 295A of the IPC except with the previous sanction of the Central Government or of the State Government. |
| Q.9- | Whether disturbing of religious assembly is an offence? |
| Ans.- | Yes. It is an offence under section 296. |
| Q.10 | What do you means by burial place u/s. 297? |
| Ans.- | To bring offence under this section, the place must have been set apart as a depository of the remains of the dead as the word ‘burial place is referred in section. |
| Q.11 | Do we have any provisions to prohibit religious institutions from their misuse? |
| Ans.- | Yes. We have the Religious Institutions (Prevention of Misuse) Act, 1988, which prohibits various acts of the religious institutions. |
| Q.12 | What are the offences of promoting enmity between different groups is specific offence? |
| Ans.- | Section 153A prohibits hatred speech to create enmity between the groups and Section 153AA prohibits carrying arms in any possession or organizing or holding or taking part in any mass drill or mass training with arms. Section 153B prohibits imputations assertions prejudicial to national integrity. |