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THE CONSTITUTION OF INDIA ART. 26
Religion of person - Birth records, entries in voters list and telephone application are not sufficient proof of religion of a person. (M. Chandra v M. Thangamuthu, AIR 2011 SC 146 : (2010)9 SCC 712).
Section 1 of the Right of Children to Free and Compulsory Education Act, 2009 keeps Madrasa/Vedic Pathsala and similar schools outside from the application of the Act, does not offend Article 25. (Society for Un-Aided Private School of Rajasthan v Union of India and Another, 2012(3) Kar. L.J. 177 (SC) : AIR 2012 SC 3445 : (2012)6 SCC 1 : 2012(4) SCJ 318).
A religious denomination or organisation enjoys complete autonomy in the matter of deciding as to what rights and ceremonies are essential according to the tenets of the religion they hold and outside authority has no jurisdiction to interfere with their decision in such matters. (Commissioner of Police v Acharya Jagadishwarananda Avadhuta, AIR 2004 SC 2984 : (2004)12 SCC 770 : 2004 AIR SCW 1887).
Anand Margis not permitted to perform “Tandava” on public road, while permission granted to other sects to perform such religious practice in public. Held, a case of discrimination. (Commissioner of Police v Acharya Jagadishwarananda Avadhuta, AIR 2004 SC 2984 : (2004)12 SCC 770 : 2004 AIR SCW 1887).
Anand Marga is a religious denomination within Hindu Religion entitled to protection under Articles 25 and 26. (Commissioner of Police v Acharya Jagadishwarananda Avadhuta, AIR 2004 SC 2984 : (2004)12 SCC 770 : 2004 AIR SCW 1887).
Rule 29 of U.P. Government Servants Conduct Rules 1956, prohibiting a Government servant from contracting second marriage during existence of first marriage is not violative of Article 25. (Khursheed Ahmad Khan v State of U.P., AIR 2015 SC 1429 : (2015)8 SCC 439).
Right to temple entry for female devotees — Entry into Sabrimala Temple by women below the age of 10 to 50. The fundamental right claimed by Thantris and worshippers based on custom and usage under Art. 25 of the Constitution. Denial of right of entry to women in temple is hit by Art. 25(1) of the Constitution. Custom/usage barring entry into Sabrimala Temple of women between 10 to 50 is hit by Art. 15 and 25 of the Constitution. (Indian Young Lawyers Association and Others v State of Kerala and Others, WP No. 373 of 2006, dated 28-9-2018).
26. Freedom to manage religious affairs.—Subject to public order, morality and health, every religious denomination or any section thereof shall have the right.—
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law.
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