E/CN.4/1997/91/Add.1
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7.
The implications of the freedom of religion guaranteed under the
Constitution are as follows:
(a)
Equality before the law (art. 14 of the Constitution);
(b)
Prohibition of discrimination on grounds of religion, race, caste,
sex or place of birth (art. 15 of the Constitution);
(c)
Equality of opportunity in matters of public employment (art. 16,
para. 2 of the Constitution states that “No citizen shall, on grounds only of
religion ... be ineligible for, or discriminated against, in respect of any
employment or office under the State”; the State may, however, take steps to
reserve certain posts or jobs for disadvantaged classes of citizens);
(d)
Freedom of
propagation of religion
practice of religion is
as respect for the laws
conscience and free profession, practice and
(according to art. 25 of the Constitution, the
subject to public order, morality and health, as well
in force);
(e)
Freedom to manage religious affairs (art. 26 of the Constitution
states that every religious denomination or any section thereof has the right
to establish and maintain institutions for religious and charitable purposes,
to manage its own affairs in matters of religion, to own and acquire movable
and immovable property and to administer such property in accordance with the
law);
(f)
Freedom as to payment of taxes for the promotion of any particular
religion (art. 27 of the Constitution);
(g)
Freedom as to attendance at religious instruction or religious
worship in certain educational institutions (according to art. 28 of the
Constitution, no person attending any educational institution recognized by
the State or receiving aid out of State funds is required to take part in any
religious instruction or to attend any religious worship).
2.
Provisions specific to minorities
8.
According to article 30, paragraphs 1 and 2 of the Constitution, all
religious or linguistic minorities have the right to establish and administer
educational institutions of their choice. Furthermore, the educational
institution of a minority may not be discriminated against when the State
grants aid to educational institutions. Under article 29 of the Constitution,
citizens have the right to conserve their own language and script.
3.
Specific provisions on the abolition of untouchability
9.
Article 17 of the Constitution states that untouchability is abolished
and that its practise in any form is forbidden and punishable in accordance
with the law. To this end, article 35 (a) (ii) confers upon Parliament the
exclusive power to make laws for prescribing punishment for those acts which
are declared to be offences within the meaning of chapter III of the
Constitution. In the exercise of the powers conferred upon it by this
article, Parliament has promulgated the Protection of Civil Rights Act.
Section III of this Act specifically provides for the punishment of anyone
who, on the basis of untouchability, prevents any individual from entering a