DISSERTATION SYNOPSIS

Student’s name: BHANWATI

Enrolment No: A8101020144

Programme: LLM (2020-21)

Industry/Organisation’s Name and Address:

AMITY LAW SCHOOL
AMITY UNIVERSITY, LUCKNOW CAMPUS
Malhaur Railway Station Road, Gomti Nagar,
Lucknow, Uttar Pradesh 226010

Guide’s name: Ms AISHWARIYA PANDEY (Professor Amity University)

Contact details: 8765788179

E-mail: [email protected]

1|Page
 PROJECT INFORMATION

PROJECT TITLE: "CUSTOMS RIGHT TO RELIGION: A STUDY IN

CONSITIONAL PROSPECTIVE"

1. INTRODUCTION:
Under this I am mentioning the Articles 25-28 of the Constitution which contain the term
"Religion". It is not susceptible of any rigid definition. Religion is essentially a matter
of personal faith and belief. It also has its outward expression in acts as well. Religious
practices or performance of acts in pursuance of religious belief, are as much a part of
religion as faith or belief in particular doctrines. Religion is the belief which binds spiritual
nature of men to supernatural being. It includes worship, belief, faith, devotion, etc. and
extends to rituals. It is a settled proposition of law that the protection of Articles 25 and
26 is not limited to matters of doctrine. They extend also to acts done in furtherance
of religion and, therefore, they contain a guarantee for rituals and observances,
ceremonies and modes of worship which are integral parts of the religion.

2. STATEMENT OF PROBLEM:

As the society transform many fundamental values change and the established doctrine also get
strained before they adapt to the changing circumstances. Similar is happening in India where
society is transforming paving way to human right; new principles are accepted in society. In
such a situation secularism right is also facing threats where rights such as equality are pitted
against customary rights. When we see more in the situation from the political side it becomes
graver issue. The state must see the people's welfare side rather than the infringing the people's
liberty.

2|Page
3. PROJECT AIMS AND OBJECTIVE(S):

The dissertation will deal with the following objectives and will provide detailed view of each of
the objectives mentioned below:

 To understand the nature of our constitution in religious matter.

 To understand the approach followed by judiciary in interpreting the right to religious
practices.
 To understand the scope of religious right in present scenario.
 To study various prospective of religious practices.

4. SIGNIFICANCE OF STUDY: It wills observance of human rights and fundamental

freedom for all without the distinction as the race, sex language or religion.

5. SCOPE OF STUDY:
Through this dissertation, I will try to achieve to understand the customary right with respect to
Constitution of India. The new efforts of government will have to face and fight the different
state’s Acts on religious in different part of the India.

6. RESEARCH METHODOLOGY:

The research methodology adopted is doctrinal keeping in mind the conceptual, theoretical and
evaluative aspects of the topic. Primary as well as secondary sources of information inclusive of
books, articles, web sources, and online legal databases have been used. In this project, study
will basically be limited to the topic selected for the project. No other related studies or sources
will be discussed in the project as such.

7. HYPOTHESIS:

There is imperative need for precise codification of immunities granted to customary laws and
religious institutes when they clash with other individual fundamental rights.

3|Page
8. RESEARCH QUESTIONS: The dissertation will deal with the following questions and
will provide detailed view of each of the questions mentioned below:

1. What is the Nature and Importance of Religious Freedom?

2. What Makes an Essential Practice?
3. Is right to performing rituals protected?
4. Why You Should Care About Religious Freedom?
5. What are the advantages and disadvantages of religion?
6. Religion is not main cause of war, research suggests?
7. How Does Religious Law Interact with Other Law?
8. Why Claim Denominational Status?
9. What Makes a Denomination?

9. TENTATIVE CHAPTERLIZATION:

CHAPTER 1- Introduction
CHAPTER 2- RELIGIOUS FREEDOM IN CONSTTUTION
 Indian Secularism and the Supreme Court
CHAPTER3- ESSENTIAL RELGIOUS PRATICES
 Article 25 And Religious Practices
 (A)Freedom Of Conscience
 (B)(1) Right To Profess Religion
 (2) Right To Practices Religion
 (3) Right To Propagation Of Religion
CHAPTER4 -RESTRICTION ON THE FREEDOM OF RELIGION
 Freedom of religion subjected to public order morality and health
 Regulation of economic or other secular activities
 Social Welfare and reforms
CHAPTER5 -RELIGIOUS DENOMINATIONS IN COURT
 ARTICLE 26 and denomination Rights
 Right to establish and maintain institutions
 Right to manage matters of religion
 right to own and administer Property
CHAPTER6- ARTICLE 27. Freedom as to payment of taxes for promotion of any particular
religion.
CHAPTER 7-ARTICLE 28. Freedom as to attendance at religious instruction or religious
worship in certain education institutions
CHAPTER 8-CONCLUSION
CHAPTER 9-BIBLIOGRAPHY

4|Page
10. LITERATURE REVIEW:
Books
 Dr. DD BASU - Introduction to the constitution of India
Durga Das Basu was an Indian jurist and lawyer. He wrote the Commentary on the Constitution
of India and Casebook on the Indian Constitutional Law. The former is one of the most
important textbooks in social sciences and legal studies related to the Constitution of India.
From this book I will take the basic starting of the acts and rights were started with related to the
customs. It will make the clear understanding of particular basic constitution.

 V.N.Shukla's ,Constitutional Law of India, 10th ed., Eastern Book Company,

Lucknow, 2004

V.N. Shukla's Constitution of India's most authoritative and respected academic book on the
Indian Constitution. Its outstanding reputation has established it in the foremost rank of classic
legal textbooks. In his edition has been thoroughly revised and updated by Prof. (Dr) Mahendra
Pal Singh. The latest edition includes the recent Constitutional Amendments and Supreme Court
decisions on issues such as Custom and religion right. From this book I will lay out the case laws
and the amendments are making in constitution related to the people's basic right of religion.

 J.N. Pandey, The Constitution of India, 2 nd ed., Central Law Agency,

Allahabad,1972

This also also well knows book for the constitution of India. Written in a very lucid language, it
can be read by all law students as well as for those preparing for competition examination. The
book is updated with latest amendments and case laws.

 Religious Freedom in India, Sovereignty and (Anti) Conversion , published 2017 by

Routledge
This book is written by Goldie Osuri. She is associate Professor at the department of sociology
at the University of Warwick, UK. Her research interests include analysis of nationalisms and
transnational movements and transnational movements in relation to race gender ethnicity and
religion through poststructuralist and postcolonial theoretical approaches.
 etc.

5|Page
8. WEBSITES and ARTICLE
 Topic- Freedom of religion
https://en.wikipedia.org/wiki/Freedom_of_religion
Under this website it is shown the concept and history of the religion and custom in
different places. What are the basic understanding related to the religion and how they
save their rights of it.
 Topic-Freedom of Religion or Belief
http://hrlibrary.umn.edu/edumat/studyguides/religion.html
This article is written by the University of Minnesota Human Rights Center.
Under this article Defining religion or belief, including the right to non-religious
beliefs ,International Covenant on Civil and Political Rights (1966), treaties and many
more. Under this I will take the basic idea of the human rights and connection with the
religion and custom rights in the constitution law of India.
 Topic-Freedom of religion under indian constitution: whether freedom of religion
or Freedom from Religion
http://www.legalserviceindia.com/legal/article-731-freedom-of-religion-under-indian-
constitution-whether-freedom-of-religion-or-freedom-from-religion.html
This article is written by Legal service India e journal. Same as i will lookout in this
articles cases and the way of rights are given to person to person.
 etc.

11. CASES
 Indian Young Lawyers’ Association vs. State of Kerala (Latest case) 2018
 Mohd. Hanif Quarshi vs State of Bihar
 L.T. Swumiar vs Commr. H.R.F. Madras
 Robasa Khanum vs Khodabad Irani
 Sarla Mudgal vs union of India
 etc.

6|Page
 12. CONCLUSION AND SUGGESTION
After all the things were mentioned, I will concluded and shows that how
religion occupies a vital place in human lives. It is not a new things, it goes on
from the centuries. Giving freedom in religious matters permits the different
beliefs, views opinions deductions that people have to accordance to their own
religion, to bloom as well as the development in the society. It plays important
role to displine especially Indian society in governing the conduct as well as the
behaviour of the people. In India peoples are extremely possessive when it
comes to their religion and they become alert as soon as any person tries to
create any hinder on it. But in also same time our Indian constitution given it
essential to take under advisement that is should not interfere with the peace of
the society.

13. BIBLIOGRAPHY

 Dr. D.D. Basu, Introduction to the Constitution of India,20th ed., LexisNexis

Butterworths Wadhwa, Haryana, 2012

 Shukla V.N., Constitutional Law of India, 10 th ed., Eastern Book Company, Lucknow,
2004

 J.N. Pandey, The Constitution of India, 2nd ed., Central Law Agency, Allahabad,1972

 The Constitution of India, 1950

 http://en.wikipedia.org/wiki/Freedom_of_religion_in_India
 http://www.legalserviceindia.com/legal/article-731-freedom-of-religion-under-indian-
constitution-whether-freedom-of-religion-or-freedom-from-religion.html

 http://hrlibrary.umn.edu/edumat/studyguides/religion.html

 https://en.wikipedia.org/wiki/Freedom_of_religion

 etc.

7|Page