SMC No. 1/2014 etc
16.
20
Article 20 must then be interpreted to guarantee the
rights of the community as well as the right of the individual
against those from his own or other religious communities – the
ultimate goal being the eradication of religious intolerance in the
society. English political philosopher John Stuart Mill in his
treatise ‘On Liberty’ (1859) stated that “the great writers to whom
the world owes what religious liberty it possesses, have mostly
asserted freedom of conscience as an indefeasible right, and denied
absolutely that a human being is accountable to others for his
religious belief. Yet so natural to mankind is intolerance in
whatever they really care about, that religious freedom has hardly
anywhere
been
practically
realized,
except
where
religious
indifference, which dislikes to have its peace disturbed by
theologically quarrels, has added its weight to the scale.”
17.
Although in the West, the separation of the Church
and the State and ultimately the Renaissance ushered in an era of
objective reasoning, liberal democracy, freedom and secularism, it
was soon realized that religion could not entirely be relegated to
the private / individual realm. The political aspect of religion has
been rife with conflicts, extremism and a claim of monopoly of
truth which historically has not been without its toll in human
suffering. A step towards resolution is promoting religious
tolerance, which should be the underlying objective in interpreting
the right to freedom of religion. In the subcontinent, the individual
right of freedom to religion has occasionally been trumped by the
right of the community, as in the above-cited Indian case of Sardar
Syedna. It is imperative that the right to freedom of religion be
restored as an individual and indefeasible right, while concurrently
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