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Religion - Definition - Law Dictionary Home Dictionary Definition religion

Definition :

Religion, in a wide sense, therefore, is those fundamental principles which sustain life and without which life will not survive, Aruna Roy v. Union of India, (2002) 7 SCC 368.

Religion, in Australia, the Constitution gives right to a person to follow his own religious belief and can freely exercise his religion, A Commentary on the Constitution of India, Durga Das Basu, Vol. D, p. 198.

Religion, in Sri Lanka, the Constitution guarantees a citizen freedom of religion subject to the restrictions prescribed by law in the interest of national unity, integrity and security, A Commentary on the Constitution of India, Durga Das Basu, Vol. D, p. 200.

Religion, in U.K., the Protestant Church headed by the Crown is by law established and built into the fabric of the English Constitution. The State has accepted the Protestant Church as a religious body reflecting the Christian faith, A Commentary on the Constitution of India, Durga Das Basu, Vol. D, p. 200.

Religion, is a matter of faith stemming from the depth of the heart and mind. Religion is a belief which binds the spiritual nature of man to a supernatural being; it is an object of conscientious devotion, faith and pietism, Lily Thomas v. Union of India, (2000) 6 SCC 224.

Religion, is a specific system of belief, worship, conduct involving code of ethics and philosophy, Webster's American Dictionary, p. 1228.

Religion, the Constitution of India guarantees every person fundamental right to freely profess, practice and propagate religion. [Constitution of India, Art. 25(1)]

Religion, the teachings of Sri Aurobindo is only philosophy and not a religion, S.P. Mittal v. Union of India, AIR 1983 SC 1 (4). (Constitution of India, Arts. 25, 26)

A system of tails and worship usu. involving belief in supreme being and usu. containing a moral or ethical code, Black's Law Dictionary, 7th Edn., p. 1293.

To deny the Christian religion, after having been brought up in or professed it, is an offence against the Blasphemy Act (see BLASPHEMY): and the uniformity of religious worship in the Church of England is enjoined by the Act of Uniformity (14 Car. 2, c. 4); but restrictions on religious worship by Nonconformists are removed by the Toleration Act (1 W. & M. c. 15), and other Acts. The Roman Catholic Relief Act, 1829, however, subjects Jesuits and members of other religious orders in the Church of Rome (except nuns) to banishment for life; but this part of the Act is virtually a dead letter: see Re Smith, (1914) 1 Ch 937. See JESUITS; ROMAN CATHOLICS; and Chitty's Statutes, tit. 'Religious Worship.'

Religion is certainly a matter of faith with individuals or communities and it is not necessarily theistic. A religion has its basis in a system of beliefs or doctrines which are regarded by those who profess that religion as conducive to their spiritual well being, but it would not be correct to say that religion is nothing else but a doctrine of belief, Commissioner v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt, AIR 1954 SC 282 (290): (1954) SCR 1005.

Religion is that which binds a man with his Cosmos, his creator or super force. Essentially, religion is a matter of personal faith and belief of personal relations of an individual with what he regards as Cosmos, his Maker or his Creator which, he believes, regulates the existence of insentient beings and the forces of the universe. Religion is not necessarily theistic, A.S. Narayana Deekshitulu v. State of A.P., AIR 1996 SC 1765 (1791): (1996) 9 SCC 548.

Per Sahai, J.-- 'Religion is the belief which binds spiritual nature of men to supernatural being.' It includes worship, belief, faith, devotion etc. and extends to rituals. Religious right is the right of a person believing in a particular faith to practise it, preach it and profess it. It is civil in nature, Most Rev. P.M.A. Metropolitan v. Moran Mar Marthoma, AIR 1995 SC 2001 (2026): (1995) Supp 4 SCC 286.

'Religion' is not necessarily theistic and in fact there are well-known religions in India like Buddhism and Jainsim which do not believe in the existence of God or of any Intelligent First Cause. A religion has its basis in a system of beliefs and doctrines which are regarded by those who profess that religion to be conducive to their spiritual well being, Ratilal Parachand Gandhi v. State of Bombay, AIR 1954 SC 388 (392): 1954 SCR 1055.

The word 'religion' has different shades and colours. Important shade is dharma (duty). That is to say, duty towards the society and the soul, Aruna Roy v. Union of India, AIR 2002 SC 3176 (3191): (2002) 7 SCC 368.

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