Adopted in 1950, Article 17 of the Indian Constitution legally abolished untouchability—the ancient Hindu system of social discrimination—forbade its practice in any form, and made the enforcement of any discrimination arising out of this disability a criminal offence. At the same time, the Indian Constitution guaranteed freedom of religious belief and practice under Article 25 and autonomy of religious institutions under Article 26. The discussion of Employment Division v. Smith in Winnifred Sullivan’s post and subsequent comments reminded me of the very substantial jurisprudence surrounding Article 26.
Posts Tagged ‘caste’
What is the politics of religious freedom? For the past decade and more, those who would like to see the active promotion of religious freedom at the “core” of foreign policy in the U.S. and now in Canada would have us understand that religious freedom is the foundation of democracy, the basis for political stability and first step to all other freedoms. The mission statement of the Office of International Religious Freedom in the U.S. Department of State links its promotion of religious freedom to human rights and to political “stability” for “all countries.” Referring to the establishment of a new Office of Religious Freedom within his government’s Department of Foreign Affairs and International Trade in a statement to the United Nations last year, the Canadian UN Ambassador declared, “History has shown us that where religious freedom is strong, democratic freedom is strong.”