FORCED CONFESSIONS

Subject: Social Issue

Context: The Supreme Court on Monday issued notice on a petition challenging the alleged practice of mandatory and forced confessions in Kerala’s Malankara Orthodox Syrian Church.

Concept:

• The petition raises the question of whether mandatory sacramental confession before priests violates Articles 21 (personal liberty) and 25 (freedom of religion) of the Constitution.

Article 21:

• “Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.”
• This fundamental right is available to every person, citizens and foreigners alike.
• Article 21 provides two rights:

Right to life

Right to personal liberty

• The fundamental right provided by Article 21 is one of the most important rights that the Constitution guarantees.
• The Supreme Court of India has described this right as the ‘heart of fundamental rights’.
• The right specifically mentions that no person shall be deprived of life and liberty except as per the procedure established by law. This implies that this right has been provided against the State only. State here includes not just the government, but also, government departments, local bodies, the Legislatures, etc.
• Any private individual encroaching on these rights of another individual does not amount to a violation of Article 21. The remedy for the victim, in this case, would be under Article 226 or under general law.
• The right to life is not just about the right to survive. It also entails being able to live a complete life of dignity and meaning.
• The chief goal of Article 21 is that when the right to life or liberty of a person is taken away by the State, it should only be according to the prescribed procedure of law.

Article 25:

• Freedom of Conscience and Free Profession, Practice and Propagation of Religion
• Article 25 says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion.

Implications:

• Freedom of conscience: Inner freedom of an individual to mould his relation with God or Creatures in whatever way he desires.
• Right to Profess: Declaration of one’s religious beliefs and faith openly and freely.
• Right to Practice: Performance of religious worship, rituals, ceremonies and exhibition of beliefs and ideas.
• Right to Propagate: Transmission and dissemination of one’s religious beliefs to others or exposition of the tenets of one’s religion.

Scope:

• Article 25 covers religious beliefs (doctrines) as well as religious practices (rituals).
• Moreover, these rights are available to all persons—citizens as well as non-citizens.

Restrictions:

• These rights are subject to public order, morality, health and other provisions relating to fundamental rights.
• The State is permitted to regulate or restrict any economic, financial, political or other secular activity associated with religious practice.