1. What is the Bijoe Emmanuel vs. State of Kerala Case all about?
The Bijoe Emmanuel vs. State of Kerala case in 1986 is a landmark judgement that addressed the issue of the right to freedom of religion and freedom of expression. The case arose when three children belonging to the Jehovah’s Witnesses sect were expelled from school for refusing to sing the national anthem, which they claimed was against their religious beliefs.
2. Facts of the Bijoe Emmanuel vs. State of Kerala Case Relevant for UPSC
- Parties Involved:
- Bijoe Emmanuel and others (petitioners)
- State of Kerala and others (respondents)
- Legal Questions:
- Whether the expulsion of the children for refusing to sing the national anthem violated their fundamental rights under Articles 19(1)(a) (freedom of expression) and 25 (freedom of religion) of the Indian Constitution.
- Whether the state’s action was justified under the reasonable restrictions imposed by the Constitution on these rights.
- Noteworthy Events:
- Three children belonging to the Jehovah’s Witnesses sect were expelled from school for refusing to sing the national anthem during the morning assembly, as it was against their religious beliefs.
- The children’s father filed a petition challenging the expulsion, arguing that it violated their fundamental rights to freedom of expression and freedom of religion.
3. What are the Major Judgements/Changes Brought by Bijoe Emmanuel vs. State of Kerala Case?
The Supreme Court delivered a significant judgement that upheld the fundamental rights of the petitioners:
- The Court held that the expulsion of the children violated their fundamental rights under Articles 19(1)(a) and 25 of the Constitution. It ruled that the children had the right to remain silent during the national anthem if it was against their religious beliefs.
- The judgement emphasized that the freedom of religion under Article 25 includes the right to express one’s beliefs through actions or inactions, and this right cannot be curtailed unless it poses a threat to public order, morality, or health.
- The Court ruled that the state’s action was not justified under any of the reasonable restrictions permitted by the Constitution and that compelling the children to sing the national anthem would infringe on their freedom of religion and expression.
4. What was the Impact of Bijoe Emmanuel vs. State of Kerala Case on Indian Constitution?
- Reinforcement of Religious Freedom: The judgement reinforced the protection of religious freedom under Article 25, ensuring that individuals have the right to express their religious beliefs through actions or inactions.
- Strengthening of Freedom of Expression: It upheld the right to freedom of expression under Article 19(1)(a), affirming that individuals cannot be compelled to express something against their beliefs.
- Balancing State Authority and Individual Rights: The ruling highlighted the need to balance state authority with individual rights, ensuring that state actions do not infringe upon fundamental rights without a valid and reasonable justification.
5. Was this Bijoe Emmanuel vs. State of Kerala Case Challenged/Reversed in Future?
The principles established in the Bijoe Emmanuel case have not been challenged or reversed. The judgement remains a landmark in protecting the rights to freedom of religion and expression and continues to guide the interpretation of these fundamental rights in India.
6. Doctrines/Theories/New Concepts
- Doctrine of Freedom of Religion and Expression: The case introduced the principle that the right to freedom of religion includes the right to express or not express one’s beliefs, and this right must be protected unless it poses a threat to public order, morality, or health.
- Doctrine of Compelled Speech: The judgement reinforced the principle that individuals cannot be compelled to speak or express something against their beliefs, upholding the freedom of expression and protecting individuals from state coercion in matters of personal belief and expression.