Does the doctrine of religious freedom extend to binding commitments made by or for children, especially when those commitments may contravene their other fundamental rights?
Imagine a young boy or a girl dressed in the robes of a monk reciting prayers in a dimly-lit monastery. Now picture another child engrossed in a classroom debate about rights, freedoms, and the principles enshrined in a modern Constitution. Both hypothetical situations are rich with meaning but they represent two vastly different lenses through which a young mind perceives the world. As societies strive to balance cultural heritage with democratic ideals, the question arises — how do we nurture children to embrace the constitutional freedoms while respecting the traditions of faith?
Diksha marks the initiation of an individual into a monastic life. Many people attain diksha in old age. But a recent trend shows a rise in the number of youngsters taking diksha. A child pandit-turned-social-media-sensation, who speaks about Hindu religion and philosophy, is a case in point.
This growing inclination among children and young adults towards religious renunciation raises questions about the balance between religious practices and the rights of children enshrined in democratic frameworks. In countries like India, where both cultural pluralism and constitutional liberalism coexist, the judiciary has repeatedly upheld the importance of protecting essential religious practices under Article 25 of the Constitution. Yet, this protection must be weighed against Article 21A, which guarantees the right to education, and international obligations such as the United Nations Convention on the Rights of the Child, which India has ratified.
Rituals like diksha are deeply rooted in the cultural and spiritual fabric of communities. But critics highlight the ethical dilemma of children being bound to lifelong commitments without fully understanding their implications. Furthermore, such practices often lead to the curtailment of basic rights, including the right to education, freedom of choice, and access to a well-rounded development. While spiritual growth is undeniably valuable, should it come at the cost of other freedoms?
The tension between tradition and modernity becomes even more pronounced when viewed through the lens of liberal constitutionalism. A democratic State must safeguard the freedom to practise one’s religion but it must also ensure that vulnerable groups—particularly children — are protected from decisions that might undermine their autonomy. The Indian Constitution strikes a delicate balance between protecting religious freedom and ensuring fundamental rights for all. Article 25 guarantees the freedom of religion, allowing individuals the right to profess, practise, and propagate their faith. However, this right is not absolute and is subject to public order, morality, health, and other provisions of Part III of the Constitution. Article 21, which ensures the right to life and personal liberty, has been expansively interpreted by the judiciary to include the right to live with dignity, access education, and make informed life choices. Furthermore, Article 21A mandates free and compulsory education for all children aged 6 to 14, reflecting the State’s commitment to their holistic development. Practices like child diksha, while falling under the purview of religious freedom, must be critically examined in light of these provisions. When such practices curtail a child’s access to education, personal development, and the ability to make autonomous decisions later in life, they raise significant constitutional concerns. The courts have consistently held that no fundamental right, including religious freedom, can override the best interests of children, underscoring the need to prioritise their rights to education, development, and a future of free choice.
Does the doctrine of religious freedom extend to binding commitments made by or for children, especially when those commitments may contravene their other fundamental rights?
Bhuvnesh Kumar, Sharad Panwar
Source: Telegraph India, 11/03/2025
