india indian-constitutional-law religious-law freedom-of-religion
Starting a new religion in India
<h3>Context</h3>
<p>Indian constitution provides fundamental right to freedom of religion (Article 25,26,27,28 among others).</p>
<p>India is country with secular constitution. However many personal laws regarding marriages, divorce, inheritance, adoption etc are religion specific (along with some non-religious versions of these acts like Special Marriage Act)</p>
<h3>Questions</h3>
<ol>
<li><em>Does the constitution of India allows starting a brand new religion?</em></li>
<li><em>Will this new religion get similar freedoms? Especially if it promotes controversial practices (which are not uncommon in many religions like — circumcision, polygamy, subjugation of women, weird dress codes etc)</em></li>
</ol>

<blockquote>
<p>Does the constitution of India allows starting a brand new religion?</p>
</blockquote>
<p>Yes. Indeed, brand new religions have been started in India since it was enacted. <em>See, e.g.</em>, <a href="https://timesofindia.indiatimes.com/india/all-you-wanted-to-know-about-indias-brand-new-religion-dinkoism/articleshow/51711172.cms" rel="nofollow noreferrer">Dinkoism</a> and an academic journal article by <a href="https://www.jstor.org/stable/26290776" rel="nofollow noreferrer">Dubey (2015)</a> discussing several others. The <a href="https://thediplomat.com/2018/03/a-new-religion-in-india-karnatakas-lingayats-seek-recognition/#:%7E:text=Religion%20in%20India%3F-,Karnataka%27s%20Lingayats%20Seek%20Recognition,religion%20tag%20to%20the%20Lingayats.&amp;text=A%20new%20religion%20has%20the,of%20existing%20and%20practicing%20religions." rel="nofollow noreferrer">Lingayat religion</a> is currently in the process of seeking official government recognition as an organized religious body (even though it has actually existed for centuries in India).</p>
<blockquote>
<p>Will this new religion get similar freedoms?</p>
</blockquote>
<p>Yes.</p>
<blockquote>
<p>Especially if it promotes controversial practices (which are not
uncommon in many religions like — circumcision, polygamy, subjugation
of women, weird dress codes etc)</p>
</blockquote>
<p>The fact that practices are controversial does not bar a religion from receiving respect under the Constitution of India. But religious views don't always overcome secular law.</p>
<p>For example, a new religion that called for human sacrifice would not make that practice legal in India, despite its constitutional protections for freedom of religion.</p>
