Rights of the atheists in India: A critical analysis

“Freedom of religion and conscience” are substantial fundamental rights which have been guaranteed by the Indian Constitution. A person should be able to affirm “no religion” or to be an atheist or non – believer freely. As the fundamental right of religion of the religious people is substantial, the rights of atheists and non – believers are equally vital and valuable. Currently available provisions like Section 295A of the IPC (Indian Penal Code) and the Punjab Assembly‟s recent “The Indian Penal Code (Punjab Amendment) Bill, 2018”by introducing Section 295AA, undermine atheist or agnostic people’s constitutional rights. Atheism was always socially pervasive in India, but from a legal standpoint it has always remained largely a gray area. There is no specific legal structure for atheists as they are deemed to actually belong to their birth religion. Since 1950, the Indian Constitution has spoken of “freedom of conscience” pursuant to Article 25, but as far as “unbelievers” or atheists people‟s constitutional rights are concerned, this has not been substantiated until recently. This research paper focuses on various constitutional aspects when it comes to the rights of the atheists, including different judicial decisions on the same.