Freedom to profess religion
Freedom to profess religion legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Right to practice religion implied that a Muslim citizen had a fundamental right to offer his prayer at the time of prayers while he was travelling on Motorway M-3 and it was the duty of State to provide appropriate area to offer prayers at service areas of M-3
Order accordingly.
Freedom, individual autonomy and rationality characterized liberal democracies and the individual freedoms thus flowing from the freedom of religion must not be curtailed by attributing an interpretation of the right to religious belief and practice exclusively as a community-based freedom
Freedom of conscience could not be separated from the freedom of religion
While the freedom of conscience was an individual right, the right to religion had both individual and community based connotations.
Constitutional petition under Art.184(3) of the Constitution praying for promulgation of a new law against forced conversion from one religion to another
Freedom to profess religion
Scope
Petitioner had filed the present constitutional petition with the prayer that for the protection and enforcement of the fundamental rights of the citizens, the Supreme Court might direct the Government to promulgate a law prescribing it to be an offence punishable with imprisonment for a person who converted or attempted to convert any person from one religion to another by use of force, allurement or by fraudulent means or aided or abetted any such conversion
Validity
In view of Art.20 of the Constitution, there was no necessity of a specific legislation as had been prayed for, because every citizen had a fundamental right to profess, practice and propagate his religion
Supreme Court observed that where there was a forced conversion, the law always took its own course
Constitutional petition was disposed of, accordingly.
"Freedom to profess religion", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124936356
Precedents & Case Laws citing "Freedom to profess religion"
P L D 2005 Lahore 354
Hafiz ASMATULLAH‑‑‑Appellant Versus GOVERNMENT OF PUNJAB and others‑‑‑Respondents
Court:P L D 2022 Lahore 278
AZHAR ABBAS HAIDERI — Petitioner Versus GOVERNMENT OF THE PUNJAB and others — Respondents
Court: High CourtP L D 2012 Supreme Court 679
PAKISTAN HINDU COUNCIL — Petitioner Versus PAKISTAN through Ministry of Law — Respondent
Court: High Court2005 C L C 678
Haji MUHAMMAD HANIF ABBASI and 2 others — Petitioners Versus CAPITAL DEVELOPMENT AUTHORITY through Chairman, Islamabad and 11 others — Respondents
Court: Lahore2017 M L D 1510
AZHAR BAKHTIAR KHILJI — Petitioner Versus DISTRICT CO-ORDINATION OFFICER and others — Respondents
Court: Lahore (Bahawalpur Bench)P L D 2026 Lahore 206
SHAHROZ — Petitioner Versus ADDITIONAL DISTRICT JUDGE and others — Respondents
Court: High Court2001 P Cr
and another ‑‑‑ Appellants Versus DISTRICT MAGISTRATE, CHAKWAL
Court: Lahore1993 S C M R 1718
ZAHEERUDDIN and others‑‑‑Appellants Versus THE STATE and others‑‑‑Respondents
Court: Supreme Court of Pakistan2023 P L C (C
BISMILLAH DIN Versus GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Civil Secretariat, Peshawar and 5 others
Court: Peshawar High Court2020 C L C 1885
DEWAN HAMID MASOOD CHISHTI and others — Petitioners Versus PROVINCE OF PUNJAB and others — Respondents
Court: Lahore High Court