Q. In Bijoe Emmanuel case, which was in news recently, according to the Supreme Court verdict which of the following article has/have been infringed?
- Article 21
- Article 25(1)
- Article 19(1)(a)
Choose the correct answer using the codes given below:
Answer:
Only 2 & 3
Notes:
- In August 1986, a Supreme Court bench had, in Bijoe Emmanuel & Ors vs State of Kerala, granted protection to three children of the Jehovah’s Witness sect, who didn’t join in the singing of the national anthem at their school.
- The court held that forcing the children to sing the anthem violated their fundamental right to religion.
- It was pleaded that for Jehovah’s Witnesses, only Jehovah should be worshiped.
- Since the national anthem was a prayer, his children would stand up in respect when it was playing, but their faith did not allow them to sing it.
- The Supreme Court in the Bijoe Emmanuel case had remarked that:
- Article 25 is an article of faith in the Constitution, incorporated in recognition of the principle that the real test of a true democracy is the ability of even an insignificant minority to find its identity under the country’s Constitution.
- The Court was satisfied that the expulsion of the three children from the school is a violation of their Fundamental Right to freedom of conscience and freely to profess, practise and propagate religion. The Fundamental Rights of the appellants under Art. 19(1)(a) and 25(1) have been infringed and they are entitled to be protected. We allow the appeal, set aside the judgment of the High Court and direct the respondent authorities to re-admit the children into the school… We only wish to add: our tradition teaches tolerance; our philosophy preaches tolerance; our constitution practises tolerance; let us not dilute it.