India calls itself the world’s largest democracy and a secular state. Articles 25 to 28 of the Constitution guarantee every citizen the right to religious freedom. However, the demolition of several religious sites in multiple states during 2025 has raised serious questions about the practical implementation of religious freedom and minority rights.
The word “secular” was added to the Indian Constitution through the 42nd Amendment in 1976. Article 25 guarantees freedom of conscience and religion, Article 26 ensures autonomy of religious institutions, while Articles 27 and 28 lay down the principle of keeping the state separate from religious affairs.
Recent events have sparked a new debate in India about the rule of law and the balance of minority rights. The current situation appears to contradict not only the religious freedoms enshrined in the Indian Constitution, but also the spirit of the 1986 Supreme Court judgment in ‘Bijoe Emmanuel vs State of Kerala. In that case, three Christian students refused to sing the National Anthem. Justice O. Chinnappa Reddy wrote in the verdict:
“Our tradition teaches tolerance, our philosophy preaches tolerance, our Constitution practises tolerance, let us not dilute it. The three boys are entitled to retain their conscientious objection to singing the National Anthem.”
From May to July 2025, under “anti-encroachment drives” in Uttar Pradesh, Madhya Pradesh, and Rajasthan, several religious sites were demolished. These included mosques, madrasas, shrines, and graveyards.
The most widely discussed incident took place in Varanasi, Uttar Pradesh. Here, the 200-year-old “Azghaib Shaheed Masjid” was declared an encroachment on railway land and demolished within 22 minutes. Heavy security was deployed for the operation.
The local administration maintains that the action was taken to uphold the rule of law and remove encroachments, and that it had no connection to any religion. On the other hand, Muslim organizations and human rights activists argue that such actions are increasing a sense of insecurity among minorities.
Human rights organizations such as Amnesty International and Human Rights Watch have expressed concern over these 2025 demolitions. They state that most of the sites targeted in the “anti-encroachment” campaign belonged to a specific community, raising questions about the constitutional principle of equality. Meanwhile, several such cases are pending before the Indian Supreme Court. Prominent jurists argue that while the rule of law is essential, it must be applied equally to all citizens. If enforcement remains selective, it undermines constitutional trust.
The ruling Bharatiya Janata Party (BJP) says that the law is equal for everyone in the country. According to party spokespersons, any action is based not on religion but on legal violations. The government maintains that all religions enjoy freedom in India, and that this is the country’s strength.
The Indian Constitution and Supreme Court judgments speak of tolerance and truth. But the gap between constitutional promises and ground realities is acknowledged by both policymakers and the judiciary.
The idea of a secular India will only be strengthened when a multi-religious country like India maintains a balance between the Constitution and public sentiment. Otherwise, declining confidence among minorities risks damaging social harmony.
Is India still fully committed to its Constitution and Supreme Court judgments today?
The answer to this question will be given by time and by the practical actions of the state.