Why in the News
The Supreme Court of India, while hearing the Sabarimala review case, observed that courts cannot reform religion, even as debates continue on balancing religious freedom and constitutional rights.
Background of the Case
- Concerns entry of women aged 10 to 50 years into the Sabarimala Temple
- 2018 judgment allowed entry, upholding right to worship
- Review petitions challenge this verdict
Key Observations by the Court
- Courts cannot initiate religious reform
- Reform must come from within religion or society
- Need to balance:
- Religious practices
- Constitutional values
Arguments Presented
For Reform (Indira Jaising’s View)
- Religion must evolve to remain relevant
- Equality (Article 14) and dignity (Article 21) cannot be subordinate to religion
- Religious practices must align with constitutional morality
Concerns Raised by Judges
- Reforms should not destroy core religious identity
- Need to avoid excessive interference in doctrinal matters
Key Constitutional Provisions
- Article 14: Right to equality before law
- Article 21: Right to life and dignity
- Article 25: Freedom of religion and worship
Important Legal Concepts
- Essential Religious Practices Test
- Determines which practices are essential to a religion
- Only essential practices get constitutional protection
- Constitutional Morality: Principles like equality, dignity, and justice guide interpretation of laws
| [2019] Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice? (a) Article 19 (b) Article 21 (c) Article 25 (d) Article 29 |
