Published: 22nd Sep, 2022
Context
The Supreme Court has raised questions over the legitimacy of states placing curbs on the rights of students in classrooms (Karnataka hijab case).
Religious Practices and Rights: Arguments
- It is argued in the court that, the Fundamental right can be exercised anywhere, whether in the classroom or any other place, subject to legitimate restrictions.
- The court has tried to seek an answer to, what actually amounts to a ‘religious practice’. Wearing a particular dress, while conducting puja, may be linked to religion. But is wearing a particular dress outside religious places within the ambit of '’religious practice” is necessary?
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India is a "beautiful democracy" where the majority are obliged not to discriminate against minorities. The secular state in the Indian Constitution meant a state that does not discriminate on religion, a state that does not patronize nor prefer one religion over the other. |
How is Religious Freedom Protected under the Constitution?
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Important cases:
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- Article 25(1) of the Constitution guarantees the “freedom of conscience and the right freely to profess, practice and propagate religion”.
- It is a right that guarantees negative liberty, which means that the state shall ensure that there is no interference or obstacle to exercising this freedom.
- However, like all fundamental rights, the state can restrict the right for grounds of public order, decency, morality, health, and other state interests.
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Argument in Support of the Hijab Ban |
Argument against Hijab Ban |
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