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Spiritual Orientation, Religious Practices, and Courts
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Context
A recent Madras High Court order allowing the practice of angapradakshinam has reignited debates on judicial interpretation of religious practices, the essential religious doctrine test, and the balance between religious freedom and constitutional values.
Judicial Approach to Religious Practices:
- Inconsistent Interpretation: Courts have been inconsistent in determining essential religious practices, moving away from examining religious doctrines to applying their own rationality.
- Essential Religious Doctrine Test: Introduced in Sri Shirur Mutt case (1954), it limits religious freedom protection to practices deemed essential and integral to a religion.
- Varied Criteria: Courts have used different criteria such as religious texts, empirical evidence of practice, and historical existence to determine essentiality of practices.
Constitutional Provisions and Judicial Interpretation:
- Freedom of Religion: Article 25 guarantees freedom to profess, practice, and propagate religion, subject to public order, morality, and health.
- Subordination to Other Rights: The Constitution subordinates religious freedom to other fundamental rights and allows state intervention for social reforms.
- Privacy and Dignity: Recent judgments have linked religious practices to right to privacy (Article 21) and human dignity.
Challenges in Judicial Determination of Religious Practices:
- Theological Complexity: Judges often have to interpret complex theological issues without specialized knowledge.
- Balancing Rights: Courts struggle to balance religious freedom with other constitutional values and public welfare.
- Evolving Practices: Difficulty in accommodating evolving religious practices while adhering to the "essential practices" doctrine.
UPSC Mains Questions:
Q. Critically examine the 'essential religious practices' doctrine evolved by the Indian judiciary. How has it impacted the interpretation of religious freedom in India?
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