Essential Religious Practices Doctrine in Sabarimala

Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: Sabarimala temple entry case.

Context:

The Supreme Court is revisiting the Sabarimala temple entry issue, examining broader constitutional questions on essential religious practices, women’s rights, and the balance between religious freedom and equality.

Key Takeaways:

Supreme Court Judgment on Women’s Entry into Sabarimala Temple:

• The 2018 Supreme Court judgment struck down the ban on entry of women, declaring it unconstitutional and violative of equality, dignity, and non-discrimination.
• The Court held that exclusion based on menstruation is discriminatory and not an essential religious practice.
• It ruled that devotees of Lord Ayyappa do not constitute a separate religious denomination entitled to exclusive rights under Article 26.
• The case highlights tension between Article 25 (individual right to worship) and Article 26 (denominational rights).
• Courts have emphasised that religious freedom is subject to morality, health, and other fundamental rights.
• The Essential Religious Practices doctrine has evolved through judicial interpretation, distinguishing core religious beliefs from social customs.
• Earlier judgments like Shirur Mutt case (1954) laid the foundation for defining religious practices and denominational rights.
• The doctrine has been criticised for giving courts excessive power to determine religious essentials.
• The ongoing review examines whether courts should defer to religious communities or actively reform discriminatory practices.
• The Union government has argued that constitutional morality should not override judicial restraint and that courts should not act as reformers.
• The debate also involves whether gender-based exclusion can be justified as a religious practice.
• Constitutional provisions allow state intervention in secular aspects of religion to ensure social reform and equality.
• The Constituent Assembly debates indicate that equality and non-discrimination were intended to override discriminatory practices.
• The definition of religious denomination requires common faith, organisation, and distinct identity, which the Court found lacking in Ayyappa devotees.
• Critics argue that applying Western concepts of denomination to Hindu traditions may be inappropriate due to their fluid nature.
• The case raises broader questions about limits of judicial review, separation of powers, and role of judiciary in social reform.

CONCLUSION:

The Sabarimala case represents a critical intersection of faith, equality, and constitutional values, requiring a balanced approach that upholds rights while respecting religious diversity and institutional limits.

Source: (The Hindu)

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