Centre Asserts Broad Protection for Religious Practices in Sabarimala Case
All religious practices presumed protected unless they violate public order, health, morality: Centre in Sabarimala review
The Hindu
Image: The Hindu
The Indian Union government told the Supreme Court that all religious practices are presumed protected unless they violate public order, health, or morality. Solicitor General Tushar Mehta emphasized that this protection extends beyond just 'essential religious practices' and that the burden of proof lies with those challenging a practice's validity.
- 01The government claims all religious practices are protected unless proven otherwise.
- 02The burden of proof lies with those challenging religious practices.
- 03The terms 'essential religious practices' are not defined in the Constitution.
- 04The Supreme Court noted that faith can be expressed without rituals.
- 05Interconnectedness of Articles 25 and 26 was emphasized during the hearing.
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In a significant hearing regarding the Sabarimala temple case, the Union government asserted that the Constitution presumes all religious practices to be protected unless they infringe on public order, morality, or health. Solicitor General Tushar Mehta argued that this protection is broader than merely 'essential religious practices' and that challengers must demonstrate any violations. He pointed out that the phrase 'essential religious practices' does not appear in the Constitution, labeling its use as judicial creativity. The Supreme Court, led by Chief Justice Surya Kant, also observed that expressions of faith do not necessarily require rituals, suggesting that a simple act, such as lighting a lamp in a hut, can be as meaningful as traditional practices. Justice B.V. Nagarathna noted that Hinduism encompasses a broader way of life beyond ritualistic observances, reflecting on the concept of 'auto-theism,' which allows individuals to explore their inner conscience freely.
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This ruling could influence how religious practices are interpreted and protected in India, potentially affecting various communities and their traditions.
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