Kerala Government Advocates for Limited Religious Freedom in Sabarimala Case

Original: Right To Religion Not Absolute: Kerala Switches Side On Sabarimala Review

Ndtv•Apr 6, 20266 min

In a Nutshell

The Kerala government has informed the Supreme Court that the right to freedom of religion is not absolute and should not infringe on the rights of others. This argument comes as the court prepares to review the 2018 ruling that allowed women of all ages entry into the Sabarimala temple, a decision that has sparked significant debate over religious practices and constitutional rights.

Key Points

01Kerala argues that religious freedom under Article 25 is subject to limitations.
02The Supreme Court will review the 2018 Sabarimala verdict regarding women's entry.
03The state emphasizes the need for constitutional morality in interpreting religious rights.
04Key questions include the scope of judicial review and the definition of essential religious practices.
05The government seeks to balance individual rights with the rights of religious denominations.

In-Article Ad

Full Summary

The Kerala government has presented its position to the Supreme Court, asserting that the right to freedom of religion under Article 25 of the Indian Constitution is an individual right that is not absolute. This comes as the Supreme Court prepares to hear review petitions challenging the 2018 ruling that permitted women of all ages to enter the Sabarimala temple in Kerala. The government argues that while Article 25 guarantees freedom of conscience and the practice of religion, it is subject to constitutional limitations such as public order and morality. It emphasizes that a true democracy recognizes the rights of even the smallest minority and that religious freedoms must not infringe upon the rights of others. The Supreme Court will consider several key questions regarding the interplay between Articles 25 and 26, the scope of judicial review, and the definition of essential religious practices. The outcome could have significant implications for the rights of women and the management of religious institutions in India.

Key Figures

9

Number of judges on the Constitution bench reviewing the case

2

Number of Articles (25 and 26) primarily discussed regarding religious freedom

In-Article Ad

Why It Matters

The court's decision could redefine access to religious sites in India, impacting women's rights and religious practices.

Who is affected

Women devotees, religious organizations, and the broader Hindu community.

What to know

Women and advocacy groups should monitor the court's proceedings and prepare to respond to the ruling.

FAQ

The 2018 verdict allowed women of all ages to enter the Sabarimala temple, challenging traditional restrictions.

The government argues that religious freedom is subject to limitations and must not infringe on the rights of others, emphasizing constitutional morality.

✦