Day 2 – Q 4.Examine the role played by the judiciary in addressing the concern for the right to freedom of religion.
4. Examine the role played by the judiciary in addressing the concern for the right to freedom of religion.
धर्म की स्वतंत्रता के अधिकार से समबन्धित मामलों को संबोधित करने में न्यायपालिका द्वारा निभाई गई भूमिका की जांच करें।
Introduction – You can write about the relevant articles mentioned in the Indian Constitution and how Judiciary has safeguarded them with various pronouncements.
- Mention the cases wherein the Judiciary has played a significant role regarding protection of Right to Freedom of Religion.
- Also, you can write a few lines on the challenges that are lying ahead.
Conclusion – give a balanced conclusion
Right to freedom of religion is mentioned in article 25,26,27 and 28 of the constitution of the India. It comes under the fundamental rights in part three. Supreme court, being the guarantor and protector of fundamental rights, has the duty to address the concern for freedom of religion.
How the supreme court has addressed the concern for freedom of religion –
- Supreme court in Hadiya case said that freedom to choose one’s religion or life partner in central to Indian plurality
- Supreme court in Indian Young Lawyer’s association vs state of Kerala allowed women of age between 10 and 50 in Sabari Mala temple
- Supreme court upheld right to convert only on the basis of individual freedom to give consent in Stanislaus vs State of MP case.
- Supreme court held that Parsi women who married outside their community should be allowed to participate in fire temple and others
- Inter religious marriages annulled by various non- constitutional bodies like Khap panchayat have been criticised by judiciary and upholds the Hindu marriage act for inter caste marriage.
- Supreme court declared the practise of the triple talaq as null and void to save women from empowerment of women.
- Supreme court allowed women to enter Haji Ali and Shani Shingnapur.
- Supreme court regulated the use of crackers. It also banned loudspeaker in mosque and temples.
- Supreme court also banned the practise of female genital mutilation prevalent in Dawoodi Bohra community.
However, many times, supreme court fails to address the concern of freedom of religion
- Supreme court could not prevent anti – Sikh riots in 1984, Anti-Hindu riots in 1990, Muzzafarpur riots and Godhra riots in 2002
- There was discontent among Muslim community when supreme court gave the verdict that mosque is not the essential part of Islam.
- In Sabarimala case also, judge Indu Malhotra has dissenting verdict that court should not intervene is religious practises which are prevalent from many years.
Thus through its various judgements supreme court has tried to address the concern for right to freedom of religion. Also, every decision should be taken keeping in mind the preference for constitutional morality over social morality. Only then we can achieve the truth sense of secularism as mentioned in the preamble.
Best answer – statesman 101