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Understanding India's Right to Religion
Oct 4, 2024
Lecture Notes: Essential Religious Practices (ERP) Test and Right to Religion in India
Introduction
Continuation of Article 28 of the Indian Constitution.
Focus on the Essential Religious Practices (ERP) test within the right to religion.
Key Concept
: Freedom of religion tied to human dignity and conscience.
Religious freedom vital for reform and social harmony.
Importance of Freedom of Religion
Discussed in previous videos covering Articles 25 to 28.
Importance of freedom in religion to avoid societal repression and violence.
Supreme Court's Interpretation
The Supreme Court of India has narrowed religious freedom via the ERP test.
Landmark cases shaping interpretation:
Shabala Temple Entry Case.
Hijab Controversy.
Article 25 of the Indian Constitution
Guarantees freedom of conscience and right to profess, practice, and propagate religion.
Judicial decisions have evolved its interpretation, impacting jurisprudence.
ERP Test
Framework by the Supreme Court to assess religious practices' essentiality.
Determines constitutional protection eligibility for religious practices.
Key Cases Shaping ERP Test
Shirur Mut Case
Ratilal Pant Gandhi Case
Aisha Shifa vs. State of Karnataka (2022)
Facts
: Hijab-wearing students denied entry due to uniform policy.
Judgment
:
Hijab not an essential Islamic practice.
No substantive right to freedom of expression or privacy in classrooms.
No discrimination found against Muslim students.
Wider Implications and Discussions
ERP test allows state intervention in non-intrinsic religious matters.
Past Interpretations: B Immanuel vs. State of Kerala (1986)
Allowed students to abstain from singing the National Anthem.
Recent Developments & Critiques
Split verdict on appeal in Hijab case.
Departure from usual ERP test in handling religious freedom.
Awaiting consideration by a larger bench of the Supreme Court.
Societal and Cultural Impact
Supreme Court decisions affect social and cultural attitudes.
Influence on tolerance, diversity, and coexistence in India.
Conclusion
Supreme Court’s interpretation is evolving, nuanced.
Each case contributes to religious freedom jurisprudence.
Balancing individual rights and secularism remains crucial.
Understanding the ERP test helps in grasping the judicial balance of rights under Article 25 to 27.
The role of judiciary in maintaining a pluralistic society highlighted.
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