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

  1. Shirur Mut Case
  2. Ratilal Pant Gandhi Case
  3. 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.