Transcript for:
Understanding India's Right to Religion

dear students as a continuation of Article 28 of the Indian constitution in this video we will examine the essential religious practices Erp test as enshrined within the right to religion as emphasized in our previous videos religious freedom is predicated on the belief that every human being possesses inherent dignity to explore their conscience and pursue the truth religious freedom is indispensable for fostering religious reform as without organic process religions and the societies they deeply influence can become stunted therefore greater freedom for religions and identity based groups is crucial for achieving social harmony whereas repression often leads to violence having discussed the importance and inherent social value of freedom in matters relating to religion in earlier videos particularly focusing on articles 25 to 28 this video lecture aims to examine how Indian Supreme Court has narrowed the scope of the constitutionally guaranteed freedom of religion by introducing the essentiality test the interpretation of the right to religion by the Supreme Court of India has evolved marked by landmark cases such as the essential religious practices heing after Erp test the shabala temple entry case and recent controversies surrounding the wearing of hijab this comprehensive analysis will look into the historical context legal precedence and broader societal implications of the Supreme Court's interpretations of right to religion the right to religion is enshrined in the Indian constitution under article 25 guaranteeing freedom of conscience and right to freely profess practice and propagate religion the interpretation of this right has evolved through judicial decisions contributing to jurisprudential landscape the Erp test established by the Supreme Court serves as a crucial framework for assessing the limits of right to religion this test involves determining which religious practices are essential to a particular faith and therefore deserving of constitutional protection I had already mentioned in my previous videos that cases like shirur mut case and ratilal pant Gandhi case have played instrumental roles in shaping the Erp test today's video also deals with Aisha shifa versus state of Karnataka and others the 2022 case judgment that dealt with wearing of hijab in educational institutions and the debates involving religious freedom individual choice and the authority of educational institutions to regulate the dress codes within Erp test so let's understand what has been the facts and the Judgment in the case the dispute emanated from a policy clash in Karnataka where Muslim Students deciding to wear the hijab where denied entry into the classes citing a violation of the college uniform policy the Karnataka government mandated the compulsory wearing of uniforms with no exceptions citing a uniform dress code as a result several educational institutions enforced this order leading to petitions filed in kataka high court on behalf of the affected students in its judgment the k High Court made three pivotal findings firstly it held that wearing a hijab is not an essential practice in Islam thus concluding that the right to freedom of religion was not infringed secondly the Court ruled that within the classroom there is no substantive right to freedom of expression or privacy as classrooms are deemed qualified public spaces where individual rights yield to the interest of a general discipline and decorum thirdly the court concluded that the ban on hijab did not directly emulate from the government's order avoiding discrimination against Muslim Students the case further reignited the discussions on the Erp test this test rooted in BR ambedkar's arguments in the constituent assembly allows the state to intervene in matters connected to religion but not intrinsically religious examining the past interpretations on the Erp test the court also examined the Judgment provided in B Immanuel versus state of Kerala 1986 SC 3518 where the students were allowed to abstain from singing the National Anthem due to conflict in religious beliefs the matter when it went as an appeal to the Supreme Court the division bench delivered a split verdict what makes this case even more compelling is that neither the judge employed the established essential religious practice test as usual standard in matters concerning freedom of religion this departure from established jurisprudence is particularly notable in Justice Dulas op opinion where he explicitly dispensed with the Erp test when an individual's rights were curtailed by a state regulation as a matter now awaits consideration by a larger bench it opens a fresh Avenue for the Supreme Court to re-evaluate or limit the applicability of Erp test a standard that has faced critic from legal Scholars the interpretation of the right to religion extends Beyond legal principles it has profound implications for social cultural fabric of India Supreme Court decisions influence societal attributes and attitudes shaping the Contour of Tolerance diversity and coexistence understanding how these legal interpretations resonate within communities and contributing to larger discourse on secularism and individual freedoms is integral to a comprehensive understanding in conclusion I would like to highlight that the Supreme Court's interpretation of right to religion is a nuanced and continually evolved process with the Erp test each legal episode contributes to the jurisprudential legacy of religious freedom in India this analysis navigates the historical trajectory legal intricacies and societal Ramic ifications of these interpretations highlighting the delicate yet pivotal role of the Judiciary in safeguarding individual rights within the framework of a diverse and pluralistic society hope you all understood the concept clearly and how Juris Prudence is evolving under right to religion under article 25 to 27 simultaneously balancing secularism principle thank you