Religion has been a fundamental aspect of human society for centuries, influencing cultural identities and community values. This article explores the complex relationship between religion, law, and societal norms through pivotal judicial rulings in India.
Recently, Justice G.R. Swaminathan of the Madras High Court allowed the religious practice of angapradakshinam. This involves devotees rolling over banana leaves after others have eaten at the Sri Sadasiva Brahmendral temple in Tamil Nadu. Justice Swaminathan overruled a 2015 decision by Justice S. Manikumar, which had prohibited the practice due to concerns over caste discrimination. He contended that the temple trustees were not included in the original case, thus denying them a voice. Furthermore, he highlighted that individuals from various castes participate in this practice, challenging the notion of caste discrimination.
Justice Swaminathan's decision has sparked renewed discussions about what defines essential religious practices and how judicial interpretations vary. Under Article 25 of the Indian Constitution, the freedom of religion is subject to public order, health, and morality. Historically, courts have defined religious freedom in terms of essential practices, yet interpretations have differed over time.
Judicial authorities should avoid assuming the role of theological judges. Instead, India's progressive legal framework must only support religious freedoms that are consistent with constitutional values. Ultimately, the constitution, rather than religious doctrines, should govern to ensure compatibility with the nation's ethos and legal standards.
Q1. What is angapradakshinam?
Answer: Angapradakshinam is a religious practice where devotees roll over banana leaves after others have eaten, particularly at the Sri Sadasiva Brahmendral temple in Tamil Nadu.
Q2. What was the main argument in the Madras High Court's ruling?
Answer: Justice Swaminathan argued that the practice of angapradakshinam involves participants from various castes and should not be deemed discriminatory.
Q3. How does Article 25 of the Indian Constitution relate to religious freedom?
Answer: Article 25 allows for the freedom of religion but makes it subject to public order, health, and morality, allowing courts to limit this freedom to essential practices.
Q4. What criteria do courts use to define essential religious practices?
Answer: Courts assess essential practices based on the doctrines of the religion itself, distinguishing between core beliefs and superstitious practices.
Q5. Can religious practices be restricted under Indian law?
Answer: Yes, courts can restrict religious practices if they conflict with public order, health, or morality as stipulated in the Constitution.
Question 1: What does Article 25 of the Indian Constitution guarantee?
A) Freedom to propagate religion
B) Freedom of speech
C) Right to equality
D) Right to education
Correct Answer: A
Question 2: Who ruled on the angapradakshinam practice in the Madras High Court?
A) Justice S. Manikumar
B) Justice G.R. Swaminathan
C) Justice D.Y. Chandrachud
D) Justice N.V. Ramana
Correct Answer: B
Question 3: Which case recognized the right to express religious beliefs through actions?
A) M. Ismail Faruqui
B) Sri Shirur Mutt
C) Acharya Jagdishwarananda Avadhuta
D) Mohammed Fasi
Correct Answer: B
Question 4: What did the Durgah Committee case distinguish?
A) Essential practices vs. superstitious beliefs
B) Religious freedom vs. public order
C) Caste discrimination vs. equality
D) Faith vs. law
Correct Answer: A
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