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RELIGIOUS AUTONOMY V. JUDICIAL INTERVENTION: DEFINING ESSENTIAL RELIGIOUS PRACTICES IN INDIAN CONSTITUTIONAL LAW

RELIGIOUS AUTONOMY V. JUDICIAL INTERVENTION: DEFINING ESSENTIAL RELIGIOUS PRACTICES IN INDIAN CONSTITUTIONAL LAW Sukhman Kapoor, 3rd year B. Com LL.B (Hons.) Student at University Institute of Legal Studies, Panjab University Chandigarh Download Manuscript Religious autonomy is one of the essential pillars of Indian democracy, and the nation is responsible for guaranteeing the same access to every citizen. Despite the fundamentality and pivotal nature of religious freedom, it cannot be categorized as an absolute right of the individual or community. The same has been subject to reasonable restrictions which can be better ensured by judicial intervention and interpretation whenever required. The balance between religious autonomy and judicial intervention in India is a complex and evolving issue, especially in safeguarding constitutional rights while respecting religious traditions.  The Doctrine of Essential Religious Practices (ERP), formulated by the judiciary, determines which religious practices are fundamental to faith and deserve constitutional protection. Judicial intervention in religious matters often stirs controversy, as seen in landmark cases like Sabarimala and Triple Talaq, where the courts ruled against traditional practices in favor of gender equality and fundamental rights. These rulings underscore the judiciary’s role in ensuring that religious customs do not violate constitutional principles like justice, equality, and non-discrimination. Despite this, critics argue that such interventions infringe on religious autonomy, as the courts assume the authority to define what constitutes essential religious practices. The paper highlights the importance of a balanced approach, advocating for judicial intervention to be applied judiciously to protect individual rights while honoring religious traditions.  By thoughtfully addressing these tensions, the courts can ensure that religious practices are compatible with the values of a modern, diverse society, without compromising the core principles of religious autonomy. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 1,279-1,296. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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CONTOURS OF DIGNITY: EXAMINING SEX WORK IN INDIA AND BEYOND

CONTOURS OF DIGNITY: EXAMINING SEX WORK IN INDIA AND BEYOND Kovid Tripathi, B.A LLB 6TH Semester Student at Damodaram Sanjivayya National Law University. Download Manuscript ABSTRACT The public use of terms like “Veshya,” “Randi,” and “Fahesha” can evoke intense emotions, especially when associated with one’s family, contributing to a prevalent societal disdain towards sex workers in India. Despite the historical roots of sex work in economic necessity, the lives of sex workers are marked by shame and societal hatred. Our article delves into the moral intricacies of prostitution, assessing the theoretical constitutional rights of sex workers through a critical analysis of the Immoral Traffic (Prevention) Act of 1956 in Indian legislation. We explore the complexities of prostitution, evaluate the constitutional rights of sex workers, and extend our analysis to compare countries where prostitution is legal, discussing the potential benefits of legalization in India. As contributors, we actively examine the positive transformations that could arise from officially recognizing prostitution in India as a labour right, scrutinizing measures by the Indian apex court. Addressing pivotal judgments on sex work, the article tries to examine the employment rights of sex workers, emphasizing the necessity to empower and protect this marginalized group. The paper contributes to a nuanced understanding of the challenges faced by sex workers, advocating for their rights in both legal and societal realms. While underscoring the resistance of societal perspectives to change, we advocate for acknowledging fundamental human rights for sex workers, providing a meaningful perspective in the ongoing discourse on this critical societal issue. The paper, in its entirety, supports the provision of labour rights for sex workers in India and emphasizes the respect due to them. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 11- 36. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024 Recent content

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BOOK REVIEW: “BEFORE MEMORY FADES: AN AUTOBIOGRAPHY” BY FALI S. NARIMAN

BOOK REVIEW: “BEFORE MEMORY FADES: AN AUTOBIOGRAPHY” BY FALI S. NARIMAN Arundhati Chatterjee, BBA LLB (Hons.) 1st year student at Presidency University, Bangalore. Download Manuscript ABSTRACT “Before Memory Fades: An Autobiography” is a captivating memoir penned by Fali S. Nariman, a prominent Indian jurist and legal scholar. In this book review, I will try to delve into the depths of Nariman’s life and experiences as he recounts his journey through the realms of law, politics, and society. Through his eloquent storytelling and insightful reflections, Nariman provides readers with a fascinating glimpse into his personal and professional life, making this autobiography a compelling read for anyone interested in Indian law and its evolution over the years. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 92 – 97 Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content BOOK REVIEW: “BEFORE MEMORY FADES: AN AUTOBIOGRAPHY” BY FALI S. NARIMAN UNBORN BENEFICIARIES AND PERPETUITY RULE: A COMPARATIVE ANALYSIS OF SECTION 13 & SECTION 14 IN THE TRANSFER OF THE PROPERTY ACT, 1882 PLEA OF ALIBI AND IT’S RELEVANCE IN CRIMINAL TRIALS TURN OF TABLES : AN OVERVIEW OF THE LEGALITY OF THE JALLIKATTU PRACTICE LEGAL ASPECTS OF MARRIAGE OF MENTALLY UNSTABLE INDIVIDUALS A CRITICAL ANALYSIS OF THE ARMED FORCES SPECIAL POWER ACT (AFSPA). A NEED OF THE TIME OR A DELINEATION FROM THE MORALITY OF THE LAW?

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