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

Volume II Issue II /

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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DENIED IDENTITY: EXAMINING THE INFRINGEMENT OF FUNDAMENTAL RIGHTS THROUGH THE BAN ON CASTE DECAL FOR VEHICLES

Volume II Issue II /

DENIED IDENTITY: EXAMINING THE INFRINGEMENT OF FUNDAMENTAL RIGHTS THROUGH THE BAN ON CASTE DECAL FOR VEHICLES Lakshay Gupta, Student of B.B.A.LLB at Christ Deemed to be University Delhi, NCR campus Shaivi Agnihotri, Student of B.B.A.LLB at Christ Deemed to be University Delhi, NCR campus Download Manuscript ABSTRACT Caste and religious decals on cars have drawn a lot of attention, particularly considering the Uttar Pradesh police’s recent enforcement campaign against them. Numerous court rulings and orders have emphasised the ban on these decals, highlighting issues with social harmony and public order. Nonetheless, objections to these prohibitions have been made, pointing out that the Indian Constitution’s fundamental rights have been violated. Three fundamental rights—Article 14 (Equality before the law), Article 19 (Freedom of speech and expression), and Article 21 (Protection of life and personal liberty)—intersect with the ban on caste and religious decals. Since Article 14 guarantees equality and the protection of the law, banning these decals might be unfair and discriminatory. It is implied that prohibiting these decals may limit expression, association, and identity assertion whereas, Article 19 protects the freedoms of speech, association, and movement. The protection of the right to life and liberty, which includes autonomy and dignity, is provided by Article 21. This right may be jeopardised by restricting speech and upholding discrimination. These prohibitions are still in effect despite legal challenges, and violations are subject to fines under certain provisions of the Motor Vehicle Act. But since the Act doesn’t specifically forbid caste or religious decals, it’s unclear whether the fines levied for their display are justified. Furthermore, the Act usually permits small modifications, such as stickers, provided they don’t change the fundamental design of the vehicles. The prohibitions on religious and caste decals seek to address social issues, but to be justified as constitutional, they must pass the reasonableness test. Navigating this complicated issue requires striking a balance between societal interests and individual freedoms to protect both that is our fundamental rights and advance inclusivity and social harmony. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 215-225. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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