Every person has a fundamental right to entertain such religious practices as approved by his/her conscience. Do you think that 'doctrine of essentiality' restricts this autonomy?
Main Body
Article 25 of the Indian Constitution guarantees every citizen the right to practice religion to the freedom of their conscience.
However, the doctrine of essentiality evolved by the SC, starting from the Shir'ur Mutt case, the SC, starting from the Shir'ur Mutt case, suggests that certain practices are essential to a religion, while others are not an integral part.
Lately, there has been controversy on wearing of 'Burqa' by females in Islam.
However, its use is necessary by the fact -
The Doctrine should be used by the court only after a proper understanding of the religion faith, facilitated by consultation from religious experts, and the best practices worldwide should be taken into account.
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Page 7
GAURAV OJHA
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Right to Religion and Doctrine of Essentiality
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