Discuss the 'Doctrine of Essentiality' referred to by the courts in the context of religious practices in India. (Answer in 250 words)
Main Body
Doctrine of Essentiality refers to the doctrine which tries to delineate the essential elements of religions to declare other elements ultra vires to constitution as well & said. (1) Judging Tayle telag practice as non essential to Islam & thus illegal. Need for Doctrine of Essentiality (1) Advocacy of certain practices as part of freedom of religion (Article 25) (2) Propagating exploitative practices TEP - triple taleq (Shayra Bano Case) - prohibiting women from entering Sabrimudi temple (3) Separating core from non-core elements TEP - violence is not mandated by any religion (4) Maintaining balance between religious freedom & human dignity TEP - Untouchability It is, however, criticised on the following grounds: (1) Lack of consistency in pronouncement TEP - Wearing hijab was considered essential by court earlier (2) Deemed interference of judiciary for religion lex. in Religion which is a personal matter. (3) Violates Article 25 which provides "right to freedom of religion" as a fundamental right. Way Forward - Bridging the Gap People's trust in judiciary needs to be restored so that application of 'doctrine of essentiality' doest is not deemed to be an interference in personal matter. Also, it should be ensured that an objective decision is taken as religion is a sensitive issue.
Suvan Sharma
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Right to Religion and Religious Practices
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