Discuss the 'Doctrine of Essentiality' referred to by the courts in the context of religious practices in India.

Doctrine of Essential Religious Practice: a Supreme court in Shirur Nathi 1964 case defined this doctrine. b It means that practices which were there during the birth of religion and core beliefs are protected and at core, religion, are protected under Article 25. c Other practices which are evolved with time and hamper human rights are not protected under Article 25. Example: Sardar Vance is not essential religious practice of Sikh faith. Sc upheld that not allowing women into there temple is not essential to the religion. Hence women can enter the temple.

d The conscience is above all religions. Hence prompting rule of law. Importance of Doctrine: a When deprived it bad derived to distinct between matter of religion from non-religious matters, however today it is used to theological way by judges. b This is required to amend to discriminatory personal laws or religious laws nature giving justice on case basis. c Critics see this as overstepping of judiciary into theological matters in which they are not expert. Basis of essentiality is important tool to judge upon case. However to ensure the human dignity, religious practices should be judged based upon values of equality, dignity and freedom.