Judicial Decisions On Religious Matters
Context:
- Religion and spirituality have long been pivotal in shaping human societies, often intersecting with legal frameworks. Chief Justice Lathman’s remark in the Adelaide Company of Jehovah’s Witnesses Inc vs Commonwealth (1943) underscores the divergence in perspectives on religious practices. In India, this relationship is intricate, with recent legal decisions by the Supreme Court (SC) highlighting significant jurisprudence.
Major Decisions of the Supreme Court on Religion-Based Questions
Ahmedabad St. Xaviers College v. State of Gujarat (1974)
- SC emphasized Article 30, protecting minority rights to administer educational institutions.
- Ensured equality between majority and minority groups in education.
Bijoe Emmanuel v. State of Kerala (1987)
- Upheld freedom under Article 19(1)(a) and Article 25(1) by ruling against mandatory National Anthem singing in schools, respecting individual religious beliefs.
Ismail Faruqui v. Union of India (1994)
- Affirmed the freedom to offer namaz anywhere, rejecting the notion of a mosque as an essential part of Islam’s practice.
- Allowed prayer in non-mosque settings, upholding constitutional principles.
Shafin Jahan v. Ashokan K.M. & Ors. (2018)
- Recognized the right to marry as a fundamental right, irrespective of religious differences.
- Upheld individual autonomy in marital choices.
Shayara Bano v. Union of India (2017)
- Declared triple talaq unconstitutional, marking a pivotal step towards gender equality and justice for Muslim women.
- Rejected the practice as non-essential to Islamic faith.
Siddiqi Through LRs v. Mahant Suresh Das (2019)
- Settled the Ram Janmabhoomi-Babri Masjid land dispute in favor of the Hindu community, based on possession and uninterrupted worship rights.
- Resolved a longstanding religious dispute with legal clarity.
Committee of Management Anjuman Intezamia Masajid Varanasi vs. Smt. Rakhi Singh and others (2023)
- Permitted the continuation of the Archaeological Survey of Gyanvapi Mosque in Varanasi, addressing concerns over historical and religious sites.
- Demonstrated the judiciary’s role in balancing heritage preservation with religious sentiments.
Way Forward
- Numerous religious disputes await resolution, such as the Hijab dispute among Kerala students and the Mathura Krishna Janmabhoomi case.
- These cases underscore ongoing challenges in reconciling religious practices with constitutional mandates.
- Continued SC interventions are crucial for maintaining harmony and justice in matters of religious significance.
- In conclusion, the Supreme Court’s decisions on religious issues reflect India’s commitment to secularism while respecting diverse faiths. These rulings not only shape legal precedents but also influence societal norms, ensuring a delicate balance between religious freedom and constitutional rights.
