Freedom of religion in indias Constitution:Sabarimala judgement
Religion is a very volatile issue in India and therefore India Constitution seeks to ensure state neutrality in the matter of religion. State government will neither propagate the religion or prohibit the religion. As per indias Constitution state has no preferred religion but in order to protect religion state may interfere that interference should be logical, legitimate and as per constitutional values. Article 25 to 28 give freedom of religion. Citizens/ all persons residing in India, protection of religion. As per article 25 to 28 indias Constitution provide religious freedom to all religious an act the same time. It is expected from state that interference is going to be constitutionally correct or all religion are treated a like by the state and equal protection should be provided all the religion by the state itself.
Article 25- freedom of conscience, freedom of propagation and practice of religious. Freedom of religion means article 25(1) subjected to public morality and as per indias Constitution even freedom of religion is not absolute if time and situation arises state will put some short of impediment in the name of public morality. Article 25(2) - state can make any law restricting any economic economic financial political or secular activity which may be associated with practice of religion. And at the same time state will interfere in religious matter in the name of social reform. State will interfere in public morality, secular activity and social reform. I create a overview of religion, now prasent time news Sabarimala judgement(indian young lawyer association) debate related to article 25 give freedom guaranteed that is also subjected to various types of limitation. In the name of freedom of religion public morality shall never broken away, every type of religious practices should pass the text of essentiality. But the question of essentiality is very difficult to decide neither court nor any community can decide the question of essentiality appropriately. Under article 26 says freedom to manage religious affairs i.e temple ,cultures, religious worship extra. But under article 26 all religious denomination will have complete freedom to manage religious affairs. But at the same time certain secular activity for the propagation of religion is going to be interfere to the state. Doctrine of cypress says any financial irregularity or illegitimate act by a charitable Trust is going to be stopped by a state or law made by state. Place of worship act 1991- as per above act maintenance of the religious characteristics of any place of worship.it was existed on 15 August 1947 shall be maintained the dispute of Ayodhya was exempted. Judicial review of this act not possible. IR coelho case 2007 says judiciary review of any parliament law is possible. I want to come back Sabrimala case again. The sabarimala karala temple case is about women entry in to the temple. Women aged 10 to 50 we're not allowed because Lord Ayyappa is believed to be a celibate deity. In 2018 the supreme Court (SC) of India said this ban was against equality rights. The court allowed women of all ages to enter the temple tradition. So review petitions were filed in court. Now a larger 9 judge bench of the SC of India is hearing the case again. The main question is whether religious tradition are above equality laws. This case is important because it concerns both religious freedom and women's right. Written by - Aman Vikal
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