“Religious Practice Assessment: An In-Depth Analysis”
Shalu Arora
Shalu Arora, Department of Law, Kurukshetra University Kurukshetra, Haryana (Panjab), India.
Manuscript received on 29 November 2023 | Revised Manuscript received on 14 December 2023 | Manuscript Accepted on 15 December 2023 | Manuscript published on 30 January 2024 | PP: 41-47 | Volume-3 Issue-2, December 2023 | Retrieval Number: 100.1/ijssl.B1105123223 | DOI: 10.54105/ijssl.B1105.03021223
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© The Authors. Published by Lattice Science Publication (LSP). This is an open-access article under the CC-BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/)
Abstract: To interpret the religious freedom provisions, the Supreme Court of India created the Doctrine of Essential Religious Practises, or “ERP.” In its techniques and tactics, the ERP doctrine fosters gender discrimination, making it a dysfunctional legal dynamic that is contributing to a process of de-secularization, according to the report. A different normative approach is also proposed in the study. A model that achieves constitutional morality may be the one recommended by the author to be used in the interpretive endeavour. The model will examine constitutional meaning to situate the harmonious vision that the judiciary has failed to accomplish in its repeated attempts to resolve disputes between claims of religious nature. The issue in the context of gender will become clear through the doctrinal study of recent decisions via the theoretical lens of constitutional principles. This essay examines the Supreme Court’s Doctrine of Essential Religious Practises and Religious Freedom clauses as a means of interpreting religion’s reach, bounds, and potential for differentiating religious from secular beliefs. It also demonstrates how these analyses are not focused on advancing the cause of gender justice. The Triple Talaq case, despite its honourable conclusion, will be examined to highlight the detrimental effects of the ERP philosophy.
Keywords: Gender Justice, Constitutional Morality, The Essential Religious Practises test, and Secularism.
Scope of the Article: Law