Amandeep Kaur (Assistant Professor of Law, UIL, Sant Baba Bhag Singh University, Jalandhar, Punjab)
Navdeep Kaur (Assistant Professor of Law, UIL, Sant Baba Bhag Singh University, Jalandhar, Punjab)
ABSTRACT
In India, religion has been inseparable part of human existence. Religion persisted even before the persistence of human race. However, in recent times religion is not only confined to individual’s spirituality’s sake but it has also entered the arena of one’s political life and become a debatable matter. The bone of contention is whether the individual’s right to freedom of religion is absolute or it may be curtailed by the state. Secondly whether the individual’s right to freedom of religion can be defended on the basis of essential religious practices. Lastly what are the parameters basing upon which the essential religious practices can be differentiated from non- essential religious practices? The honorable courts have answered such questions from time to time in order to guarantee it’s citizens open air to breathe religion freely. Here we tries to analyze varied approaches of courts through its decisions where it dwell deeper into the religious matter and give different shades to “principle of essentiality” enshrined in Indian Constitution. The study also revolves around recent judicial pronouncements where the court has applied the “principle of essentiality” and what could be the possible impact of such decision on secular state like ours. The study suggests on essential religious practices the concentration should on ideas of equality, liberty and conscience rather than on circumscribing religion and essential religious practices into tight circle.
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