Ritobrota Banerjee, Guru Gobind Singh Indraprastha University, New Delhi, India
I. Overview:
India, a nation renowned for its complex web of religious diversity, is at a challenging crossroads where the relationship between law and religion constantly changes the geopolitical landscape. Despite being fundamentally secular, Articles 25–28 of the Indian Constitution grant religious freedom to all of its citizens. Nevertheless, there have frequently been issues when putting these ideas into reality. In India, the term "public religion" refers to more than just individual convictions; it is closely associated with political ideas, cultural norms, and social practices.
The legal system in India, which is sometimes called a "legal gadget," operates within a framework that seeks to balance the rights of the individual with the welfare of the community. However, there are several inconsistencies with this delicate balancing act. The legal structure poses a number of challenges to the preservation and restoration of public religion, including issues with minority rights, religious freedom, and the secular nature of the state. The colonial past of the Indian legal system and the multicultural and pluralistic nature of Indian society exacerbate these challenges.
The recent rise in religious nationalism and politics of religion has increased the complexity of the legal system's role in regulating public religion. The court, which is frequently seen as the guardian of constitutional values, has been tasked with navigating these rough waters, sometimes with tense outcomes.
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