Back to Search Start Over

Freedom of Religion in India: Current Issues and Supreme Court Acting as Clergy.

Authors :
Mustafa, Faizan
Sohi, Jagteshwar Singh
Source :
Brigham Young University Law Review. 2017, Vol. 2017 Issue 4, p915-955. 41p.
Publication Year :
2017

Abstract

Religion is an indispensable part of human existence. Freedom of religion is considered as the third most important civil liberty after the right to life and personal liberty and the freedom of speech and expression. The Indian Constitution guarantees freedom of religion and acknowledges the individual's autonomy in his or her relationship with God. However, the Supreme Court of India, through the creation and continued use of the essentiality test, has tried to reform religion by restricting the scope of this freedom. The judiciary has taken over the role of clergy in determining what essential and non-essential religious practices are. Moreover, the Court has applied the test in an inconsistent manner, repeatedly changing the method of determining essentiality, seriously undermining religious liberty. This Article examines these judgments to demonstrate the adverse impact of the essentiality test on religious freedom. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
0360151X
Volume :
2017
Issue :
4
Database :
Academic Search Index
Journal :
Brigham Young University Law Review
Publication Type :
Academic Journal
Accession number :
128057901