The single-judge ruling allowed angapradakshinam, the practice in which devotees roll over banana leaves on which other devotees have partaken food.
Some legal scholars argue judges should not assume the role of clergy to determine theological issues to either permit or curtail the freedom to "irrational" beliefs.
Without going into the merits of the case above, it may be pointed out courts in India adjudicate on contentious religious practices only when their intervention is sought under Articles 32 or 226 of the Constitution. If courts in the past subjected certain religious practices to the essentiality test, it was only because those traditions, apart from not being essential to their faith, were violating the Constitution.
For instance, in the triple talaq case, Justices Nariman and U U Lalit-two of the three judges who delivered the majority judgement showed us how it is possible to harmonise the concepts of constitutional justice and Islamic egalitarianism without undermining the religious freedom guaranteed in Article 25(1).
On the one hand, they pronounced talaqe-biddat to be "manifestly arbitrary” and violative of Article 14 because it allowed a Muslim man to break his marriage "capriciously and whimsically" without attempting to save it through reconciliation. On the other, the judges endorsed the comprehensive Quranic procedure of divorcealready upheld by the Supreme Court in the Shamim Ara case (2002), which gives a Muslim husband no room to arbitrarily exercise his right to divorce.
Denne historien er fra July 11, 2024-utgaven av The Morning Standard.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
Allerede abonnent ? Logg på
Denne historien er fra July 11, 2024-utgaven av The Morning Standard.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
Allerede abonnent? Logg på
Trump's Attacker Had Planned To Recruit Afghans To Fight For Ukraine
Wesley Routh has criminal record, posted on politics, donated to Democratic party
Worst Typhoon In 75 Years Brings Shanghai To A Halt
BEBINCA, the strongest typhoon to have hit China's Shanghai city in 75 years, on Monday left a trail of destruction, bringing the megacity with a 25 million population to a grinding halt.
Shah Reaffirms Govt's Fight Against Terrorism
HOME Minister Amit Shah, while addressing poll rallies in Jammu on Monday, said the Assembly polls in J&K is a fight between those who abrogated Article 370 (BJP) and those who are claiming to bring it back (NC, PDP and Congress) and asserted that the Modi government will bury the terrorism so deep that it cannot rise again.
Returning Rishabh Under Spotlight
After missing out on Test cricket for almost two years, wicketkeeper-batter likely to make a return in the first Test vs Bangladesh
Nobel Laureate Slams UN For Silence, Inaction
JAILED Nobel Peace Prize winner Narges Mohammadi on Monday urged the international community to act to end the "oppression" of women in Iran, two years after the start of a women-led protest movement.
7 members enter race to become next IOC prez
THE International Olympic Committee published a list Monday of seven would-be candidates who are set to run for election in March to succeed outgoing president Thomas Bach for the next eight years.
City hearing a chance to clear name or taint their dominance
THE biggest challenge to Manchester City's Premier League dominance was due to start on Monday at a hearing into a slew alleged financial breaches.
ACT hockey: Harmanpreet's twin goals sink Korea; take India to final
SKIPPER Harmanpreet Singh's sublime form resulted in twin strikes as defending champions India entered the final of the Asian Champions Trophy with a clinical 4-1 win against South Korea in the semi-final here on Monday.
From tennis ball to pace sensation: Rana's journey
HE had not held a cricket ball in his hand until he turned 17 but only four years later Nahid Rana started hurrying world-class batters with his raw pace.
UNRAVELLING CHRONIC MIGRAINE IN TEENAGERS
DOES your teenage son or daughter often complain of persistent, throbbing headaches? Parents might easily attribute these headaches to stress, exhaustion, or lack of sleep.