Article 28 of Indian Constitution Part2

Summary

This video explores the 'essential religious practices' (ERP) test in India, which determines the limits of constitutionally protected religious practices. It discusses how the Supreme Court's interpretations, including the Aisha Shifa case on hijab in schools, have shaped religious freedom. The ERP test, influenced by BR Ambedkar, allows state intervention in non-intimate religious matters. The video examines legal precedents, societal implications, and the judiciary's role in a diverse society.

Takeaways

• 📜 The video discusses the Essential Religious Practices (ERP) test in the context of Article 28 of the Indian Constitution and the right to religion.
• 🌟 Religious freedom is considered crucial for fostering religious reform and achieving social harmony in India.
• 🏛 The ERP test, established by the Supreme Court of India, helps determine which religious practices are essential and thus constitutionally protected.
• 📚 Landmark cases like the Shirur Mutt case and Ratilal Pant Gandhi case have shaped the ERP test.
• 👳‍♀️ The 2022 Aisha Shifa versus State of Karnataka case dealt with the wearing of hijabs in educational institutions, sparking debates on religious freedom and individual choice.
• 🏫 The Karnataka High Court ruled that wearing a hijab is not an essential practice in Islam, thus not infringing on the right to freedom of religion.
• 📖 The court also stated that classrooms are public spaces where individual rights may be limited for the sake of general discipline and decorum.
• 🚫 The ban on hijabs was not considered discriminatory by the court, as it was based on a uniform dress code policy.
• 🤔 The case has reignited discussions on the ERP test and its application in modern legal interpretations.
• 🏛 The Supreme Court's interpretation of the right to religion is an evolving process that impacts the social and cultural fabric of India.
• 🌐 The judiciary plays a pivotal role in balancing individual rights with the principles of secularism in a diverse and pluralistic society.

Q & A

What is the significance of Article 28 of the Indian Constitution in the context of religious freedom?

Article 28 of the Indian Constitution is significant as it prohibits religious institutions from being taken over by the state or any other agency, thereby ensuring the autonomy of religious practices and institutions, which is a continuation of the religious freedom guaranteed by Article 25.

How does religious freedom contribute to fostering religious reform and social harmony?

Religious freedom is essential for fostering religious reform and social harmony because it allows individuals to explore their conscience, pursue the truth, and engage in an organic process of religious evolution. Greater freedom for religious and identity-based groups helps prevent repression, which often leads to violence.

What is the essential religious practices (ERP) test and how was it established by the Indian Supreme Court?

The essential religious practices (ERP) test is a legal framework established by the Indian Supreme Court to determine which religious practices are fundamental to a faith and thus deserving of constitutional protection. It was established through landmark cases and involves assessing the limits of the right to religion as guaranteed by the Constitution.

What are some landmark cases that have shaped the ERP test in India?

Landmark cases that have shaped the ERP test in India include the Shirur Mut case and Ratilal Panthji Gandhi case, which have been instrumental in defining the scope of religious practices that are considered essential and therefore protected under the Constitution.

What was the controversy surrounding the wearing of hijab in educational institutions as mentioned in the script?

The controversy involved Muslim students in Karnataka who were denied entry into classes for wearing the hijab, which was against the college's uniform policy. This led to a legal dispute where the Karnataka High Court ruled that wearing a hijab is not an essential practice in Islam and that the ban did not infringe upon the right to freedom of religion.

What were the three pivotal findings of the Karnataka High Court in the hijab case?

The three pivotal findings were: 1) Wearing a hijab is not an essential practice in Islam, 2) There is no substantive right to freedom of expression or privacy within the classroom as it is a qualified public space, and 3) The ban on hijab did not discriminate against Muslim students and was a result of the government's order for a uniform dress code.

How does the ERP test relate to BR Ambedkar's arguments in the Constituent Assembly?

The ERP test is rooted in BR Ambedkar's arguments which allow the state to intervene in matters connected to religion but not in those that are intrinsically religious. This principle guides the test in determining the constitutionality of religious practices.

What was the outcome of the appeal in the B Immanuel versus state of Kerala case?

In the B Immanuel versus state of Kerala case, the Supreme Court delivered a split verdict, with neither judge employing the established ERP test. This departure from jurisprudence was notable, especially in Justice Dulas' opinion, where he explicitly dispensed with the ERP test when individual rights were curtailed by state regulation.

What are the broader implications of the Supreme Court's interpretations of the right to religion on Indian society?

The Supreme Court's interpretations of the right to religion have profound implications for the social and cultural fabric of India. These decisions influence societal attitudes and contribute to the discourse on secularism, tolerance, diversity, and coexistence, shaping the contours of these values within a pluralistic society.

How does the ERP test contribute to the jurisprudential legacy of religious freedom in India?

The ERP test contributes to the jurisprudential legacy of religious freedom in India by providing a framework for courts to evaluate the constitutionality of religious practices. Each legal episode involving the ERP test adds to the understanding and application of religious freedom, balancing individual rights with societal norms and secular principles.