Indian Supreme Court’s Hearing on Religion from 17 February

NEW DELHI, 13 February 2020, TON: The Indian Supreme Court this week framed seven questions pertaining to the scope of religious freedom permitted in different religions, arguments on which will begin from 17 February 2020, before a nine-Judge Constitution Bench.

These questions pertain to a clash of faith and fundamental rights vis-a-vis entry of women of all ages into Mosques and Dargahs, female genital mutilation practised among the Dawoodi Bohra community, entry of women married to non-Parsis into the fire temple and entry of women in the Sabarimala temple.

The bench is headed by the Chief Justice S.A. Bobde and to be heard by the nine-judge bench that also comprises Justices R. Banumathi, Ashok Bhushan, L. Nageswara Rao, M.M. Shantanagoudar, S.A. Nazeer, R. Subhash Reddy, B.R. Gavai and Surya Kant. The nine-judge bench will hear the issues referred by a five-judge Constitution bench headed by then Chief Justice Ranjan Gogoi (since retired) on 14 November 2019.

The questions include: What is the scope and ambit of the right to freedom of religion under Article 25 of the Constitution? What is the interplay between the rights of persons under Article 25 of the Constitution of India and rights of religious denominations under Article 26 of the Constitution?

The bench will also examine the scope and extent of judicial review with regard to a religious practice, as referred to in Article 25, and the meaning of the expression "Sections of Hindus" in Article 25 (2) (b) of India's Constitution.

The bench will also deal with whether a person not belonging to a religious denomination or group can question a practice of that group by filing a public interest litigation (PIL).

 

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