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Expanding judicial review into faith matters is troubling, India's Supreme Court says

From Hindustan Times · (43m ago) English Mixed tone

Translated from English, summarized and contextualized by DistantNews.

TLDR

  • The Supreme Court of India expressed concern over the increasing judicial review of religious practices, questioning its potential to destabilize faith in India.
  • Judges noted that frequent intervention in religious matters could lead to endless theological disputes and undermine the autonomy of religious denominations.
  • The court's remarks came during a hearing on issues arising from the Sabarimala review, concerning religious freedom and excommunication practices within the Dawoodi Bohra community.

The Indian Supreme Court's recent observations on the expanding scope of judicial review in matters of faith have sparked significant discussion. While the court acknowledged the deep intertwining of faith with India's social fabric, its expressed unease highlights a delicate balance. The judiciary grapples with the potential for its interventions, however well-intentioned, to inadvertently disrupt the very traditions and practices that form a constant in Indian civilization.

This is troubling us. We, nine judges, what we lay down is for a civilisation, that is India. India must progress. Despite all its development, economy, everything, there is a constant in us -- we can’t break that constant.

— Supreme Court benchThe bench expressed its unease about the expanding reach of judicial review into religious matters.

Justices voiced concerns that constant scrutiny of religious practices could lead to endless theological debates, potentially destabilizing religious institutions. This perspective underscores a deep-seated understanding within the Indian legal and social landscape that religion is not merely a private belief but an integral part of societal structure. The court's hesitation reflects a cautious approach, recognizing that while religious freedom is a fundamental right, its interpretation and application must be sensitive to the unique cultural and historical context of India.

If everybody will start questioning certain religious practices or matters of religion before a constitutional court, then what happens to this civilisation where religion is so intimately connected with Indian society? There will be hundreds of petitions questioning this right, that right, opening of temple, closure of temple.

— Justice NagarathnaShe cautioned about the potential for endless theological disputes if courts frequently intervened in religious practices.

The specific context of the Sabarimala review and the debate around excommunication in the Dawoodi Bohra community brought these concerns to the forefront. While advocates for reform argue against excommunication as a violation of fundamental rights, the court's questioning probes the limits of judicial intervention in deeply personal and community-specific religious practices. This reflects a broader challenge in India: how to uphold individual rights without undermining the autonomy and traditions of religious communities, a conversation often viewed differently in the West where the separation of church and state is more rigidly defined.

If such cases are entertained, then everyone can question everything. Every religion will break, every constitutional court will have to be closed.

— Justice SundreshHe echoed the concern about the potential consequences of broadly entertaining challenges to religious practices.
DistantNews Editorial

Originally published by Hindustan Times in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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