Locating a right to "dignity of religious denominations: the curious case of Sabarimala temple

Tiwari, Yashowardhan (2020) Locating a right to "dignity of religious denominations: the curious case of Sabarimala temple. Indian Journal of Legal Theory, 2. pp. 97-109.

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The Sabarimala episode provides a wonderful opportunity to rethink the idea of dignity in the context of religious denominations. This essay seeks to delve into the possibility of chalking out a theory for dignity of religious denominations based on the idea of communitarian dignity. Relying on Justice Sikri’s construction of ‘substantive’ or ‘communitarian dignity’ in the Aadhaar judgment, the author fuses it with noted legal theorist Jeremy Waldron’s concept of “group dignity”. Using the foregoing scholarship, the author argues for the need for a new theory of dignity of religious denominations. Justice Sikri’s postulates of intrinsic value (uniqueness and identity being a part of it), public or group autonomy, and community value form the ‘core values of human dignity’. The author argues that these postulates pave the way for making a case for religious denominations as having a dignity of their own, both ‘intrinsic’ and ‘public’. Their dignity forms a core value of their ‘identity’, and thus is inviolable. A plausible test for the ‘balancing’ of the communitarian dignity of religious denominations vis-à-vis individual dignity will be one subsumed within the essential practices’ doctrine. Upholding of the essential practices would be the touchstone for evaluation of violation of the denominations’ dignity.

Item Type: Article
Keywords: Religious dignity | Sabarimala | Temple | India
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Gena Veineithem
Date Deposited: 26 Mar 2022 11:39
Last Modified: 26 Mar 2022 11:39
Official URL: http://centreforlegaltheory.in/Mindfields_files/is...
Additional Information: The author would like to thank Mr. Anujay Shrivastava, student at Jindal Global Law School, for going through the draft of this essay and would like to acknowledge his extensive comments which helped shape it
URI: https://pure.jgu.edu.in/id/eprint/1842


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