Discarding or limiting the essential religious practices test: Why the Supreme Court must be cautious?

Mukherjee, Sayan (2023) Discarding or limiting the essential religious practices test: Why the Supreme Court must be cautious? Economic and Political Weekly, 58 (30). pp. 58-64. ISSN 0012-9976

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Abstract

The essential religious practices test is employed by the Indian judiciary for the adjudication of matters of freedom of religion. While there is long-standing criticism of this test by legal scholars, it has its own utilities in the unique Indian social and legal context. Justice Sudhanshu Dhulia’s opinion in the split verdict of the Supreme Court over the issue of wearing hijab by Muslim girl students strikes a balance between its demerits and its utilities. However, such a balancing approach raises its own social and legal concerns which must be addressed by the courts if it seeks to adopt Justice Dhulia’s approach.

Item Type: Article
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 28 Oct 2023 12:45
Last Modified: 28 Oct 2023 12:45
Official URL: https://www.epw.in/journal/2023/30/special-article...
URI: https://pure.jgu.edu.in/id/eprint/6825

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