WHAT ARE THE INGREDIENTS TO TEST THE ESSENTIAL RELIGIOUS PRACTICES? Rahul Kumar BASICS OF LAW Tue, Aug 10, 2021, at ,11:33 AM WHAT ARE THE INGREDIENTS TO TEST THE ESSENTIAL RELIGIOUS PRACTICES?INTRODUCTIONIndian population is multi-religious, people are deeply religious and devoted to their faith. Different Religions have different practices and rituals some of the practices are regional in nature. But there are some practices which are questionable for being inhuman, discriminatory or superstitious in nature like animal sacrifice, self-mortification and restriction on the entry of women in the temple.Indian Constitution provides us fundamental right under Article 25(1) it says that “Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion”. Although our Constitution makers clearly defined the line between one’s devotion and one’s delusion. But still Article 25 stands to be one of the most misinterpreted Articles of the Indian Constitution.So, the question arises do constitution allows us to follow any kind of religious practices even if they are inhuman, superstitious or discriminatory in nature? The answer to this question is given by the judiciary in their innovation known as Doctrine of essential religious practices.CONCEPT Indian Citizens have freedom of religion provided under Article 25-28 of the Indian Constitution but it is not absolute and is subject to certain restrictions. According to the restrictions only those practices which are essential/core to the religion are to be protected by the law. What is essential/core to the religion is to be decided by the judiciary. SOURCES OF DOCTRINE OF ESSENTIAL RELIGIOUS PRACTICES TEST Constitution of India (Freedom of religion) Article 25(1) guarantees to every person the freedom of conscience and the right to profess, Practice and propagate religion of his choice. But like any other fundamental right the right to freedom of religion is also not absolute and is subject certain restrictions like public order, morality and health and to the other provisions of Part 3 of the constitution.Also, under sub-clause (a) and (b) of clause (2) the state is given the authority to make laws regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus[1] Various Judicial Judgements In Acharya Jagdishwaranand Avadhuta v. Commissioner of Police, Calcutta,[2] The issue was regarding the Tandava Dance performed in public places by Anand Margis carrying human skull in one hand and lethal weapon in other. It was held that tandava dance was not an essential/core part of the said religion and hence the order under Section 144, Cr.P.C. prohibiting such procession in the interest of public order and morality was passed. It was also held that it was not violative of the rights of petitioners under Art.25 and 26 of the Constitution as only the part which was not core to the religion was held violative. In Mohd. Hanif Quareshi v. State of Bihar[3] - The issue was raised by the petitioner that sacrifice of cows on the occasion of Bakrid was an essential part of Mohammedan religion. The court rejected this argument and held that it wasn’t essential part of Mohammedan religion and hence could be prohibited by state under Clause (2) (a) of Article 25. But practices which are core/essential to the religion was allowed to continue like Rights of Sikhs to wear and carry Kirpans. Sikh were allowed to carry one Kirpan but were asked to not to carry another without a license. WHAT IS A RELIGION?The Honorable Supreme Court has defined it as- Religion is a matter of faith with individuals or communities and it is not necessarily theistic. A religion has its basis in “ a system of beliefs or doctrines which are regarded by those who profess that religion as conducive to their spiritual well-being”, “ but it will not be correct to say that religion is nothing else but a doctrine of belief. A religion may only lay down a code of ethical rules for its followers to accept, it might prescribe rituals and observances, ceremonies and modes of worship which are regarded as integral part of religion, and those forms and observances might extend even to matters of food and dress.[4] [1] Article 25 in The Constitution of India 1949[2] (1984) 4 SCC 522.[3] AIR 1958 SC 731. [4] Commr., H.R.E. v. L.t. Swamiar, AIR 1954 SC 282 at p. 290; S.P. Mittal v. Union of India, AIR 1983 SC 1.