‘Challenging every religious practice in court isn’t right’:SC says such petitions will lead to hundreds of cases affect religion

The Supreme Court said on Thursday that if people start challenging religious practices and matters of religion in the constitutional court, it could affect religion and civilisation. The Court said that this would lead to hundreds of petitions, and every religious custom would be questioned. This remark was made by a nine-judge Constitution Bench, which is hearing cases related to the discrimination against women at religious places. This includes the case related to the Sabarimala temple in Kerala and the case of the Dawoodi Bohra community. The Supreme Court had on Wednesday questioned the validity of a 40-year-old public interest litigation (PIL). 7 questions being debated Justice Nagaratna said that if every person questions religious practices, it will affect Indian society, as religion is deeply connected to it. She said, every right will be questioned, even cases related to temples opening or closing will come to court. Justice MM Sundresh said that if such disputes are continuously allowed, every person will question everything. He said that this could break religions and also affect constitutional courts. The case is related to the Dawoodi Bohra community This case is related to the Dawoodi Bohra community. The central board of the community filed a public interest litigation in 1986, challenging the 1962 judgment. That judgment had repealed the Bombay Prevention of Excommunication Act, 1949. Under this law, excommunicating a member from the community was illegal. The 1962 judgment stated that excommunicating a member from the community on religious grounds is part of the management of the community’s religious affairs. Therefore, the 1949 law violates the rights granted under Article 26(b) of the Constitution. Where and how to raise questions on religious practices Senior advocate Raju Ramachandran, on behalf of the reformist Dawoodi Bohra group, argued in court that if a practice is related to social or private reasons, it should not receive religious protection under Articles 25 and 26 of the Constitution. He stated that any practice that negatively impacts fundamental rights can be restricted. On this, Justice Nagarathna said that it is important to decide where and how questions about religious practices should be raised – whether it should be within the community or if the state or court should intervene.
She said that India’s identity comes from its diversity and civilization, and religion is a permanent element in it. Breaking it would not be right. Sabarimala case heard from April 7 The hearing on the Sabarimala temple case began on April 7. During this, the central government argued against the entry of women. The government had said that men’s entry is also banned in many goddess temples in the country, so religious traditions should be respected. ​