Article 25 and Gender Equality
On 14 and 15 May 2026, the Indian government told a nine-judge Supreme Court bench that Article 25(1) of the Constitution protects freedom of conscience and the right to profess, practise and propagate religion, but does not itself deal with gender equality. The bench was headed by Chief Justice of India Surya Kant, and the matter was heard over 16 days across five weeks.
Article 25 in the Constitution of India
Article 25(1) is part of Part III of the Constitution of India and guarantees freedom of conscience and the right to freely profess, practise and propagate religion. Article 25(2) permits the State to regulate or restrict secular activity associated with religious practice and to provide for social welfare and reform.
Equality Provisions and Sex Discrimination
Articles 15 and 16 of the Constitution prohibit discrimination on grounds including sex. Article 15 deals with equality and non-discrimination, while Article 16 deals with equality of opportunity in matters of public employment.
Religious Denominations and Internal Rules
The Centre stated that religious denominations may prescribe different modes of worship, beliefs and rituals for men and women under Article 25(1). The argument placed emphasis on denominational autonomy, which is a recognised constitutional concept in Indian religious freedom jurisprudence.
Important Facts for Exams
- Article 25 belongs to Part III of the Constitution of India, which contains Fundamental Rights.
- Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth.
- Article 16 guarantees equality of opportunity in public employment.
- The Sabarimala case is a major Indian constitutional case on religion and gender-related access to worship.
Judicial Review and Legislative Reform
The government argued that changes in religious practices should be decided by lawmakers through legislative deliberation. The Solicitor General also referred to the Sabarimala case while warning against repeated judicial intervention in religious matters.
Related International Position
On 7 July 2022, the UK government stated that freedom of religion or belief and gender equality are interdependent, intertwined and mutually reinforcing. That statement linked religious freedom with equality rights in public policy language.