Q. In which of the following cases, Supreme Court of India has applied the ‘essential religious practice test’?
- Sabarimala Case
- Shayara Bano Case
- Tandav Dance Case
Choose the correct answer using the codes given below:
Answer:
1, 2 & 3
Notes:
- The Supreme Court has devised a test known as ‘essential religious practice test’ to determine what all practices are essential for religion. It originated during the ‘Shirur Mutt case’ in 1954.
- Essential religious practices mean all those practices that are fundamental to a religion and not following them would result in the change of religion itself. Further, denying the essential religious practices would violate Article 25, which talks about the freedom of conscience and free profession, practice and propagation of religion.
- The government can impinge upon essential religious practices on three grounds under Article 25(1): public order, morality or health.
- Sardar Syedna Taher Saifuddin Saheb vs the State of Bombay, 1962: A five-judge, with a majority of 4:1, upheld the right and power of the head priest of the Dawoodi Bohra community to excommunicate members. The court reiterated that essential practice is to be gathered from the texts and tenets of the religion.
- Acharya Jagadisharananda (Tandava Dance), 2004: The Supreme Court ruled that Tandava dance was not an essential practice of the Ananda Marga faith.
- Shayara Bano (Triple Talaq), 2017: The Supreme Court held that Triple Talaq was against the basic tenets of the Qur'an and violative of the Shariat. A practice merely permitted or not prohibited by religion cannot be considered an essential or positive tenet sanctioned by religion, it said.
- Sabarimala, 2018: A five-bench bench ruled that the ban on women aged 10-50 from entering the Sabarimala Temple was not an essential religious practice.