Source: Indian Express

Introduction

Courts, being the temples of justice, have given several decisions on the religious beliefs of the majority in Parliament. All the decisions of the Court of Justice were backed by law but still there is criticism of judiciary for giving decisions homogenous to the religious belief of Central Government.

What are the Major Decisions of the Supreme Court on Religion-Based Questions?

• Ahmedabad St. Xaviers College v. State of Gujarat, (1974):
  • The Supreme Court held that whole object of conferring the right on the minorities under Article 30 (right of minorities to establish and administer educational institutions) is to ensure that there will be equality between the majority and the minority.
    • If the minorities do not have such special protection, they will be denied equality.
• Bijoe Emmanuel v. State of Kerala (1987):
  • SC asserted that compelling every student to sing the National Anthem, regardless of their beliefs, constitutes a clear violation of Article 19(1)(a) safeguarding the Right to Freedom of Speech and Expression, as well as Article 25(1) granting the Right to Free Conscience and the freedom to profess, practice, and propagate their chosen religion.
• Ismail Faruqui v. Union of India (1994):
  • SC considered the contentions of essential religious practices and held that namaz can be offered anywhere.
  • SC said that the Mosque is not an essential part of the practice of the religion of Islam and namaz (prayer) by Muslims can be offered anywhere, even in open. Accordingly, its acquisition is not prohibited by the provisions in the Constitution of India.
• Shafin Jahan v. Ashokan K.M. & Ors. (2018):
  • This case is also known as Hadiya case where the girl married with her partner without her parent’s will. Both of them were from different religions.
  • The SC court held that every person has right to marry with partner of choice.
• Shayara Bano v. Union of India (2017):
  • SC declared the practice of triple talaq unconstitutional, discriminatory practice against women and not an essential religious practice of religion.
• Md. Siddiqi Through LRs v. Mahant Suresh Das (2019):
  • SC in this held in the favor of Hindu community in the conflict related to Ram Janmabhoomi.
  • The court said that Sunni Central Waqf Board could not prove exclusive possession, while Hindus demonstrated possession in the outer courtyard through uninterrupted worship.
• Committee of Management Anjuman Intezamia Masajid Varanasi vs. Smt. Rakhi Singh and others (2023):
  • SC allowed the continuance of Archeological Survey of Gyanvapi Mosque in Varanasi.

Way Forward

• Several cases involving religious questions are still under consideration before the SC for example the Hijab dispute of Kerala Students.
• Mathura Krishna Janmabhoomi Case which includes religious dispute between Krishna Janmabhoomi and Shahi Idgah is under view of a Mathura Court as well as Allahabad High Court, which may be presented before Supreme Court when matter will reach to a conclusion.