Sabarimala: SC Cautions Against Challenges to Religious Practices

New Delhi: The Supreme Court on Thursday observed that indiscriminate challenges to religious practices before constitutional courts could lead to widespread litigation and impact religious continuity. A nine-judge Constitution bench headed by Chief Justice of India Surya Kant made the observation while hearing petitions on alleged discrimination against women in places of worship, including the Sabarimala Temple, and on the scope of religious freedom across faiths, including the Dawoodi Bohra community.

The bench, also comprising Justices B.V. Nagarathna, M.M. Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B. Varale, R. Mahadevan and Joymalya Bagchi, was hearing matters related to excommunication practices and constitutional protections under Articles 25 and 26.

The Central Board of the Dawoodi Bohra community has challenged a 1962 Constitution bench ruling that upheld the community’s right to excommunicate members on religious grounds, in the context of the Bombay Prevention of Excommunication Act, 1949.

Senior advocate Raju Ramachandran, appearing for reformist Dawoodi Bohras, argued that practices arising from secular or social actions cannot claim constitutional protection as matters of religion. He submitted that practices adversely affecting fundamental rights are subject to restrictions under Articles 25 and 26.

Responding to the submissions, Justice Nagarathna said that widespread judicial scrutiny of religious practices could lead to multiple petitions questioning various rituals. Justice Sundresh observed that such a trend could result in extensive litigation over religious matters.

The bench also underscored the complexity of balancing constitutional principles with religious practices in a diverse society. Ramachandran argued that constitutional values must prevail where practices conflict with fundamental rights.

The matter remains under consideration.