Religious Laws in India: Secularism, Rights, and Controversies

India is known for its secularism, which separates state affairs from religious institutions, as mandated by the Constitution's 42nd Amendment. Secularism is upheld as a fundamental constitutional principle, ensuring that religion and state politics remain distinct (S.R. Bombay v. Union of India, AIR 1994 SC 1918).

Overview of Religious Diversity: 

India accommodates diverse religious practices, including Hinduism, Islam, Christianity, Jainism, Buddhism, and Sikhism, with millions practicing various sub-divisions.

Constitutional Rights and Restrictions: 

Every citizen has the fundamental right under Article 25 to freely practice, profess, and propagate their religion. However, this right is not absolute and is subject to reasonable restrictions to maintain public order, secularism, and social welfare. Essential religious practices are protected under Articles 25 and 26.

Legal Challenges and Judicial Responses: 

Several landmark cases highlight challenges to religious practices:

• Sabarimala Case: In 2018, the Supreme Court ruled against the ban on women of menstruating age entering the Sabarimala temple, citing violations of constitutional rights (Indian Young Lawyers Association & Ors v. The State of Kerala, Writ Petition (Civil) No 373 of 2006).
• Ayodhya Case: The long-standing dispute over the Ram Janmabhoomi-Babri Masjid site was resolved in 2019 with the Supreme Court's decision to allocate the land for a Hindu temple (M Siddiq (D) Thr Lrs v. Mahant Suresh Das & Ors, Civil Appeal Nos 10866-10867 Of 2010).

Controversies and Social Impact: 

Despite constitutional guarantees, religious controversies like Sabarimala and the Hijab issue continue to spark debates on equality and religious rights. Such incidents often lead to social unrest and legal battles.