RIGHT TO WEAR RELIGIOUS CLOTHING IN PUBLIC PLACES AND THE EXCEPTIONS TO THE ESSENTIAL RELIGIOUS PRACTICE: A STUDY OF ARTICLE 25 OF THE INDIAN CONSTITUTION

AUTHOR – AAKARSH MADHU PILLAI, STUDENT AT CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – AAKARSH MADHU PILLAI, RIGHT TO WEAR RELIGIOUS CLOTHING IN PUBLIC PLACES AND THE EXCEPTIONS TO THE ESSENTIAL RELIGIOUS PRACTICE: A STUDY OF ARTICLE 25 OF THE INDIAN CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 357-362, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper investigates the legal and practical dimensions of the right to wear religious clothing in public places in India, focusing on the provisions of Article 25 of the Indian Constitution. The study explores the intricate balance between religious freedoms and state regulations, particularly in the context of exceptions to essential religious practices. Central to the analysis is the examination of the Essential Religious Practices (ERP) Test, a judicial mechanism used to determine the fundamental nature of religious practices and their protection under Articles 25 and 26 of the Constitution. Through a qualitative research approach, this paper delves into the evolution of the ERP Test through landmark court judgments, highlighting its implications for religious autonomy and state intervention. The research critically evaluates the impact of exceptions to essential religious practices on the right to wear religious clothing in public spaces, with a specific focus on recent controversies such as the hijab ban in educational institutions. By dissecting key legal and practical considerations, the study sheds light on the challenges faced by religious minorities in exercising their faith within a secular framework. Furthermore, the paper explores the constitutional framework of secularism in India, emphasizing the state’s commitment to treating all religions equally and protecting the rights of religious minorities. Drawing on significant cases like S.R. Bommai v. Union of India, the research underscores the importance of religious tolerance and equal treatment of diverse religious groups in upholding the principles of secularism. Through a comparative analysis of exemptions granted to various religious communities nationally and internationally, this study aims to provide a comprehensive understanding of the broader implications of religious freedoms and restrictions. By considering the cultural, social, and legal dimensions of religious practices, the research contributes to the ongoing discourse on individual rights, religious autonomy, and state intervention in a diverse society.

Keywords: Essential religious practices, ERP Test, secularism, religious minorities,  religious autonomy, cultural implications.