Balancing Faith and Equality: Examining the Adequacy of the Doctrine of Essential Religious Practices from Gender Perspectives in India

IF 0.4 Q3 LAW
Sumit Sonkar
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引用次数: 0

Abstract

The Supreme Court of India formulated the doctrine of essential religious practices as a legal framework to protect the right to religious practice while enabling the State to implement social reforms, as provided under Article 25 of the Constitution. This article contends that although this doctrine was created to reconcile competing legal frameworks, its inconsistent and incoherent application cannot meaningfully resolve religious disputes – leaving many normative gaps. Consequently, this doctrine needs to be re-evaluated to balance religious freedom with other fundamental rights. Thus, this article assesses the doctrine of essential religious practices, its nature, scope, concerns, and criticism from gender equality perspectives.
平衡信仰与平等:从性别视角审视印度基本宗教习俗理论的适当性
印度最高法院根据《宪法》第 25 条的规定,制定了基本宗教实践理论作为法律框架,以保护宗教实践的权利,同时使国家能够实施社会改革。本文认为,虽然这一理论的创立是为了调和相互竞争的法律框架,但其不一致和不连贯的应用无法有意义地解决宗教争端--留下了许多规范性空白。因此,需要重新评估这一理论,以平衡宗教自由与其他基本权利。因此,本文从性别平等的角度评估了基本宗教实践理论、其性质、范围、关注点和批评意见。
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来源期刊
CiteScore
1.00
自引率
16.70%
发文量
9
期刊介绍: Recent years have witnessed a resurgence of religion in public life and a concomitant array of legal responses. This has led in turn to the proliferation of research and writing on the interaction of law and religion cutting across many disciplines. The Oxford Journal of Law and Religion (OJLR) will have a range of articles drawn from various sectors of the law and religion field, including: social, legal and political issues involving the relationship between law and religion in society; comparative law perspectives on the relationship between religion and state institutions; developments regarding human and constitutional rights to freedom of religion or belief; considerations of the relationship between religious and secular legal systems; and other salient areas where law and religion interact (e.g., theology, legal and political theory, legal history, philosophy, etc.). The OJLR reflects the widening scope of study concerning law and religion not only by publishing leading pieces of legal scholarship but also by complementing them with the work of historians, theologians and social scientists that is germane to a better understanding of the issues of central concern. We aim to redefine the interdependence of law, humanities, and social sciences within the widening parameters of the study of law and religion, whilst seeking to make the distinctive area of law and religion more comprehensible from both a legal and a religious perspective. We plan to capture systematically and consistently the complex dynamics of law and religion from different legal as well as religious research perspectives worldwide. The OJLR seeks leading contributions from various subdomains in the field and plans to become a world-leading journal that will help shape, build and strengthen the field as a whole.
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