{"title":"发展新的宗教自由法理学:迈向确保妇女平等的一步","authors":"Maria Jawed, Dhanaji Mukundrao Jadhav","doi":"10.1093/ojlr/rwab021","DOIUrl":null,"url":null,"abstract":"India is a country of religious pluralism, and cultural diversity wherein religion is one of the important social institutions. Freedom of religion in India is guaranteed as a fundamental right which comprises ‘freedom to freely profess, practice and propagate religion’ within the Constitutional boundary. The Indian constitution fosters equality to all and has a broader interpretative connotation. Often, the judiciary is posed with the delicate task of settling the sensitive disputes relating to religion. The court's intervention into such practices may lead to a conflict of existing values backed by the religion or society with newly introduced values by the court. Recently, the Supreme Court in the Sabarimala Temple Entry case declared the practice of prohibiting women in their menstruating age from entering the temples as unconstitutional. The article substantiates that the case paves the way for ensuring equality for women in every sphere, including religion. It critically appraises the existing jurisprudence of religious freedom and argues the need to establish a much coherent jurisprudence based on constitutional principles. The article correlates moral, social, and religious intricacies in determining the constitutional validity of religious practices and tries to substantiate it based on developing jurisprudence of constitutional morality.","PeriodicalId":44058,"journal":{"name":"Oxford Journal of Law and Religion","volume":"6 ","pages":""},"PeriodicalIF":0.4000,"publicationDate":"2021-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Evolving a New Religious Freedom Jurisprudence: A Step Towards Ensuring Equality for Women\",\"authors\":\"Maria Jawed, Dhanaji Mukundrao Jadhav\",\"doi\":\"10.1093/ojlr/rwab021\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"India is a country of religious pluralism, and cultural diversity wherein religion is one of the important social institutions. Freedom of religion in India is guaranteed as a fundamental right which comprises ‘freedom to freely profess, practice and propagate religion’ within the Constitutional boundary. The Indian constitution fosters equality to all and has a broader interpretative connotation. Often, the judiciary is posed with the delicate task of settling the sensitive disputes relating to religion. The court's intervention into such practices may lead to a conflict of existing values backed by the religion or society with newly introduced values by the court. Recently, the Supreme Court in the Sabarimala Temple Entry case declared the practice of prohibiting women in their menstruating age from entering the temples as unconstitutional. The article substantiates that the case paves the way for ensuring equality for women in every sphere, including religion. It critically appraises the existing jurisprudence of religious freedom and argues the need to establish a much coherent jurisprudence based on constitutional principles. The article correlates moral, social, and religious intricacies in determining the constitutional validity of religious practices and tries to substantiate it based on developing jurisprudence of constitutional morality.\",\"PeriodicalId\":44058,\"journal\":{\"name\":\"Oxford Journal of Law and Religion\",\"volume\":\"6 \",\"pages\":\"\"},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2021-11-18\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Oxford Journal of Law and Religion\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/ojlr/rwab021\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Oxford Journal of Law and Religion","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/ojlr/rwab021","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
Evolving a New Religious Freedom Jurisprudence: A Step Towards Ensuring Equality for Women
India is a country of religious pluralism, and cultural diversity wherein religion is one of the important social institutions. Freedom of religion in India is guaranteed as a fundamental right which comprises ‘freedom to freely profess, practice and propagate religion’ within the Constitutional boundary. The Indian constitution fosters equality to all and has a broader interpretative connotation. Often, the judiciary is posed with the delicate task of settling the sensitive disputes relating to religion. The court's intervention into such practices may lead to a conflict of existing values backed by the religion or society with newly introduced values by the court. Recently, the Supreme Court in the Sabarimala Temple Entry case declared the practice of prohibiting women in their menstruating age from entering the temples as unconstitutional. The article substantiates that the case paves the way for ensuring equality for women in every sphere, including religion. It critically appraises the existing jurisprudence of religious freedom and argues the need to establish a much coherent jurisprudence based on constitutional principles. The article correlates moral, social, and religious intricacies in determining the constitutional validity of religious practices and tries to substantiate it based on developing jurisprudence of constitutional morality.
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.