·The Hindu·15 marks·250–350 words

"Community autonomy in religious matters must yield to constitutional morality." Critically analyse in light of Supreme Court jurisprudence.

In this answer
  1. The case for yielding
  2. The critical counterview

Article 25(1) itself makes religious freedom subject to public order, morality, health and other Part III rights [3]. In Indian Young Lawyers Association v. State of Kerala (2018), the Court read this "morality" as constitutional morality, not popular or sectarian morality [1]. The proposition is broadly sound, yet its contours remain judicially unsettled.

The case for yielding

  • Sabarimala (2018): the exclusion of women aged 10–50 was struck down as violating Articles 14, 15 and 25; devotees of Lord Ayyappa were held not to be a separate denomination [1].
  • Textual subordination: Article 25 is an internally limited right — practice cannot defeat the equality guarantees it is expressly made subject to [3].
  • Legislative reinforcement: after the triple talaq ruling, the Muslim Women (Protection of Rights on Marriage) Act, 2019 made talaq-e-biddat void and punishable, showing the State may regulate practices harming women [4].
  • Pattern, not exception: petitions on Muslim women's entry into mosques/durgahs, Parsi women in fire temples, and female genital mutilation among Dawoodi Bohras were tagged together, indicating a cross-community principle [2].

The critical counterview

  • Article 26 protects denominational autonomy, and courts applying the essential religious practices test risk assuming a theological role — expressly framed as a referred question [2].
  • Constitutional morality is under-defined; the very meaning of "morality" was referred to a nine-judge bench in 2019, alongside whether non-members may litigate a community's practices [2].
  • Enforcement gap: judicial declarations struggle against informal clerical authority that shapes women's public participation without any state action to review.

Constitutional morality is best seen not as a blanket override but as the constant against which faith-based restrictions are tested. Reform is most durable when judicial clarity from the pending larger bench is matched by reform from within communities, so that Article 25 freedoms and Article 15 equality advance together rather than at each other's cost.

Sources

  1. 1Indian Young Lawyers Association v. State of Kerala (28 September 2018)Sabarimala verdict; constitutional morality over custom; Articles 14, 15, 25; denomination finding
  2. 2Kantaru Rajeevaru v. Indian Young Lawyers Association (14 November 2019, reference order)nine-judge reference; questions on morality, essential religious practices, Article 25–26 interplay, PIL by non-members; tagged mosque/Parsi/FGM petitions
  3. 3Article 25, Constitution of Indiareligious freedom subject to public order, morality, health and other Part III rights
  4. 4The Muslim Women (Protection of Rights on Marriage) Bill, 2019 — PRS Legislative Researchtalaq-e-biddat void and illegal; punishment up to three years

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