Religious freedom cannot be taken away under the guise of reform: Supreme Court

SC reiterates its stand in the Sabarimala case

New Delhi – The Supreme Court of India stated during the hearing of the Sabarimala Temple case that religious freedom cannot be violated in the name of social reform. The Court observed that the framers of the Constitution created provisions according to the needs of society, and even a nine-judge bench cannot alter them arbitrarily. It added that reforms can be considered if a demand for them emerges with public consent.

1. During the hearing, senior advocate Jaideep Gupta, appearing on behalf of the Kerala government, argued, “Essential aspects of religion cannot be removed in the name of social reform. The right to worship is important in Hindu Dharma and it exists at sacred places. Removing them would amount to violation of rights.”

2. It was argued in the Court that when the State enacts laws for social welfare, they should not be struck down on the basis of religious practices.

3. Senior advocate Sanjay Hegde, appearing on behalf of the Maharashtra Andhashraddha Nirmoolan Samiti, said that rationalists examine everything through the lens of reason. Article 51A of the Constitution speaks about promoting a scientific temper and the spirit of reform.

4. Senior advocate Menaka Guruswamy, appearing on behalf of Swami Agnivesh, said that the Constitution has left room for reform within religions. Article 26 uses the term “management” and not “control.” This makes it clear that there is a balance between the rights of religious institutions and individual freedom