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Supreme Court Flags Risk of Overreach Into Faith in Sabarimala Reference Hearings

A nine-judge bench is weighing how to balance individual rights against denominational autonomy under Articles 25 and 26.

Overview

  • The nine-judge Supreme Court bench, which warned Thursday that routine challenges to religious practices could “break” religion, pressed on with the Sabarimala reference with arguments to continue next week.
  • Petitioners challenging Dawoodi Bohra excommunication said the practice causes “civil death” by cutting people off from community spaces, burial grounds, work, and even marriage.
  • In submissions on alleged female genital mutilation in parts of the Dawoodi Bohra community, lawyers argued it violates girls’ bodily autonomy and health, and a judge noted Article 25 permits limits on religion for health.
  • Kerala’s counsel told the court that when deciding what counts as an essential religious practice, judges should rely on evidence from within the faith rather than substitute their own theology.
  • The reference arises from the 2018 Sabarimala ruling and now reexamines the ‘essential practices’ test and the reach of Articles 25 and 26, a reset that could shape disputes across multiple communities.