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Supreme Court Stresses Restraint on Faith Disputes in Sabarimala Reference

A nine-judge bench is testing how far courts can review religious practices as hearings continue next week.

Overview

  • The bench said it is one of the hardest tasks for a court to declare the beliefs of millions wrong and warned that religion cannot be hollowed out in the name of social reform.
  • Judges noted that they must rise above personal faith when deciding disputes about religious freedom and denominational practices.
  • Travancore Devaswom Board urged the court to discard the “essential religious practices” test, arguing judges should not decide what is core to a faith and that beliefs must be assessed from the community’s own view.
  • The court signaled a high bar for outsider public interest cases in religious matters, though it left room to act in extreme situations or where public order, health or morality are clearly at stake.
  • The reference frames seven questions on Articles 25 and 26, equality and judicial review, with outcomes that could shape access to temples, mosques and dargahs and redefine how courts handle faith-based rules across communities.