Balancing Faith and Equality: Examining the Adequacy of the Doctrine of Essential Religious Practices from Gender Perspectives in India

Abstract

The Supreme Court of India formulated the doctrine of essential religious practices as a legal framework to protect the right to religious practice while enabling the State to implement social reforms, as provided under Article 25 of the Constitution. This article contends that although this doctrine was created to reconcile competing legal frameworks, its inconsistent and incoherent application cannot meaningfully resolve religious disputes – leaving many normative gaps. Consequently, this doctrine needs to be re-evaluated to balance religious freedom with other fundamental rights. Thus, this article assesses the doctrine of essential religious practices, its nature, scope, concerns, and criticism from gender equality perspectives.