Reconciling Individual Liberty And Religious Values Vis-A-Vis Sabrimala Issue

Md Sahjad Alam, Christ (Deemed to be University), Delhi NCR

ABSTRACT

The highest morality is to respect the moral autonomy of other persons. Religion is a multifaceted concept that gives the idea of the existence of a god and has a framework for moral code. In Modern times, this moral code conflicts with the Modern Liberal Tradition. Since its independence, India has faced the challenge of harmonizing this conflict because of its unique concept of secularism. The latest challenge the Nation faces is a conflict between the Individual Right to religion (especially dissenters) and the denomination's Right to manage its religious affairs, as observed in the Sabarimala Temple Case. In this paper, I will discuss different case laws, opinions of legal scholars, and other literature. I would critically analyze and show why the ERP test has failed to resolve the issue. Finally, I suggest a plausible solution to the problem at hand.

Keywords: Freedom of Religion, Religious Denomination, Essential Religious Practice, Sabarimala, Civil Rights, Horizontal Discrimination