An Edited Excerpt from the judgment of Indu Malhotra The issues raised in the present Writ Petition have far-reaching ramifications and implications, not only for the Sabarimala Temple in Kerala,…
Article is an excerpt from the judgment of Justice Rohinton F. Nariman in Sabrimala Case The guarantee against social exclusion based on notions of “purity and pollution” is an acknowledgment…
“Untouchability” in any form is forbidden. The operation of the words used by the Constitution cannot be confined to a particular form or manifestation of “untouchability”. The Constitution as a…
The background of Article 17 lies in protecting the dignity of those who have been victims of discrimination, prejudice and social exclusion. The Constitution has designedly left untouchability undefined. Any…
Article 17 occupies a unique position in our constitutional scheme. The Article, which prohibits a social practice, is located in the chapter on fundamental rights. The framers introduced Article 17,…
Popular notions about what is moral and what is not are transient and fleeting. Popular notions about what is or is not moral may in fact be deeply offensive to…
The chapter on Fundamental Rights encompasses the rights to (i) Equality (Articles 14 to 18); (ii) Freedom (Articles 19 to 24); (iii) Freedom of religion (Articles 25 to 28); (iv)…
Nar Hari Sastri and Ors. v. Shri Badrinath Temple Committee In one of the earliest judgments dealing with religious freedom, namely, Nar Hari Sastri and Ors. v. Shri Badrinath Temple…
Article 25 merely protects the freedom to practise rituals, ceremonies, etc. which are an integral part of a religion as observed by Supreme Court in John Vallamattom and another v.…
The term morality occurring in Article 25(1) of the Constitution cannot be viewed with a narrow lens so as to confine the sphere of definition of morality to what an…
