THE RIGHT TO WORSHIP VIS-A-VIS GENDER PARITY IN INDIA

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Right to practise, profess and propagate one’s own religion is the personal choice of every citizen in India. The Constitution of India guarantees the protection of certain fundamental rights which are stated in Articles 12 to 35 and which forms Part III of the Constitution. Among them, Articles 25 and 26 are the two central Articles guaranteeing religious freedom. India’s framework of secularism reiterates that all religions are equal before the State and no religion shall be given preference over the other. In other words, the state has no religion of its own. Citizen’s freedom to preach, practice and propagate any religion of their choice thus sustains the principle of secularism in India.

A religion may not only lay down a code of ethical rules for its followers to accept, it might prescribe rituals and observances, ceremonies and modes of worship which are regarded as integral part of religion. The term ‘Religion’ has not been defined in the Constitution and it is hardly susceptible to any rigid definition. The Supreme Court has defined it in number of cases. A religion is certainly a matter of faith and is not necessarily theistic. Religion has its basis in “a system of beliefs or doctrines which are regarded by those who profess that religion as conducive to their spiritual well being”, but it would not be correct to say that religion is nothing else but a doctrine or belief. These forms and observances might even extent to matters of food and dress. Sabrimala temple issue raised an alarming situation in the State of Kerala which emphasised on the entering of women of all ages into the temple without any restriction on the existing age bars (before 10 years and after 50 years).

 

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