Human dignity versus religious practices

Sub: Polity

Sec: Constitution

Context:

On May 17, the Madurai Bench of the Madras High Court allowed the resumption of “annadhanam” (offering free food) and “angapradakshanam” (circumambulation) at Nerur Sathguru Sadasiva Brahmendral’s final resting place on the eve of his Jeeva Samathi day.
The practice of “angapradakshanam” by rolling on plantain leaves left by devotees after eating was halted by a 2015 Division Bench order in a public interest litigation (PIL) petition.

Madras HC’s Ruling:

Justice G.R. Swaminathan reinstated the practice by invoking Article 25(1) of the Constitution, which guarantees the right to freely profess, practice, and propagate religion.
He linked the belief in deriving spiritual benefits from the practice to the right to privacy, a fundamental right under the Constitution, equating “spiritual orientation” with “gender and sexual orientation.”
The judge argued that actions should not affect the rights and freedoms of others and are protected as long as they do not cross this boundary.
He sums it up by holding that the customary practice is protected as a fundamental right under Articles 14, 19(1)(a), 19(1)(d), 21 and 25(1) of the Constitution.

Division Bench’s 2015 Order and Criticism:

The 2015 Division Bench order stopped the practice, citing violations of human dignity and the rights to equality and life under Articles 14 and 21 of the Constitution.
The Division Bench relied on a similar case from Karnataka pending in the Supreme Court, where a similar practice at the Kukke Subramanya temple was stayed in December 2014.

State’s Duty

The State has a duty to change religious and customary practices that are unhealthy, harmful, and undermine human dignity.
Instead of outright rejection, the State could educate believers through reason and rational discussions to foster a community inclined towards inquiry and humanism.

About Article 25 of Indian Constitution:

Article 25 says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion. The implications of these are:
Freedom of conscience: Inner freedom of an individual to mould his relation with God or Creatures in whatever way he desires.
- Right to profess: Declaration of one’s religious beliefs and faith openly and freely.
- Right to practice: Performance of religious worship, rituals, ceremonies, and exhibition of beliefs and ideas.
- Right to propagate: Transmission and dissemination of one’s religious beliefs to others or exposition of the tenets of one’s religion. But it does not include the right to convert another person to one’s own religion. Forcible conversions impinge on the ‘freedom of conscience’ guaranteed to all the persons alike.
Thus, Article 25 covers not only religious beliefs (doctrines) but also religious practices (rituals).
Moreover, these rights are available to all persons–citizens as well as non-citizens.
However, these rights are subject to public order, morality, health, and other provisions relating to fundamental rights.

Source: TH