Centre clarified the scope of Article
25(1) in the Supreme Court
¨ The Government of India
told a nine-judge Bench of the Supreme Court of India that Article 25(1) of the
Constitution protects freedom of conscience and the right to profess, practise,
and propagate religion.
¨
According to the Centre,
Article 25(1) is not directly related to gender equality.
¨
The Bench was headed by
Justice Surya Kant.
¨
The hearings continued
for 16 days over a period of five weeks.
¨
Article 25(1) is part of
Part III of the Constitution of India.
¨
It guarantees freedom of
conscience and the right to freely profess, practise, and propagate religion.
¨ Article 25(2) allows the
State to regulate or restrict secular activities associated with religious
practices.
¨
It also permits
provisions for social welfare and reform.
¨
Article 15 of the
Constitution prohibits discrimination on grounds including sex.
¨
Article 15 deals with
equality and non-discrimination.
¨
Article 16 ensures
equality of opportunity in matters of public employment.
¨ The Centre argued that
religious denominations can prescribe different modes of worship, belief, and
rituals for men and women under Article 25(1).
¨ The argument emphasised denominational autonomy.
¨ Denominational autonomy is a recognised constitutional concept in Indian religious freedom jurisprudence.