Clearing the decks for the uniform civil code? An evolutionary analysis of the Supreme Court’s engagement with religious freedoms
By: Sen, Sbameek
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Material type: 
BookPublisher: Journal of The Indian Law Institute Description: 62(3), Jul-Sep, 2020: p.327-341.
In:
Journal of The Indian Law InstituteSummary: This paper deals with the fast-evolving contours of the religious freedoms of individuals and denominations, and seeks to highlight how the courts have, especially in recent times, clearly indicated their intent of prioritising the values of human dignity and non-discrimination over pedantic religious norms that were hitherto sought to be immunised. In doing so, the paper looks at the evolution of the essential religious practice doctrine, the systematically shrinking space for denominational autonomies and the move towards subjection of personal laws to a Part III scrutiny. All of these phenomena, it is argued, can prove to be instrumental in the ultimate fructification of the long-cherished constitutional goal towards having a uniform code, subject to the condition that such Code has to be carefully drafted, having due regards to the specificities of different religions and our pluralistic traditions, and should not become a tool of brute homogenisation by majoritarian interests. – Reproduced
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | 62(3), Jul-Sep, 2020: p.327-341 | Available | AR126038 |
This paper deals with the fast-evolving contours of the religious freedoms of individuals and denominations, and seeks to highlight how the courts have, especially in recent times, clearly indicated their intent of prioritising the values of human dignity and non-discrimination over pedantic religious norms that were hitherto sought to be immunised. In doing so, the paper looks at the evolution of the essential religious practice doctrine, the systematically shrinking space for denominational autonomies and the move towards subjection of personal laws to a Part III scrutiny. All of these phenomena, it is argued, can prove to be instrumental in the ultimate fructification of the long-cherished constitutional goal towards having a uniform code, subject to the condition that such Code has to be carefully drafted, having due regards to the specificities of different religions and our pluralistic traditions, and should not become a tool of brute homogenisation by majoritarian interests. – Reproduced
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