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999 _c518996
_d518996
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100 _aSen, Sbameek
_931891
245 _aClearing the decks for the uniform civil code? An evolutionary analysis of the Supreme Court’s engagement with religious freedoms
260 _aJournal of The Indian Law Institute
300 _a62(3), Jul-Sep, 2020: p.327-341
520 _aThis 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
773 _aJournal of The Indian Law Institute
906 _aRELIGION
942 _cAR