Karnataka Hijab Row: Verdict Of Court Questions Essence Of Article 25, Says Experts
One of the eccentricities of the continued hijab ban case is how a secular court has got to decide whether wearing a hijab is remitted by Islam. One cannot fault the Karnataka tribunal to some extent, because it is just following the ‘Essential Religious Practices Test’ laid down by the Supreme Court of India. Courts use this test to see whether a practice is crucial to the faith, so as to determine if such practice is ought to have protection under Article 25 of the constitution, which guarantees the liberty of faith. While scholars have highlighted the inconsistency of the precedents governing this test moreover because of the inappropriateness for a secular court to interpret religion, shall elaborate on why the courts or maybe the state, lack the competence to work out if a pr...
Read More