Published Paper Details:

Religion has always been a significant part of Indian culture. Indians are exceedingly protective of their religious and traditional roots. This is why they continue to follow those religious and traditional practices which are centuries old. In recent years, modern India has witnessed various conflicts arising in the matter of the effects of these religious practices on the rights of the people in general. There are many questions regarding the origin of these practices. It has been largely observed that the practices that are followed are interpreted differently in various parts of the country. It has been evident that most of these practices are discriminatory. These practices create a clear distinction between the roles of different genders and castes. The impact of these practices has been harmful to society. The Indian Constitution awards its citizens with religious freedom, which allows the people of a particular religion some autonomy on the affairs of their respective religions. But, the discrimination and biases that are maintained through these practices violate the constitutional rights of the public. In recent years the judiciary has stepped forward on matters to decide upon the validity of certain practices for the greater good of the society. Without harming the essence of the religion, the judiciary tries to outlaw discriminatory practices. In the following paper, we get an insight into the religious freedom that is granted to the citizens. We will also know about the discriminatory nature of these practices and how the court utilizes two tests to decide upon a case where there is a clear conflict between the right to equality and religious freedom. Lastly, the paper indicates the need for judicial activism in these types of religious issues.