Anthropology of Essential Religious Practice Doctrine

Abstract

Indian Civilisation has guaranteed religious tolerance since time immemorial, still, the malleability of such human values often becomes a tool for manipulation. Thus, the protection of such human values and beliefs becomes imperative. Unprecedented opinions of the Supreme Court led to the emergence of Essential Religious Doctrine in the Shirur Mutt case deciding state intervention for religious endowments, and resurrection of the same was accorded in the Sabarimala case regarding the practice of restricting women entry in the Sabarimala temple. Essential Religious Practice (ERP) Doctrine segmented religion into two parts: Essential and Non-Essential practices. ERP Doctrine only gives protection to essential religious practices. It redefines the scope of state intervention for performing a gatekeeping function in the policies concerning religious matters by adding an extra restriction to Article 25 (Right to Religion) which is already subjected to public order and morality. The non-essential characters have been derived in both the above-mentioned practices for religious endowments, matrimonial affairs and restrictions on women entering the temple