Indian Judiciary's Struggle: Religious Freedom Vs. Equality (2018-2023)

Abstract

The Indian Constitution is supposed to balance between freedom of religion and social equality and secularism within a diverse and pluralistic society. However, the judicial interpretation on balancing both these aspects has often led to confusion, especially due to the application of the Essential Religious Practices (ERP) Test. This paper critically examines how inconsistent rulings have been passed by the Supreme Court of India, between 2018 and 2023, while adjudicating conflicts between religious freedom and equality. Through a careful analysis of landmark cases such as Indian Young Lawyers Association v. State of Kerala (Sabarimala, 2018) and Aishat Shifa v. State of Karnataka (Hijab, 2022), the paper brings to light the contradictions stemming from the ERP Test and its lack of clear standards. The paper further uncovers the shift in judicial stance on individual rights and freedom in the choice of religion and marriage, particularly in the context of Anti-Conversion laws, where Article 21 (Right to life and liberty) and the right to privacy have begun to have more importance in judicial decisions. On the basis of constitutional provisions, analysis of legal texts, precedents, ambiguity and conceptual incoherence, the ERP test is deemed to be defective, that weakens secularism and leading to uneven application of the law. The paper concludes by recommending for a nine-judge bench ruling to either reformulate or eliminate this ERP framework with a more consistent, rights-focused approach that upholds constitutional principles, Individual freedom and individual autonomy as the pillar of Indian secularism.