Abstract
Secularism in India was imagined in cognisance of religion's entrenchment in the public life of the country as well as in people’s identities. This form of secularism was made possible within the Constitution of India through a broad framing of religious freedoms that was limited by statist concerns such as public order, morality, and health. In the face of rising majoritarianism, secular values are under serious challenge, impacting the right to religious freedom and expression. In the face of this challenge, this article assesses the judiciary’s engagement with religion on issues of discrimination against women. The article contends that the judiciary’s approach to religious adjudication does not only restrict religious freedom but also works against the attainment of the fundamental constitutional ideals of equality and nondiscrimination. It juxtaposes the Sabarimala Case (2018) and the Hijab Case (2022) to illustrate the contradictions that arise from the afore-stated judicial determination in the context of the prevailing crisis of secularism in India.
Recommended Citation
., Sukriti
(2023)
"The Paradox of Juridical Secularism: An Illustration Through the Cases of Sabarimala and Hijab,"
National Law School Journal: Vol. 17:
Iss.
2, Article 3.
DOI: 10.55496/QERK1890
Available at:
https://repository.nls.ac.in/nlsj/vol17/iss2/3
Digital Object Identifier (DOI)
10.55496/QERK1890
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