Answer:

The Constitution of India under Article 25 read with the preamble gives equal entitlement to all persons regarding freedom of conscience and freely professing, practicing and propagating religion. However, the Article itself subjects this freedom to other provisions of fundamental right.

Similarly, Articles 26-28 deal with the matters of religion. Article 26 allows religious denominations to determine for itself the manner in which it manages its religious affairs provided that it follows three criterion – system of belief conducive to their spiritual well-being, common organization and distinctive name. Article 15 also bars discrimination on the grounds of religion.

Thus, right to freedom of religion has to be balanced with other rights such as equality and non-discrimination prescribed under Articles 14, 15 read with Article 21 of the Constitution.

In this light, various judicial pronouncements in recent times have provided further impetus to the argument:

♤ Mumbai HC judgment removed the ban on the entry of women in Shani Shingnapur temple and Haji Ali Darga.

♤ Supreme Court 4:1 verdict, in Indian Young Lawyers Association v. State of Kerala, opened the doors of the Sabarimala temple to women of all ages who were hitherto banned from entering the temple.

♤ The Supreme Court struck down Triple Talaq on the grounds of violating right to equality and discrimination between women belonging to different communities.

♤ The Supreme Court has further ruled that the Muslim women have a right to legally adopt children, even though their personal law do not give them that right.

In these verdicts Supreme Court have stood by the women and enabled gender justice. Also, in the context of mob lynching and cow vigilantism, the apex Court observed that the State has a positive obligation to protect the fundamental rights and freedoms of all individuals irrespective of race, caste, class or religion.