Justice Sudhanshu Dhulia’s opinion in the split verdict of the Supreme Court over the issue of wearing hijab by Muslim girl students strikes a balance between the demerits and utilities of the essential religious practices test.
Author
Sayan Mukherjee, Assistant Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
The essential religious practices test is employed by the Indian judiciary for the adjudication of matters of freedom of religion. While there is long-standing criticism of this test by legal scholars, it has its own utilities in the unique Indian social and legal context.
Justice Sudhanshu Dhulia’s opinion in the split verdict of the Supreme Court over the issue of wearing hijab by Muslim girl students strikes a balance between its demerits and its utilities. However, such a balancing approach raises its own social and legal concerns which must be addressed by the courts if it seeks to adopt Justice Dhulia’s approach.
Published in: Economic & Political Weekly
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