INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS (ISSN 2582 - 6433) - VOLUME 2 ISSUE 2 (June 2021) - INTERNATIONAL JOURNAL FOR ...
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INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS (ISSN 2582 – 6433) VOLUME 2 ISSUE 2 (June 2021) Email – editor@ijlra.com Website – www.ijlra.com 5656565656 5651
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Managing Editor of IJLRA. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of IJLRA. Though every effort has been made to ensure that the information in Volume I Issue X is accurate and appropriately cited/referenced, neither the Editorial Board nor IJLRA shall be held liable or responsible in any manner whatsever for any consequences for any action taken by anyone on the basis of information in the Journal. Copyright © International Journal for Legal Research & Analysis 1
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 EDITORIAL TEAM EDITORS Ms. Ezhiloviya S.P. Nalsar Passout Ms. Priya Singh West Bengal National University of Juridical Science Mr. Ritesh Kumar Nalsar Passout Mrs. Pooja Kothari Practicing Advocate Dr. Shweta Dhand Assistant Professor 2
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 ABOUT US INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANLAYSIS ISSN 2582-6433 is an Online Journal is Quarterly, Peer Review, Academic Journal, Published online, that seeks to provide an interactive platform for the publication of Short Articles, Long Articles, Book Review, Case Comments, Research Papers, Essay in the field of Law & Multidisciplinary issue. Our aim is to upgrade the level of interaction and discourse about contemporary issues of law. We are eager to become a highly cited academic publication, through quality contributions from students, academics, professionals from the industry, the bar and the bench. INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS ISSN 2582-6433 welcomes contributions from all legal branches, as long as the work is original, unpublished and is in consonance with the submission guidelines. 4
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 An Article on: Women Rights Violations in the Name of Religious Freedom By : Mahima Sakhlecha, NMIMS, Kirit P Mehta School of Law Table of Contents Abstract .................................................................................................................................. 6 1. Introduction ..................................................................................................................... 6 2. Research Objectives ......................................................................................................... 9 3. Analysis ......................................................................................................................... 10 4. Conclusion ..................................................................................................................... 20 5. References ..................................................................................................................... 22 5
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 Abstract Right to Equality and Right to Freedom of Religion are both categorized as Fundamental Rights by the Constitution of India. However, these rights often have differing tangents when it comes to the rights of women being suppressed in certain practices directed by religion. There are “fundamentalists” within every religion who actively resist change and believe that they should continue to follow what they already have known for years. There is often a kind of dualism within a religion that exalts women on the one hand, while demanding more rigorous displays of dedication on the other. Almost every religion has certain discrepancies toward women in some way or the other which is often explained as these religions possessing the freedom of religious practices under Articles 25 and 26. However, there have predominantly been discriminate behavior and practices which violate the right to equality, one of the Fundamental Rights under Articles 14 and 15. Religion, in India, has always been somewhat a touchy topic and riots have resulted from attempts to regulate religious practices. 1 Thus, various social evils have been practiced with little to no opposition from the law enforcers. In recent times, there has been an understanding of such evils and this is seen in landmark judgments by the Supreme Court which abolish such religious practices. There still remains a long process for differentiating misogynistic practices which are still carried on under the garb of religion. 2 Key Words: Right to Equality, Right to Freedom of Religion, Fundamental Rights, Constitution of India, Article 25, Article 26, Article 14, Article 15 1. Introduction In 2018, a nine-judge bench passed a landmark judgment on the Sabarimala case. Some petitions filed against the judgment caused the bench to review the issues brought up by the petitions. The Sabarimala review bench had proposed a seven-judge Constitutional bench to discuss the aspects of the verdict. The Chief Justice of India, instead, set up a nine-judge bench. The question before the bench was: In a scenario where two fundamental rights clashes, which should take precedence over the 1 Sharma, Arvind (1994). Religion and women. State University of New York Press. 2 Woodhead, Linda (2002). Religions in the Modern World: Traditions and Transformations 6
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 other? Articles 14 and 15 “guarantee an individual the right to equality in all matters including access to public places. Article 14 declares that the state shall not deny any person equality before the law or equal protection of laws in India. This right is available to everyone including the foreigners and even a corporation or a company.” Article 15 says “there cannot be any discrimination among citizens (not foreigners) on the grounds of religion, caste, sex, or their place of birth.” Articles 25 and 26 ensure “freedom of religion to everyone in India. Article 25 guarantees every person the freedom of conscience and gives her the right to freely profess, practice and propagate any religion. This is the fundamental right that allows even a foreigner to carry on religious missionary activities in India.” Article 26 gives the “freedom to manage religious affairs, guaranteeing individual as well as collective freedom of religion. The only restrictions to the right to religious freedom are public order, morality, and health. There is no mention of this right being subject to provisions relating to other fundamental rights.” Basically, Articles 14 and 15 which guarantee the Right to Equality clashed with Articles 25 and 26, especially 26, which guarantees Right to Freedom of Religion. 3 According to Atul Kumar,4 a Supreme Court lawyer, “If you go by pure jurisprudence, then the right to religious freedom should take precedence over the right to equality, However, no rights as guaranteed in Part III of the Constitution is absolute. They are rather subject to reasonable restrictions and they are inter-dependent also, and therefore we need interpretations of these Articles in the given context." "In plain reading of the Articles may look like competing with and conflicting to each other, but in reality, in its deeper understanding and interpretation, they supplement each other. Right to religious freedom is more fundamental and emanates from right to equality too-equal protection of law. Religion gave birth to the ethics which further developed as rules and with passage of time found their way into the constitution of respective countries. Religious freedom is most basic 3 https://indiankanoon.org/doc/631708/ 4 https://www.indiatoday.in/news-analysis/story/key-question-before-sabarimala-review-hearing-right-to-equality- versus-religious-freedom-1636498-2020-01-13 7
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 in historical context than the principle of equality." But does it also mean that if genital mutilation is found to be part of religious belief system of Bohra Muslims, the practice would be granted protection under the law? Among the issues - besides entry of women of all groups into the Sabarimala temple; the issue of female genital mutilation of women from Bohra Muslim communities, restricted access to the mosques by Muslim women, similarly, no entry for Parsi women into ‘agyaries’ or fire temples5 have been pending before the SC. The Supreme Court has historically, provided religious freedom to individuals to practice their distinct religious rituals thus syncing with the word “Secular” present in the Preamble. In the case of a verdict of 1955, the SC opined that women should be allowed to become a “pujari”- a Hindu priest- however, the right did not extend toward practice of sacred rituals by the female pujari.6 Some years later, in another well-known case, a Parsi woman, Goolrukh Gupta, who married outside her caste lost her status as a Parsi, when the Parsi Trust asserted that a Parsi woman loses her Parsi status if she marries a non-Parsi man. This judgment passed in 2013 was met with criticism by the public as the same rules are not applied to Parsi men by the Trust, which violates right to equality. However, some progress has been made in recent times. 7 For example, in 2016, SC opened the sanctum sanctorum area of the Haji Ali Dargah to women which was until then prohibited for women on grounds of religious freedom under Article 26. Similarly, the abolition of triple talaq in 2017 set new bars for equality in religious practices. And the Sabarimala case8, which 5 Liljeström, Marianne; Paasonen, Susanna (2010-03-08). Working with Affect in Feminist Readings: Disturbing Differences. Routledge. 6 https://www.nationalheraldindia.com/opinion/violence-against-women-and-religious-fundamentalism 7 Woodhead, Linda (2002). Religions in the Modern World: Traditions and Transformations. Psychology Press 8 https://www.thehindu.com/opinion/open-page/denying-women-their-freedoms/article29477036.ece 8
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 gained nationwide interest, was a landmark point in the struggle for women’s rights when the temple was opened up for women of all ages as opposed to when women between 10-50 years the phase where a woman menstruates, were not allowed entry into the temple. The case has been out up for 50 review petitions which opposes the judgment of the court and insists that Articles 25 and 26 should take precedence over 14 and 15. 9 This raises a fundamental question: Should right to equality be allowed to be quashed under the guise of right to religious freedom? 2. Research Objectives To identify the fine line between the right to freedom of religion and the right to equality. To understand violation of right to gender equality in certain religious practices. To analyze landmark judgments and case laws of the same. 9 https://blog.ipleaders.in/freedom-of-religion-under-the-indian-constitution-2/ 9
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 Analysis 2.1 Relevant Articles Article 25 In Ratilal Panachand Gandhi v. State of Bombay, the Supreme Court stated that Article 25 “guarantees every person (not only citizens) the freedom of conscience and right to freely profess, practice and propagate religion imposed with certain restrictions by the State. These restrictions are: 1) Public order, morality and health and other provisions of the Constitution (Clause 1 of Article 25). 2) Laws relating to or restricting any economic, financial, political, or other secular activities associated with religious practices. (Clause 2(a) of Article 25). 3) Social welfare and reform that might interfere with religious practices. Article 26 Article 26 guarantees the following rights to a religious denomination with subject to public order, morality, and health: 1) To establish and maintain institutions for religious and charitable purposes. 2) To manage its own affairs in matters of religion. 3) To own, acquire and administer both movable and immovable property in accordance with law. Article 14 Article 14 guarantees the Fundamental Right to Equality before Law that is, equal protection of laws in India. Article 15 1 0
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth. However, Article 15(3) empowers state to make any special provision for women and children.” 2.2 Landmark Judgments Landmark Judicial Pronouncements on The Freedom to Practice Religion: Bijoe Emmanuel and Ors v. State of Kerala 10 In this particular case, three students who belonged to Jehovah’s Witness Sect refused to sing the national anthem of India explaining that it violates the basic tenets of their religion. They were threatened with expulsion from the school. The matter was brought into court where the Court adjudged against expulsion of said students claiming that it was violative of their fundamental right to freedom of religion. Jagdishwaranand v. Commissioner of Police, Calcutta11 This case considered whether performing Tandav on streets was an essential practice of Anand Marga Religion. It concluded that Ananda Marga was not a standalone religion but a religious domination. Subsequently, it was held that performing Tandava on streets is not an essential practice of the religion. M. Ismail Fariqui v. Union of India12 In this, the Supreme Court held that a Muslim need not pray only in the mosque; namaz could be offered anywhere they want. Raja Birakishore v. State of Orissa 13 The validity of the Jagganath Temple Act, 1955 was challenged on account of being violative of Article 26 as it enabled the managing of the affairs of the temple. It was held that the same did not violate Article 26 as this Act allowed the inspection of the secular aspect of the seva puja which was not deemed unconstitutional. 10 1987 AIR 748, 1986 SCR (3) 518 11 1984 AIR 512, 1984 SCR (1) 447 12 AIR 1995 SC 605 A 13 1964 AIR 1501, 1964 SCR (7) 32 1 1
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 The Dargah Committee, Ajmer v. Syed Hussain Ali and Ors 14 It was contended that the Dargah Khwaja Saheb Act, 1955 violated Articles 25 and 26 by providing the Hanafi Muslims the opportunity to become members of the Committee and not the Chisti sect of Muslims. The court opined that although the Chisti sect was a religious denomination, it cannot be said to violate Articles 25, 26 as the Chisti sect never possessed the right to manage a Dargah endowment. 2.2.1 Sabarimala Judgment In 2017, a PIL was filed under Article 32 by petitioners challenging the lack of entry for women between the ages of 10 and 50 in the Sabarimala temple. A constitutional bench was set up in 2018 which declared the practice to be unconstitutional and discriminatory toward women. They held that followers of Lord Ayyappa were to be categorized as Hindus only and this was not an essential practice of the religion. Since the inception of Articles 25 and 26, the power to decide whether a practice was essential to the religion or not rests with the courts only. The Sabarimala judgment showed the court taking a stand against practices which are misogynistic, demeaning, and arbitrary. These practices were formulated in earlier times but have no place in these times for their regressive and outdated mentality which does not keep up with modern times. For example: The court in The Sabarimala case found the practice of women in their menstruating phase being considered impure as having no ground of reasonability. Though the Sabarimala judgment, the court opened a pandora’s box for deciding on cases in which certain religious practices are misogynistic and have no actual significance for the particular religion. 14 1961 AIR 1402, 1962 SCR (1) 383 1 2
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 2.3 Concept of Constitutional Morality Earlier, the concept of morality was restricted to the behavior of society or in other words ‘societal morality’. In recent times, the concept of morality has been taken up by the courts and judgments are passed by applying said morality. This practice is termed as ‘Constitutional Morality’. It is a newly formed term which indicates that the judiciary has or assumes too much power when deciding on cases of a sensitive nature. The notion is the courts have excessive powers when deciding on a case. However, when it comes to cases of this nature, the judiciary is obliged to decide them with a sense of morality. Religions cannot be allowed to carry on regressive and outdated practices in the name of tradition which date back hundreds of years. 15 It remains upon the court, therefore, to decide the practices which are considered as religious but in reality, view females as inferior and have practices which exemplify this psyche. The Sabarimala verdict, the striking down of Section 377, abolition of triple talaq are cases where court has taken upon itself to rectify discrimination practices and pass judgments that keep up with the times.16 In such cases, Constitutional Morality is not an option but a necessity. 15 Sharma, Arvind (1994-01-01). Today's Woman in World Religions. SUNY Press. 16 Sharma, Arvind, ed. (2002). Women in Indian religions. New Delhi: Oxford University Press. 1 3
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 2.4 Practices Essential to a Religion The Courts have an obligation to not interfere in practices which, in its opinion are an essential part of a religion. This has been applied by courts in various cases where the question of the validity of a religious practice has come up before the court. Article 25 only protect those practices which are integral parts of a religion. It is the duty of the court to decide whether a practice is an essential practice or not depending on the evidence formulated by the conscience of the community and the tenets of the religion. Some of the religious practices which were held essential by the Court: 1) In Mohd. Hanif Qureshi v. State of Bihar: In Hinduism, worshipping or idolizing of an image or idol was held to be an essential practice. 2) In Sarwar Husain v. Addl. Judge: Muslims offering namaaz at a public mosque were deemed essential. Some of the religious practices which were held not essential by the Court: 1) In Qureshi: The sacrificing of a cow in Islam. 2) In Sarup Singh Sardar v. State of Punjab: The right to appoint members and form a committee for the proper administration of a Gurudwara property among Sikhs. 3) In Lily Thomas v. Union of India: A Hindu male marrying again after conversion to another religion while the first spouse is alive. 4) In Nirmal Kumar Sikdar v. Chief Electoral Officer: Prohibition in taking photographs of a female for electoral reasons in Islam. 1 4
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 2.5 The Problem of ‘Love Jihad’ Uttar Pradesh Chief Minister Shri Yogi Adityanath recently proposed legislation that those engaging in “love jihad” should die. The idea made by the term ‘love jihad’ is that “innocent”, “gullible” Hindu women are deceived into marriage with Muslim men and forced to convert to Islam. Shri Adityanath’s statement suggests that the state believes that it has the right to step in to shield the woman and respect the Indian tradition of marrying within one’s own community. These ways deny women their constitutionally guaranteed right to social justice, freedom of thought, expression, trust, faith and worship, and equality of status. India is a signatory to the United Nations Convention on the Rights of the Child (Office of the High Commissioner, United Nations Human Rights Commission, 1989) that stands for “free and full choice” in decisions on when and whom to marry, and these legislations also show that we do not honor this commitment. Persisting patriarchal gender customs underlie both honor killings and “love jihad”. Girls and young women continue to be perceived as powerless of making decisions and in need of relentless policing. Marriage continues to be perceived as an alliance between families and not an affiliation between two individuals. A large part of residents in these homes were girls and young women whose parents had used legal mechanisms to break a consensual marriage, both among under-age and adult girls. An under-age resident reported: “I used to talk to a boy on a regular basis. I told my brother that this is the boy I wish to marry. My brother told me that it is not possible, because it is a Hindu-Muslim issue…. One day, I saw that they were planning my marriage. So, I told my father about my affair; he was furious. I then told this to the boy, and he asked me what I wanted. I asked him to take me with him, anywhere. He agreed, and the next day we left. Later we received a phone call from my sister-in-law saying 1 5
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 that a case had been filed against my husband…. She told us, ‘Your father-in-law has been arrested by the police, so come back here please.’ We went back and surrendered, and I was sent to the short stay home. My husband is in prison.” 2.6 Major Religions’ Attitude toward Women Christianity A more patriarchal system of Christianity sets a mould for women to adhere to and limits their liberty in the church.17 According to such interpretations of the Christian Bible, wives are expected to be compliant in many ways. They are asked not only to be submissive to their husbands but to the church, their community, and God. "At the head of every household is a man; at the head of a man is Christ, and the head of every woman is a man, and the head of Christ is God." Wives are seen as second in the family home, only to that of their husbands. Although many voices within Christianity acknowledge equality for all and says women and men were created equally, as shown throughout history women have been subject to the patriarchy that is entrenched in the religion in some places and expressions. “In the midst of the Greek, Roman, and Jewish cultures, which viewed women almost on the level of possessions, Jesus showed love and respect for women.” As expressed in the preceding quote, Jesus Christ professed equality and Christianity does express and celebrate equality. It is the patriarchy of society that has prejudiced Christianity and put men in positions of power. Though women have played a dynamic role in the church, as expressed by the Acts and many others, none have ever been permitted a position of leadership. 18 Judaism The role of women in Judaism is based on the interpretations of the Hebrew Bible, by tradition 17 "What Does the Bible Say About Virtuous Woman?". www.openbible.info. 18 "The Role of Women". www.gracechurch.org. 1 6
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 and by cultural practices carried out through ages of history. Whereas in ancient literature and texts, God was supposed to be a mixture of male and female 19, modern culture conveniently started to represent God as He/Him. However, women have been regarded as strong figures in Judaism. They are considered to be influential, powerful, and dynamic. Although women were limited to the household in earlier stages, more and more Jewish women are seen taking up positions of power.20 In 1972, Sally Priesand became the first woman ordained as a rabbi in the Reform domination. Women in the Reform, Conservative, Reconstructionist and Renewal dominations are now enabled to head them, read from the Torah, and give drashes(sermons) to people. 21 Islam Islam is a monotheistic religion founded by the Prophet Muhammad in the early seventh century. The teaching of Islam is embodied in the sacred text ‘Quran’ and ‘Hadith’. Islam gave recognition to rights of women which were not present in those times according to the wishes of Allah and the Prophet Muhammad. The three things of importance which Islam gave to women were rights to marriage, inheritance, and divorce. However, misled interpretations of the holy text led to discriminatory practices against women 19 Genesis. The Hebrew Bible. London: Cassell. 20 Wenger, Beth (1989). "Jewish Women and Voluntarism: Beyond the Myth of Enablers". American Jewish History 21 Zucker, David. "Women Rabbis: A Novel Idea" 1 7
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 such as polygamy, restrictions on praying in public, the restriction of praying during menstruation wherein they are considered ‘impure’. The Muslim community or the ummah along with sharia law and Islamic scriptures-controlled aspects of the lives of women including education, right to inheritance, dress, public appearance, domestic ‘duties’22, age of marriage, freedom to consent to marriage, mahr, acceptability of birth control, sex before marriage, property rights aside from her husband and when salat (prayers) are obligatory for her. 23 Hinduism Hinduism is known for its female goddesses which demonstrate powers even greater than men such as powers of creation, preservation and destruction which is possessed by Kali Ma24(Dark Mother). Like Islam, it has been noted that the notion of inferiority of women was invented by man as was the practices which discriminate against women 25. The notion of menstruation making a woman impure is present in Hinduism as well. Hindu Women are characteristically expected to be dutiful, obedient, and submissive toward men. 26Also expected to sacrifice their goals and take care of the household and tend to their family’s requirements. The rituals in a Hindu marriage are highly susceptible to criticism. For 22 "Women." In the Islamic World: Past and Present. Ed. John L. Esposito. Oxford Islamic Studies Online. 23 Dunn, S. & Kellison, R. B. "At the Intersection of Scripture and Law: Qur'an 4:34 and Violence against Women." Journal of Feminist Studies in Religion 24 "Kali Ma | Hindu Goddess". The Mystica. 25 Patnaik, Devdutt. "Here is what they don't tell you about feminism and sexuality in Hindu mythology". Quartz India. 26 Basharat, Tahira (July–December 2009). "The Contemporary Hindu Women of India: An Overview" (PDF). A Research Journal of South Asian Studies. 1 8
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 example: the ritual of ‘kanyadaan’ encapsulates women as objects being transferred to the husband by their father. Also seen are only male priests performing the ceremony since ages. These practices seem to be developing wherein these rituals are discarded in favor of more progressive ways. According to Sikhism, women and men are two sides of the same coin. The founder of Sikhism, Guru Nanak reportedly stated in 1499 that “It is a woman who keeps the race going” and we should not consider women “cursed and condemned as they are born leaders and rulers.”27 However, in reality gender equality among the Sikhs has been prevalent. At the time of the Guru, women were considered lowly in society, a mere property for entertainment and child rearing, seducers who enraptured and distracted men on their path of spirituality, meant for serving at the pleasure of man. Men were allowed polygamy, women were prevented from marrying including widows; instead, encouraged to burn themselves at the funeral pyre of their husbands, child marriages and female infanticide were prevalent as was the practice of purdah(veils). Many Hindu women were captured as slaves and sold in foreign countries. 27 "Sri Guru Granth Sahib – A brief history | Islam Ahmadiyya". www.alislam.org. 1 9
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 3. Conclusion The study of women and religion typically examines the role of women and their roles within particular religious faiths, and religious doctrines relating to gender, gender roles, and particular women in religious history. There needs to be a distinction between essential practices of a religion and outdated practices which put a restriction on the basic human right to equal treatment. The Sabarimala Judgment was a shining example of scrapping of religious practices which promote unreasonable and illogical practices under years of tradition which do not age well with the current times. The new Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020 violates the constitutional guarantee of equality because making religious conversions the sole ground for terming the marriage as void or for imposing the onerous requirements that parties in an inter-faith marriage have to obey with such as giving prior notice of conversion and a post- conversion notice of declaration is discriminating on the ground of religion. Equality guaranteed in the Constitution demand that all persons have equal protection of the law under Article 14. This goes together with the guarantee of non-discrimination under Article 15 which mandates that the state shall not discriminate against any citizen on the basis only of religion, race, caste, sex, place of birth or any of them. Imposing such restrictions on marriage only on the ground of religion is discriminatory and a violation of the right to equality for all. 2 0
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 “Triple talaq” was another practice which was abundantly irrational and discriminatory toward women wherein saying the word talaq thrice by the husband was enough for the termination of a marriage. The judgments passed by SC in recent cases shows how far Indian Judiciary has come in recognizing and distinguishing between ‘religion’ and ‘equality.’ Unfortunately, some practices denigrating women rights continue to happen in the country where social convention is the norm. Change in the mindset of orthodox people is key to changing the scenario currently present in India. On one hand, certain religions worship women as goddesses and ironically expect them to be submissive, meek, and subservient which casts a doubt at the way Indian society is supposedly progressing today. To close the gender gap, strengthen economies and empower women, it is imperative that religious freedom become a factor that is taken seriously and acted upon. 2 1
www.ijlra.com Volume 2 Issue 2 | June 2021 ISSN: 2582-6433 4. References Books: Women and Religious Freedom: Synergies and Opportunities Author/(s): Nazila Ghanea-Hercock Publisher: Government Printing Office, 2017 Religion and Personal Law in Secular India: A Call to Judgment Author/(s): Gerald James Larson Publisher: Indiana University Press, 2001 Religion and Women Author/(s): Arvind Sharma, Birks Professor of Comparative Religion Publisher: SUNY Press, 1994 Websites: http://www.womenlawsindia.com/legal-awareness/women-rights-in-india/ https://www.indiatoday.in/news-analysis/story/key-question-before-sabarimala-review-hearing- right-to-equality-versus-religious-freedom-1636498-2020-01-13 https://www.nationalheraldindia.com/opinion/violence-against-women-and-religious- fundamentalism https://blog.ipleaders.in/freedom-of-religion-under-the-indian-constitution-2/ https://www.bbc.com/news/world-asia-india-45652182 https://www.theguardian.com/commentisfree/2018/apr/27/india-abuse-women-human-rights- rape-girls https://scroll.in/article/978724/to-fight-the-love-jihad-bogey-india-must-educated-its-girls-about- their-rights https://www.thehindu.com/opinion/open-page/denying-women-their- freedoms/article29477036.ece 2 2
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