Human Dignity vs. Religious Practices
Kartavya Desk Staff
Syllabus: Indian Constitution: Fundamental Rights
Source: TH
Context: The Madurai Bench of the Madras High Court allowed the resumption of “annadhanam” and “angapradakshanam” at Nerur Sathguru Sadasiva Brahmendral’s resting place.
What is “annadhanam” and “angapradakshanam”?
Annadhanam is the practice of offering free food to devotees. Angapradakshanam involves circumambulation by rolling on the ground around a sacred site, in this context, rolling over plantain leaves left by other devotees after eating, is believed to confer spiritual benefits. These practices were halted in 2015 due to concerns over human dignity.
What did HC say?
• Right to Privacy and Article 25(1): Justice Swaminathan invoked these constitutional rights to reinstate the practices. Article 25(1) of the Constitution guarantees the right to freely profess, practice, and propagate religion.
• Article 25(1) of the Constitution guarantees the right to freely profess, practice, and propagate religion.
• Spiritual Orientation: Argued that the right to privacy includes spiritual orientation, similar to gender and sexual orientation.
• Communal Harmony: Highlighted that the practice at Nerur involved all devotees, regardless of caste, promoting communal harmony and social integration.
• Comparison to Supreme Court Order: Noted that the Karnataka case (which was banned by SC) involved only Brahmins’ leftovers, while at Nerur, all devotees participated.
• Communal Amity: Observed that the practice points to communal amity and social integration.
However, critics argue that such practices, rooted in superstition, conflict with human dignity and the duty to promote scientific temper and humanism.
Ethical Issues with Such Practices:
• Human Dignity: Practices like “angapradakshanam” may degrade human dignity by requiring participants to roll on leftovers.
• Health Risks: Rolling on leftover food can pose significant hygiene and health risks.
• Equality and Non-Discrimination: These practices may perpetuate social hierarchies and discrimination, violating principles of equality.
• Scientific Temper: Promoting superstitious practices conflicts with the constitutional duty to foster scientific temper, humanism, and the spirit of inquiry.
• Consent and Voluntariness: Even if voluntary, there may be social pressures that undermine genuine consent.
• Public Morality: Practices perceived as degrading or harmful may be against public order and morality.
• Cultural Relativism vs. Universalism: The conflict between respecting cultural practices and upholding universal human rights standards.
In India, personal laws govern aspects like religious rites, marriage, divorce, maintenance, and succession, among others, based on religious affiliations, despite the country’s secular nature. This pluralistic approach contrasts with the constitutional guarantee of equality under the law, creating a dual system where personal laws apply differently to individuals based on their religion. These laws have remained static and outdated, while constitutional rights have evolved to reflect modern values, leading to inevitable conflicts between the two.
Other Contemporary incidents where personal laws have conflicted with Fundamental Rights:
Incident | Conflict with Fundamental Rights | Court Ruling/Comments
Triple Talaq Case | Violated the Fundamental Right to Equality and the Right to Life and Personal Liberty under Article 21 | Declared unconstitutional by the Supreme Court in the Shayara Bano Judgement (2017)
Sabarimala Case | Gender equality and the Right to Freedom of Religion under Article 25 | Supreme Court in 2018 allowed women of all ages to enter the Sabarimala temple
Female Genital Mutilation (FGM) | Violated the Right to Life and Personal Liberty under Article 21 | Criticized and challenged for violating fundamental rights
Polygamy and Nikah Halala | Violated the right to equality | Referred to a Constitution Bench in the case of Sameena Begum vs Union of India
Uniform Civil Code Proposal | Align personal laws with Fundamental Rights, potential infringement on religious freedoms | Proposed by the government, implementation remains slow and contentious
Conclusion:
There is a significant divergence in judicial opinions regarding the applicability of Fundamental Rights to Personal Laws in India. While some judgments assert that Personal Laws are outside Article 13 and immune to challenges based on Fundamental Rights violations, a contrasting view has emerged recently, advocating for such laws to be tested against Fundamental Rights. Achieving harmony through judicial consistency is crucial.
Insta Links:
Strike a fine balance, have a just civil code
Mains Links:
Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (UPSC 2021)
Prelims Links:
Q1. Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India: ( UPSC 2012)
• Securing for citizens of India a uniform civil code
• Organising village Panchayats
• Promoting cottage industries in rural areas
• Securing for all the workers reasonable leisure and cultural opportunities
Which of the above are the Gandhian Principles that are reflected in the Directive Principles of State Policy?
(a) 1, 2 and 4 only (b) 2 and 3 only (c) 1, 3 and 4 only (d) 1, 2, 3 and 4
Ans: B