SC questions limits of religious freedom

ON the fifth day of hearings in the Sabarimala review pleas case, the Supreme Court’s nine-judge Constitution Bench observed that religion and freedom of conscience cannot be confined to the same scope.

- SUCHITRA KALYAN MOHANTY

Justice B V Nagarathna asked senior advocate Rajeev Dhawan whether conscience is a larger concept than religion and whether it should take on the color of religion. Justice Ahsanuddin Amanullah said that constitutional courts must rise above religious consciousness and consider a broader constitutional balance.

Dhawan argued, instead of deciding cases individually, the SC should lay down principles, as the law will affect every faith, sect and tribal religions.