In a robust defense of religious autonomy, the Central government has asserted before a nine-judge bench of the Supreme Court that Article 25(1) of the Constitution—which guarantees all persons equal freedom of conscience and the right to freely profess, practice, and propagate religion—does not encompass gender equality.
Government's Stance on Religious Freedom and Gender Equality
The Solicitor General, Tushar Mehta, presented the rejoinder to the bench led by Chief Justice of India Surya Kant. He argued that the provision does not address gender equality because Articles 15 and 16 of the Constitution already prohibit discrimination on grounds including sex.
Legal Framework and Constitutional Provisions
Article 15 prohibits the state from discriminating against any citizen on grounds of religion, race, caste, sex, or place of birth. Article 16 ensures equality of opportunity in public employment and prohibits discrimination on similar grounds.
Mehta emphasized that the framers of the Constitution deliberately separated the right to religious freedom from the right to equality, ensuring that religious practices are protected while discrimination based on sex is independently prohibited.
The submission came during hearings on a batch of petitions challenging the constitutional validity of certain religious practices that allegedly discriminate against women. The government's position suggests that any gender-based discrimination within religious institutions must be addressed through the equality provisions rather than by interpreting Article 25 as guaranteeing gender equality.
The bench is deliberating on the scope of religious freedom and its interplay with fundamental rights, including the right to equality. The outcome of this case could have significant implications for the autonomy of religious denominations and the rights of women within religious communities.
