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14 NALSAR Stud. L. Rev. 20 (2020)
Uniformity in Diversity?: Reflecting on the Essential Practices Doctrine and Its Implications for Legal Pluralism

handle is hein.journals/nalsul14 and id is 33 raw text is: UNIFORMITY IN DIVERSITY?: REFLECTING ON THE ESSENTIAL PRACTICES DOCTRINE AND ITS IMPLICATIONS FOR LEGAL PLURALISM Dr. Kalindi Kokar This Article posits that the Indian courts' usage o the 'essential practices' doctrine has created a uniform understanding o religion and what is fundamental to it. This has been done by imposing an interpretation of public moraliy rooted in a human rights discourse. B reading into religion only those practices that reinforce the values o human ights as essential, courts have problematised the perceived clash between human rights and religious practices in a simplistic manner. Part I presents an overvew of the Indian jurisprudence concerning the essentialpractices doctrine. Building on such an understanding, Part II spells out the two components that courts have relied upon to determine what is fundamental to each religion. Thereater; Part III underlines the problem with courts depending on spiritual scriptures to establish the co;e facets of rigion. Part IV demonstrates the manner in w'hich the human rights discoursefloWngfrom the Constitution influences the pronouncements on essentiality and the underying consisteng that governs it. Finally, Part V reflects on the effectiveness of state laws regulating religious practices and the meaning that such regulations hold for the relationship between law and religion. * Post-Doctoral Fellow at the Centre for Policy Studies, Indian Institute of Technology (Bombay).

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