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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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