The article explores how children in India are often subjected to religious coercion—both at home and in educational settings—under the guise of cultural or parental authority. Through constitutional provisions, case law, and international conventions like the UNCRC, the piece argues for a more robust legal and policy framework to uphold children's rights to autonomy, dignity, and cognitive development. It delves into issues such as Bal Diksha, the quality of education in religious institutions like madrasas and gurukuls, and the urgent need for the State to fulfil its parens patriae role. The piece also makes forward-looking recommendations to ensure that religious freedom does not come at the cost of children’s welfare.
Turning Gavels into Papal Ferula: Unravelling the essential religious practices doctrine
The article examines the Essential Religious Practices Doctrine in India, tracing its evolution, implications, and critiques. It explores how the doctrine, first derived with the intention to protect religious practices with secular and economic connotations, has evolved into an anathema for religious freedom, empowering the Court to decide people’s faith for them. Analysing its impact, the article suggests alternative approaches, emphasizing individual rights and deference to religious groups. It argues for reconsideration of the ERP doctrine due to its potential to undermine religious freedoms and the judiciary's authority, emphasizing the need for the same.
Gujarat Freedom of Religion (Amendment) Act 2021: A Critical Analysis of its Constitutional Validity
The piece analyses the recent amendments to the Gujarat Freedom of Religion Act in light of Constitutional provisions and former judicial precedents to argue that the recent amendment transgresses private rights and individual autonomy.