Article 25(1) of the Indian Constitution reads as follows:
"Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion"
When we read the above-mentioned clause in a complete sense, we clearly understand that it aims towards providing an equal access to freedom of religion for all religions. The fact that people in India live in a constitutionally formed secular environment is a clear portrayal of the reason behind the fundamental right to freedom of religion.
The reference to this provision is necessary to be made when we look at the non-secular conditions in India today. According to the Indian Express, in light of a surge in COVID-19 numbers, the Bombay high court on Wednesday, April 14, rejected the Juma Masjid Trust’s plea to allow 50 devotees to offer prayers at a time during the ongoing holy month of Ramzan.
Meanwhile, a massive gathering of around 35 lakh "devotees" celebrates Kumbh Mela for a period of 30 days ranging from April 1st to 30th. When the permission for mere 50 "devotees" in a 7000 capacitated Juma Masjid is rejected by the Bombay High Court, the huge gathering of lakhs of "devotees" taking bath in a common source of water is highly applauded.
This disparity makes it very clear that there has been a difference in the way religions are being looked at. At the same time, it is surprising that the judiciary fails to understand that the democratic population of the country is sensible enough to differentiate between logic and partiality.
The COVID-19 pandemic is a threat to all lives and hence, all religious gatherings should either be capped or prohibited equally. The Bombay High Court seems to portray itself as a much caring branch of judiciary when it comes to Muslims but doesn't seem to care much when it is about Hindu religions. Surprisingly, the negative portrayal towards Muslim gatherings seems to provide a much protective side of the judiciary which finds it necessary to peek into the Indian Constitution and exceptions to exercise of fundamental rights only in cases of Muslim religious gatherings.
No comments:
Post a Comment