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Current AffairsPolity & Governance

Any casteist exclusion cannot be part of religion, says Supreme Court

Wednesday, 6 May 20267 min read1,373 words29

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Polity & GovernanceDeep Analysisrights issuesconstitutional frameworkjudiciarysocial justice

In this article

ContextBackground & Historical EvolutionKey Points & FactsMulti-Dimensional AnalysisWay Forward

Context

The Supreme Court of India, on May 5, 2026, delivered significant oral observations in the Goolrokh Gupta case, declaring that any practice excluding people on the basis of caste cannot be termed a religious practice. Justice B.V. Nagarathna, sitting on a nine-judge Constitution Bench headed by Chief Justice of India Surya Kant, stated that Article 25 of the Constitution recognizes the inalienable freedom of conscience for all and enables the state to make laws ending casteist practices in the name of religion.

The case concerns Goolrokh Gupta, a Parsi woman who was barred from entering the fire temple (Agiari) in Valsad, Gujarat, after marrying Mahipal Gupta, a Hindu man, under the Special Marriage Act, 1954. The Gujarat High Court had, on March 23, 2012, ruled that she ceased to be a Parsi following her inter-faith marriage. Senior advocate Darius J. Khambata, representing Gupta, argued that such exclusion violated her fundamental rights under the Constitution. The case has been tagged with the Sabarimala review petitions and is being heard by the Constitution Bench, elevating its significance as a landmark case on religious practices and constitutional rights.

Background & Historical Evolution

The journey of Goolrokh Gupta's case began in 2012 when the Gujarat High Court ruled that she ceased to be a Parsi after marrying a Hindu under the Special Marriage Act. The Valsad Parsi Anjuman Trust, which opposed her entry to the Agiari, submitted affidavits from at least seven Parsi priests stating that religious tenets dictated that she could no longer be considered a Zoroastrian upon marriage to a Hindu and could not offer prayers in a Zoroastrian place of worship. The Special Marriage Act, 1954 was enacted to provide a civil form of marriage for Indian citizens irrespective of faith, allowing individuals from different religions to marry without renouncing their own faith. This framework became relevant when Gupta married under its provisions. Article 25 of the Constitution guarantees freedom of conscience and free profession, practice, and propagation of religion. However, it is subject to public order, morality, and health, and enables state regulation of secular activities associated with religious practices.

The matter was first heard by the Supreme Court in 2017, where Gupta argued that denial of her rights to observe her religion merely because she married outside her faith violated her fundamental rights under Article 25. The matter was then referred to a larger Bench and has now been tagged with the Sabarimala case (which dealt with entry of women of reproductive age into the Sabarimala temple), suggesting broader constitutional questions about gender discrimination and religious exclusion are being examined together.

Key Points & Facts

  • Case Details: Goolrokh Gupta vs. Valsad Parsi Anjoman Trust; referred to nine-judge Constitution Bench headed by CJI Surya Kant
  • Key Observation by Justice B.V. Nagarathna: "Any practice which is casteist cannot be termed a religious practice. A religious practice cannot extend to the exclusion of certain castes."
  • Constitutional Basis Invoked: Article 25 - recognizes inalienable freedom of conscience for all; enables state to make laws to end casteist practices in name of religion
  • Legal Argument - Doctrine of Coverture: Senior advocate Darius J. Khambata challenged this common law doctrine which holds that a woman's identity and legal rights merge with her husband upon marriage, arguing it was violative of fundamental rights and not recognized by the Indian Constitution
  • Gender Discrimination Noted: Justice Nagarathna observed "marriage is the basis for discrimination and only via the lady" — highlighting that Parsi men marrying out are not similarly excluded, while women face "excommunication"
  • Current Statistics Cited: Approximately 50% of Parsi youth (men and women) are inter-marrying, according to Khambata
  • Gujarat High Court Ruling (March 23, 2012): Held that Goolrokh Adi Contractor ceased to be a Parsi after her marriage to Hindu Mahipal Gupta under Special Marriage Act provisions
  • Petitioner's Argument: Woman's identity is not merged with husband's on marriage; denial of religious rights violates Article 25

Multi-Dimensional Analysis

Political & Constitutional Dimensions:

The government's position, as reflected through judicial pronouncements, upholds that religious practices cannot extend to caste-based exclusion. Justice Nagarathna's observation that "Article 25 recognizes the inalienable freedom of conscience of one and all" establishes a clear constitutional framework where personal religious rights cannot override fundamental rights guarantees. The tagging with Sabarimala case suggests the Bench may examine broader questions of religious exclusion based on gender and identity.

Opposition and conservative religious groups may argue that internal religious affairs should be governed by religious tenets rather than constitutional interpretation. They might contend that communities have the autonomy to determine membership criteria based on their faith traditions.

The Constitution Bench's composition (nine judges) signals the gravity of the issue, as such Benches are typically constituted for questions of fundamental constitutional importance affecting the basic structure of the Constitution.

Economic & Financial Impact:

The implications for religious institutions are notable. Parsi fire temples (Agiari) rely on community participation for maintenance and continuity. If exclusionary practices are struck down, there could be broader community inclusion.

The shrinking Parsi population (intermarriage rate of ~50% suggests demographic pressures) means that strict exclusion policies may accelerate community decline. Khambata's observation that such restrictions "did not bode well for a faith which was dying" reflects economic sustainability concerns alongside human rights arguments.

Social Dimensions:

The case highlights entrenched gender discrimination within religious communities. The observation that Parsi men marrying out are not shown the door while women are "outed" exposes a double standard rooted in patriarchal traditions. The Doctrine of Coverture, which legal scholars note originated in English common law to subordinate women's legal identity to their husbands, represents a colonial-era construct that is fundamentally incompatible with modern constitutional rights.

Equity considerations arise: if the Constitution guarantees equality, can religious communities discriminate based on marriage choices? The Supreme Court's characterization of the prohibition as "excommunication" suggests it views the practice as punitive rather than protective of religious identity.

Governance & Administrative Aspects:

Implementation challenges exist if the Court rules against exclusionary practices. Religious trusts managing temples may need to revise entry norms. Courts may face difficulties in enforcing compliance if religious communities resist.

Federalism implications arise as religious institutions often operate under state-level trust laws. Coordination between judicial orders and state-level trust regulations may be required.

Institutional capacity of religious bodies to self-govern while respecting constitutional rights will be tested. The balance between community autonomy and constitutional compliance remains delicate.

International Perspective:

Globally, many jurisdictions have moved toward eliminating discrimination in religious institutions. The European Court of Human Rights has held that state neutrality requires religious communities to conform to anti-discrimination norms. India's position as a secular state where the Constitution supersedes religious practices aligns with international trends toward ensuring fundamental rights prevail over community customs.

Way Forward

Short-Term Measures:

  • The Constitution Bench should deliver a comprehensive judgment clarifying the scope of Article 25 vis-à-vis gender-discriminatory religious practices
  • Religious trusts should be given reasonable timeframes to amend their admission rules to comply with constitutional principles
  • Awareness campaigns by the government can educate religious communities about constitutional provisions without coercion

Medium-Term Reforms:

  • The Law Commission of India could examine and recommend amendments to personal laws that contain gender-discriminatory provisions
  • Model guidelines for religious trusts (similar to those for waqf boards) could be developed ensuring compliance with fundamental rights
  • Judicial training programs for handling such matters can be strengthened to ensure consistent interpretation

Long-Term Vision:

  • A comprehensive review of personal laws affecting religious communities' membership criteria, ensuring they align with constitutional equality provisions
  • International best practices from Canada (where courts have held religious institutions to anti-discrimination standards) could inform Indian jurisprudence
  • Community-led reforms should be encouraged, recognizing that genuine change comes from within The S.R. Raghavan Committee (on marriage laws) and various Law Commission reports have addressed personal law reform. The Supreme Court's approach in Shayara Bano (triple talaq) case, where it struck down instant triple talaq as unconstitutional, provides a precedent for judicial intervention in matters of religious practice affecting fundamental rights. Similarly, the Navtej Singh Johar judgment (decriminalizing Section 377) established that constitutional morality must prevail over social morality.

The balance must be struck between preserving religious autonomy and ensuring that practices within religious communities conform to the Constitution's guarantee of equality and dignity for all citizens.

What can be asked in exam?

  • •Prelims angle: Article 25 of the Constitution guarantees freedom of conscience and free profession, practice, and propagation of religion, subject to public order, morality, and health
  • •Prelims angle: The Special Marriage Act, 1954 provides a civil form of marriage for Indian citizens irrespective of faith
  • •Prelims angle: The Doctrine of Coverture holds that a woman's legal identity merges with her husband upon marriage — it is not recognized by the Indian Constitution
  • •Mains angle: Examine the tension between Article 25 (freedom of religion) and Article 14 (right to equality) in the context of gender-discriminatory religious practices. How does the 'basic structure' doctrine inform this balance? (GS-II, 250 words)
  • •Mains angle: Discuss the constitutional validity of the Doctrine of Coverture in light of the provisions of Part III of the Constitution. Does personal law autonomy supersede fundamental rights? (GS-II, 250 words)

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Direction / Passage

Genetic engineering, a revolutionary branch of biotechnology, continues to evolve rapidly, transforming the way we approach medicine, agriculture and various scientific endeavours. Recent developments in this field highlight both the immense potential and ethical considerations that come with the power to manipulate DNA. In the medical realm, gene editing technologies like CRISPR-Cas9 have gained prominence. These tools offer unprecedented precision in modifying genes, holding promise for treating genetic disorders. In a groundbreaking clinical trial, researchers successfully used gene editing to treat sickle cell anaemia. The patient’s own modified cells were reintroduced into their body, resulting in reduced symptoms and an improved quality of life. In agriculture, genetic engineering is driving advancements in crop production and food security. The development of Genetically Modified (GM) crops has enabled plants to resist pests, withstand harsh climates and improve nutritional content. For instance, GM rice has been biofortified to contain higher levels of essential vitamins, potentially combating malnutrition in regions where rice is a staple food. However, these advancements also raise ethical concerns. The potential for creating “designer babies” through gene editing has sparked debates about the boundaries of genetic manipulation. The question of whether it’s ethical to alter human DNA to enhance physical or cognitive traits continues to challenge bioethicists, policymakers and society at large. Data indicates the exponential growth of genetic engineering research. In the past decade, the number of scientific publications related to CRISPR technology has multiplied significantly. In 2010, there were approximately 150 CRISPR-related publications; by 2020, that number had soared to over 9,000. This surge demonstrates the profound impact of genetic engineering on the scientific community. As we navigate this brave new world of genetic engineering, striking a balance between innovation and ethical considerations remains paramount. The potential to cure genetic diseases, enhance food security and make leaps in scientific understanding is immense. However, careful consideration and collaboration are necessary to ensure that the benefits are realized while addressing the ethical complexities that accompany these technological breakthroughs.

Which gene editing technology has gained prominence recently?

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