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There is a case before the Supreme Court of India at the moment …

Posted on November 16, 2019 by Shahid Bolsen

There is a case before the Supreme Court of India at the moment over the right of women to enter a particular Hindu temple, from which they have traditionally been banned entry.

A group of female activists brought the case, and won in a 5 judge court ruling, which forced the temple to lift the ban on women. Of course this was regarded as a great victory for equality and a blow against misogynistic, patriarchal religion, and so on. And I doubt that Muslims, or any other religious communities have paid much attention to any of this.

But it matters.

If the Supreme Court ultimately upholds the ruling of the earlier panel of judges, it will establish that the state has the authority to set down religious doctrine and regulate religious practice — for ANY religion — in India.

In the earlier decision, the court stated “inequality cannot be allowed on the path to Divinity” . Now, that is an absolutely outrageous statement for a secular court to make. A court ruling on what is or is not, can or cannot, be a matter of religious belief and practice? A secular court issuing decrees on the “path to Divinity”? That constitutes the complete demolition of the separation between the state and religion.

Imagine how this might be applied to Muslims; to Jews; to Christians (Catholics, for instance). The forced regulation of religious doctrine and practice to adhere to subjective and often arbitrary notions about “equality”.

This is an enormously important case for every religious community in India, and potentially beyond, insofar as the Supreme Court’s decision may set a dangerous precedent that will redefine the relationship between the state and the sacred.

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