‘Every Religion Will Break’: SC Voices Concern Over Challenges to Faith Practices

The Supreme Court on Thursday observed that indiscriminate challenges to religious practices before constitutional courts could destabilise India’s religious and social fabric , while hearing a batch of petitions related to discrimination against women at places of worship, including the Sabarimala Temple.

A nine-judge Constitution Bench headed by Chief Justice Surya Kant was examining the scope of religious freedom under Articles 25 and 26 of the Constitution and issues linked to essential religious practices across faiths, including among the Dawoodi Bohra community.

During the hearing, Justice B V Nagarathna remarked that if every religious practice is questioned in constitutional courts, “there will be hundreds of petitions,” raising concerns over constant judicial scrutiny of faith-based traditions. Justice M M Sundresh added that such intervention could result in every religion “breaking” under litigation .

The bench said India’s civilisational identity is deeply connected with religion and diversity, stressing that courts must carefully balance constitutional values with long-standing traditions .

Senior advocate Raju Ramachandran , appearing for reformist Dawoodi Bohras, argued that practices affecting fundamental rights cannot claim automatic constitutional protection merely because they carry a religious element. He contended that excommunication and similar practices tied to social conduct should not be treated as purely religious matters.

Representing the Kerala Government, senior advocate Jaideep Gupta submitted that courts determine essential religious practices based on evidence presented by members of the faith and do not impose their own theological opinions .

The hearing remained inconclusive and will continue next week.