Discussion on The Essential Religious Practices Test (ERPT)
Recently, some pre-university colleges in Karnataka denied admission to Muslim girl students wearing ‘hijab’ or head scarf. Due to this religious protests are taking place. In this context, the discussion on Essential Religious Practices Test (ERPT) for religious matters has started.
The Essential Religious Practices Test (ERPT) principle, introduced by the Supreme Court (SC) in the “Shirur Math” case (1954). According to the Court, this doctrine focuses only on protecting such religious practices, which are essential and integral to the religion.
The Court held that the word “religion” encompasses all rituals and practices integral to a religion. Also, ‘Dharma’ itself is responsible for prescribing its essential and non-essential practices.
The Court has attempted to differentiate essential and non-essential practices in the course of various judgments.
In 1983, the Supreme Court did not accept “Tandava” as an essential religious practice for the Ananda Margi sect. In the Sabarimala case (2018), the Supreme Court had ruled that banning the entry of women in the age group of 10 to 50 years is not an essential part of religion.
Criticism of ERPT
- By this principle the Court has tried to go into an area which is beyond its jurisdiction. This doctrine gives judges the power to adjudicate on purely religious questions.
- Under the freedom of religion, a person has been given the autonomy to follow religious beliefs. Necessary testing encroaches on that autonomy of the individual.
Source – The Hindu
