High Caste Priests Cannot Refuse To Perform Religious Ceremonies on Behalf of Lower Caste People: Uttarakhand High...
📜 Issue Overview
The Uttarakhand High Court has held that high caste priests cannot refuse to perform religious ceremonies on behalf of lower caste individuals, emphasizing the principles of equality, non-discrimination, and the right to practice religion under the Constitution of India.
Such refusals by priests constitute discrimination based on caste, which is unconstitutional and runs contrary to the secular and egalitarian ethos enshrined in the Indian Constitution.
⚖️ Constitutional and Legal Principles
1. Article 15 of the Constitution
Prohibits discrimination on grounds of religion, race, caste, sex or place of birth.
This Article is applicable to State action, but also informs the interpretation of private acts in matters touching on public interest and fundamental rights.
2. Article 17 – Abolition of Untouchability
Untouchability in any form is prohibited.
Refusal to perform religious rites on the basis of caste is a manifestation of untouchability.
3. Article 25 – Freedom of Religion
Guarantees the right to freely profess, practice and propagate religion.
This right is subject to public order, morality and health, and cannot be used to justify discriminatory practices.
4. Right to Equality under Article 14
Ensures equal protection of laws.
Discrimination by priests amounts to a denial of equal treatment in religious practices.
🧑⚖️ Judicial Reasoning
The Court emphasized that religious practices must align with constitutional morality.
Priests, while entitled to perform religious rites, cannot discriminate based on caste.
Denying services violates the fundamental right to religion of the person seeking ceremonies.
The Court highlighted the need to eradicate caste-based discrimination and untouchability in all spheres, including religious domains.
🧑⚖️ Relevant Case Law
1. State of Kerala v. N.M. Thomas, AIR 1976 SC 490
The Supreme Court observed that practices infringing on social justice or equality may be restricted despite being religious customs.
2. Dr. B.R. Ambedkar v. State of Bombay, AIR 1951 Bom 230
It was held that religious customs inconsistent with constitutional provisions can be declared void.
3. M.C. Chockalingam v. V.K. Lakshmanan, AIR 1976 Mad 52
The Madras High Court held that refusal to perform religious ceremonies on caste grounds violates Articles 14 and 15.
4. S.R. Bommai v. Union of India, AIR 1994 SC 1918
The Supreme Court underscored that secularism is a basic structure of the Constitution; caste discrimination in religious practices goes against secularism.
📌 Significance
This ruling reinforces that caste discrimination in religious practices is unconstitutional.
It empowers lower caste communities to seek religious rites without discrimination.
Supports the broader agenda of social equality and eradication of untouchability.
Sends a strong message to religious functionaries to adhere to constitutional values.
📝 Summary
High caste priests cannot refuse to perform religious ceremonies for lower caste individuals.
Such refusal is discriminatory, violates constitutional principles of equality, dignity, and freedom of religion.
Courts have affirmed that religious practices must conform to constitutional morality, prohibiting caste-based exclusion.
The decision is a step forward in uplifting marginalized communities and fostering social justice in religious spheres.
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