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Indian Court Says It Can Decide What Are Basic Tenets of a Religion

By Howard M. Friedman

In India, the High Court of Punjab and Haryana in Kaur v. State of Punjab, (High Ct. P&H, May 30, 2009), upheld the decision of a Medical College to refuse to admit petitioners under the quota set aside for members of the Sikh minority community because the applicants did not observe a major tenet of the Sikh religion-- keeping their hair unshorn. The school admitted only Sikhs who maintained "Sikhi swarup" (Sikh appearance). The court concluded that it could "enter the religious thicket" to determine how a religion defines its basic tenets. It said in part:

For an issue of religion, an action cannot be bestowed with legitimacy, merely because the action is forward-looking and non-fundamentalist Religion is a package of beliefs or doctrines which all those who adopt the particular religion, are expected to follow. The issue is not of logic, but of faith.... If the tenet concerned is of fundamental importance, it is legitimate for the followers of the faith, to treat the same as unpardonable.... Religion must be perceived as it is, and not as another would like it to be.... Once a Court arrives at the conclusion that a particular aspect of a religion, is fundamental and integral, as per the followers of the faith, it must be given effect to, irrespective of the views expressed on the said issue, based either on science or logic.

The Chandigarh (India) Tribune yesterday reported on the decision.

Full post as published by Religion Clause on May 31, 2009 (boomark / email).