The Sisyphean Dilemma: Analyzing the Transient Landscape of Essential Practice Doctrine vis-a-vis Santhara

INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES VOLUME 6 ISSUE 6 – ISSN 2454-1273

20 Pages Posted: 25 Mar 2021

See all articles by Shubhank Patel

Shubhank Patel

National University of Study and Research in Law (NUSRL)

Anuparna Chatterjee

National University of Study and Research in Law (NUSRL)

Rishi Raj Mukherjee

National University of Study and Research in Law (NUSRL)

Date Written: November 26, 2020

Abstract

India has been characterized by diverse religions and faith, which leads to various customary religious practices being challenged before the courts of law. These customary practices are either nullified or validated in the eyes of law, taking into consideration their impact on social welfare and morality. The courts had developed the Essential Practice Doctrine Test to solve sensitive questions of religion but gradually the non-interventionist dispensations of the Courts have deviated from, with the ultimate effect of concocting the inferno wherein the Court plays the role of the interpreter of religions. The paper analyses the Essential Practice Doctrine’s development and intent while inception in light of the current usage of the doctrine and establishes that there has been unrestrained use of power by the courts and that the Test must be reconsidered with a further elaboration of the disastrous consequences that its continuance may incur after the judgment given in the Nikhil Soni case.

Keywords: Essential Practice Doctrine, Santhara, Religious Freedom, Suicide

Suggested Citation

Patel, Shubhank and Chatterjee, Anuparna and Mukherjee, Rishi Raj, The Sisyphean Dilemma: Analyzing the Transient Landscape of Essential Practice Doctrine vis-a-vis Santhara (November 26, 2020). INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES VOLUME 6 ISSUE 6 – ISSN 2454-1273, Available at SSRN: https://ssrn.com/abstract=3790341

Shubhank Patel (Contact Author)

National University of Study and Research in Law (NUSRL) ( email )

India

Anuparna Chatterjee

National University of Study and Research in Law (NUSRL) ( email )

AT- Nagri, P.O.- Bukru, Kanke-Pithoria Road
Kanke
Ranchi, Jharkhand 834006
India

Rishi Raj Mukherjee

National University of Study and Research in Law (NUSRL) ( email )

India

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