Supreme Court की Dawoodi Bohra Excommunication पर सुनवाई
The Supreme Court is hearing the thirteenth day of the Sabarimala reference. The matter concerns the power of the Dawoodi Bohra religious head (the Dai) to excommunicate members.
मुख्य विकास (2026 तक)
- Senior Advocate Raju Ramachandran representing the Central Board of Dawoodi Bohra Community argues that excommunication is being used arbitrarily, reducing members to "slaves" and violating their fundamental rights.
- The bench queried whether the power is protected under Article 26(b) and stressed that it cannot override rights under Article 25(1).
- Justices BV Nagarathna and MM Sundresh warned that unchecked judicial interference in religious matters could erode India’s civilizational fabric.
- The bench examined the procedural history: a writ petition filed in 1986 challenging the 1962 Sardar Syedna judgment; a 5‑judge bench in 2023 referred the issue to the 9‑judge bench.
- Advocate Ramachandran contended that excommunication amounts to "civil death" and infringes Article 21 as well as religious freedom.
महत्वपूर्ण तथ्य
- The excommunication power, though rooted in internal religious discipline, is being exercised for reasons unrelated to doctrinal violations (e.g., reading a magazine).
- The petitioners argue that when the sancti