Supreme Court Clarifies that Caste‑Based Exclusion Cannot be Treated as Religious Practice
On 5 May 2026, the Supreme Court pronounced that any practice which excludes people on the basis of caste has no nexus with religion. The observation was made by Justice B.V. Nagarathna while hearing a petition linked to the Sabarimala review bench.
Key Developments
- Justice Nagarathna stated that a "casteist" practice cannot be termed a religious practice and that Article 25 empowers the State to legislate against caste‑based discrimination in the name of religion.
- The petition was filed by senior advocate Darius J. Khambata on behalf of Goolrokh Gupta, a Parsi woman barred from the Agiari after marrying a Hindu under the Special Marriage Act.
- The case was referred to a nine‑judge Constitution Bench headed by Chief Justice of India Surya Kant, indicating its constitutional significance.
- Justice Nagarathna likened the exclusion of married Parsi women to "excommunication", highlighting gender‑biased application of religious norms.
Important Facts
The Gujarat High Court (23 March 2012) had held that Ms. Gupta ceased to be a Parsi after her inter‑faith marriage, a view supported by affidavits of seven Parsi priests. The petitioners argued that the Doctrine of Coverture is not recognised by the Indian Constitution and violates fundamental rights. They also contended that the