Key Insight
Supreme Court weighs Article 25 over 26 to curb gender bias in religious practices
Key Facts
- 5 May 2026: A nine‑judge Supreme Court bench heard a combined petition linking the Sabarimala case with a challenge to Parsi fire‑temple entry rules for women marrying outside the community.
- The petition contests the Parsi trust’s denial of entry to such women, alleging gender discrimination under Articles 14, 15 and 17.
- Key constitutional provisions under debate are Article 25(1) – individual freedom of religion, and Article 26(b) – right of religious denominations to manage their own affairs.
- Senior counsel Darius Khambata argued that Article 26(b) cannot supersede individual rights under Article 25(1) and the equality clause.
- The bench cited the Venkataramana Devaru judgment as a precedent for a harmonious reading of Articles 25 and 26.
- Justices Sundresh, Nagarathna and Amanullah warned that giving primacy to Article 26(b) could enable exclusionary practices contrary to India’s secular ethos.
- The same bench is concurrently hearing the Sabarimala matter, which questions age‑based gender exclusion of women (10‑50 years) from the temple.
Background
Article 25 guarantees individual freedom of religion, while Article 26 protects collective rights of denominations. Conflicts arise when denominational customs, such as barring women from Sabarimala or Parsi fire‑temples, clash with constitutional guarantees of gender equality under Articles 14, 15 and 17. The Supreme Court’s balancing approach will define the limits of religious autonomy in India’s secular framework.
UPSC Syllabus
- GS4 — Dimensions of ethics - private and public relationships
- Essay — Philosophy, Ethics and Human Values
- Prelims_GS — Public Policy and Rights Issues
- Essay — Society, Gender and Social Justice
- Prelims_GS — Constitution and Political System
- GS4 — Role of family, society and educational institutions in inculcating values
- Prelims_GS — National Current Affairs
- Essay — Youth, Health and Welfare
- GS4 — Integrity, impartiality, non-partisanship, objectivity and dedication to public service