Bombay High Court Rules Use of Loudspeakers is Not an 'Essential Religious Practice'
The Bombay High Court reaffirmed its 2016 decision in the Mahesh Vijay case, where it ruled that the use of loudspeakers is not an essential part of any religion. The Court also referenced the Supreme Court’s ruling in the 2000 Church of God case, which clarified that there is no fundamental right to use loudspeakers under Article 19(1)(a) or Article 25 of the Constitution.
About the Essential Religious Practices (ERP) Test:
The ERP test is used by the Indian judiciary to address matters related to religious freedom and to determine which practices are considered essential to a religion.
The ERP test was introduced by the Supreme Court in the 1954 Shri Shirur Mutt case, which expanded the scope of religious freedom to include religious practices as part of the definition of religion. The Court ruled that the essential elements of a religion must be determined based on the doctrines of the religion itself.
Notable Supreme Court Judgments on ERP:
- Sri Adi Visheshwara Case (1997): The Court made a distinction between the religious and secular functions of a temple.
- Acharya Jagadisharananda Case (2004): The Court determined that a religious practice can only be considered essential if its absence would fundamentally alter the religion.
- Shayara Bano Case (2017): The Court ruled that triple talaq was inconsistent with the basic tenets of Islam, clarifying that practices which are merely permitted or not prohibited by a religion cannot be deemed essential or foundational to that religion.
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