Recently, the Union Government informed the Supreme Court that Waqf does not constitute an essential practice of Islam.
About the Doctrine of Essentiality:
This legal principle, developed by the Supreme Court of India, helps identify which religious customs are fundamental and thus safeguarded under Article 25 of the Indian Constitution, which guarantees freedom of religion. The doctrine seeks to balance religious freedom with other fundamental rights, ensuring that religious practices do not violate individuals’ rights to equality, dignity, and personal liberty. By applying this test, the Court distinguishes between core religious beliefs and practices that may be subject to regulation or reform in the interest of public welfare.
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