It is proved that Kerala Police went against Article 25 resulting in clashes
Thus, not any person of ‘ other religion’ whether by birth or conversion . And, Hindus and Hindu Religion is the essence and mandate of Article 25.
Article 13 says that “The State shall not make any law which takes away or abridges the rights conferred by this part “ ... “ and any law made in contravention o this clause shall to the extent of contravention be void “ .
-“ Law include ‘ custom and usage” .
Article 25 also did not restrict culture/custom, rites and rituals thast are in practice as at commencement of the Constitution.
Article 51 A, clause - e and f – emphasized carry of Hindu culture , system , custom and preferred sustainty amidst composite culture.
B. Article 13 -2 – a, b, and 51 A- e and b are to be read with article 25 and, Article 25 is to be r3ead with article 13 and 51 A thus vice-versa and not to be tied with the distinctive articles 14, 15 and 19.
Art. 14 is connected with Civility as a whole in the Rule and 15 is connected with Social morale under its purview while Article 19 is subjected to reasonable restrictions.
C. Permitting non-Hindus into Hindu Holy Places and Temples is against to articles mandated under ‘ Rights to Freedom of Religion ‘ and such indulgence is an act of trespass and wilful insult to the religion targeted and, also punishable under IPC Sections specified for Offences relating to Religions .
Rites and Rituals , holy prayers are absolutely different from the issues of Civility and Society and is why, Sati like were restricted and Widow marriage was promoted as these issues are within the objects of Civility and Social Concept. And, rites, rituals and holy prayers purely within the concept of sacred Sacrosanct . These rites, rituals and holy prayers are the religious mandates that require strict adherence adopting the custom/system procedure, vested devotion, holy bindings, restrictive candidature, and alike .
D. Moral ethics and Individual rights are such different like insemination after marriage AND, Sexual intercourse of individuals with consent of both genders irrespective of marriage. This is why, Holiness, Sanctity, Sacraments under Hindu practice are Sacrosanct .
The issues of Religious faiths like rites, rituals, holy prayers are to be left to the system that had been followed since connected with Sacrosanct and Sanctity honouring 100% the mandates of the Constitutional chapter on “””Rights to Freedom of Religion””” . There is need of studying article 14, 15 and 19 with Article 25 , 26 etc.,
Who had authorised or permitted kerala Police to take the non-Hindus to Sabarimala and Ayyappa Temple is the ISSUE.
Whether Article 25 under Rights to Freedom of Religion is permitting or subjected to intervention into the very issues of rites, rituals and holy prayers that do not fall under the code of Civility or Society is the question.
Whether Article 19 do empowers the individuals to go against the Religious practices of rites, rituals of Article 25 is the issue and question as well.
Whether Article 14 and 15 do cover the Religious rites, rituals and holy prayers while the Religion and Religious Follow is away from Civility and Society is the doubt .
Whether issues that do not form part of Civility and social binding of Religion and Religious follow are also subjected to Article 14 and or 15 is also the issue and question.
What Article 25 mean and mandates is to be derived and described comprehensively. more