Answer:

Introduction:

The practice of ‘angapradakshanam’ (rolling one’s body around the temple in a form of devotion) at the Arulmigu Sadasiva Brahmendra Adhistanam in Nerur, Tamil Nadu, has recently come under judicial scrutiny. This decision highlights the complex interplay between religious freedom, human dignity, and the state’s responsibility in reforming traditional practices. 

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Key Challenges

• Constitutional Rights
  • Freedom of Religion: Article 25 of the Indian Constitution guarantees the right to practice and propagate religion. Judicial interventions often face the challenge of not infringing on this fundamental right while ensuring reforms.
    For example: The Sabarimala Temple case where the Supreme Court allowed women of all ages to enter, citing gender equality over religious tradition.
  • Human Dignity: Article 21 ensures the right to life with dignity. Practices that compromise this dignity require careful judicial oversight.
    For example: The ban on triple talaq was implemented to protect women’s rights and dignity.
• Social Progress
  • Public Health and Safety: Traditional practices must adapt to modern health and safety standards without losing their essence.
    For example: Reforms in ‘Jallikattu’ to ensure the safety of both bulls and participants.
  • Education and Awareness: Promoting awareness about the implications of certain rituals can lead to voluntary acceptance of reforms.
    For example: Child marriage campaigns in rural India, emphasizing education and legal consequences.
• Cultural Sensitivities
  • Preserving Heritage: Any reform must respect cultural heritage and avoid being perceived as an attack on tradition.
    For example: The compromise in the ‘Jallikattu’ case, where the tradition was allowed with certain regulations like veterinary check-ups for bulls before the event.to ensure animal welfare.
  • Community Involvement: Engaging with community leaders and stakeholders to develop mutually acceptable solutions.
    For instance: Dialogue with religious leaders during the reform of the Hajj subsidy.

State’s Role in Reforming Traditional Practices

• Legislation and Regulation: The state plays a crucial role in enacting laws and regulations that protect individuals’ rights while respecting religious and cultural practices.
  For example: The implementation of the Prohibition of Child Marriage Act, 2006, which aims to prevent child marriages while considering cultural contexts.
• Judicial Oversight: Courts often have to intervene to ensure that traditional practices align with constitutional principles and human rights.
  For example: The Supreme Court’s decision to ban triple talaq to uphold women’s rights.
• Public Policy and Administration: The state must create and enforce policies that address health, safety, and dignity without alienating communities.
  For example: The regulations on the immersion of idols during festivals like Ganesh Chaturthi, which aim to prevent environmental pollution while respecting cultural practices.

Arguments in Support for Reforms

• Protection of Fundamental Rights: Ensures practices align with Article 21 of the Constitution, which guarantees the right to life and personal liberty.
  For example: The Supreme Court’s verdict on Sabarimala allows women of all ages entry, promoting gender equality.
• Promotion of Progressive Values: Encourages society to move towards more inclusive and humane practices.
  For example: The Supreme Court’s decriminalisation of Section 377 was a significant step towards LGBTQ+ rights.
• Prevention of Exploitation: Protects individuals, especially marginalised groups, from potentially harmful traditions.
  For example: The ban on Devadasi system, which exploited women under the guise of religious duty.
• Public Health and Safety: Ensures rituals do not endanger the physical health of participants.
  For example: Regulation of fire-walking rituals to prevent injuries and fatalities.
• Upholding Human Dignity: Moves towards practices that uphold the inherent dignity of individuals.
  For example: The prohibition of untouchability and reforms in temple entry laws to allow Dalits access to temples.

Arguments against Reforms

• Infringement on Religious Autonomy: Seen as an overreach of state power into religious affairs, violating Article 25.
  For example: Resistance to the Supreme Court’s ruling on Jallikattu, viewed as an attack on Tamil cultural identity.
• Erosion of Cultural Practices: Fears that reforms might lead to the gradual erosion of age-old traditions.
  For example: Opposition to the regulation of Dahi Handi celebrations in Maharashtra, perceived as diminishing the cultural vibrancy of the festival.
• Perception of External Imposition: Communities might view reforms as being imposed by external authorities without adequate consultation.
  For example: Resistance to the Uniform Civil Code, perceived as disregarding the unique customs of various religious communities.
• Community Resistance: Strong community attachment to traditions can lead to significant resistance against changes.
  For example: The protests and opposition faced during the proposed bauxite mining in the Niyamgiri Hills, Odisha, where the indigenous Dongria Kondh tribe resisted due to their strong attachment to the sacred land and cultural traditions.
• Potential for Social Unrest: Abrupt or poorly communicated reforms can lead to social unrest and conflict.
  For example: The widespread protests and unrest in Assam and other northeastern states following the passage of the Citizenship Amendment Act (CAA) in 2019. 

Conclusion:

Balancing constitutional rights, social progress, and cultural sensitivities is a delicate task. Judicial decisions should aim for a harmonious integration of traditional practices with contemporary values, ensuring that reforms are respectful and inclusive. Future solutions could include more participatory decision-making processes, continuous dialogue between stakeholders, and educational initiatives to foster understanding and acceptance of necessary changes.

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