Debating Excommunication: Dawoodi Bohra Community Defends Religious Rights

The Supreme Court was briefed on Thursday by the Dawoodi Bohra community regarding its contentious practice of excommunication, arguing that it is shielded by constitutional provisions. A nine-judge bench, led by Chief Justice Surya Kant, is scrutinizing whether religious head's authority to exclude members can coexist with individual rights under Article 25.

Senior advocate Mukul Rohtagi asserted that moral standards differ across religions, citing examples of Digambar Jain monks and Naga Sadhus, and dietary practices among Hindus and Muslims, as elements of religious evolution. Such practices, he argued, must not be seen through a general moral lens, but rather within religious contexts.

Rohatgi contended that introducing 'constitutional morality' could unwarrantedly expand restrictions beyond what Articles 25 and 26 of the Constitution delineate. Emphasizing the need for high legislative standards, he urged morality to be viewed through religious perspectives. The debate continues as the court reviews past judgments.