Hinduism is a way of life, not essential for follower to visit temple: Supreme Court

The observation of a nine-judge constitution bench headed by Chief Justice Surya Kant came while hearing petitions related to discrimination against women at religious places, including the Sabarimala temple in Kerala.

New Delhi: The Supreme Court on Wednesday said that Hinduism is a way of life, and it is not essential for a Hindu to visit a temple or perform rituals to remain within the faith.

"People will light a lamp inside their hut. That is all," the court remarked, emphasising the simplicity and inclusivity of practice.

A nine-judge constitution bench led by Chief Justice of India (CJI) Surya Kant and comprising Justices B V Nagarathna, M M Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan and Joymalya Bagchi, was hearing petitions related to discrimination against women at religious places, including the Sabarimala temple in Kerala, and on the ambit and scope of the religious freedom practiced by multiple faiths, including Dawoodi Bohras.

Professor G Mohan Gopal, appearing for one of the intervenors, said nobody had ever asked him whether he accepted the Vedas as the highest authority, though he added that he had the "highest respect" for the Vedas. 

He questioned whether it could be assumed that all people classified as Hindus accept the Vedas as the ultimate authority in spiritual and philosophical matters.

"To accept Vedas, no one asked me, and no one said that, and I have the highest respect for Vedas, but is it a fact that all people who are today classified as Hindus accept Veda as the highest authority in all matters spiritual and philosophical," he said.

"So, in this manner, we were not subsumed into religion; we were consumed by religion. We have to also consider from a constitutional point of view what is the choice, what is the agency," he said.

On this, Justice Nagarathna said, "Hinduism is also called a way of life. It is not necessary for a Hindu to go mandatorily to a temple, to perform a ritual. He or she still remains a Hindu, because it is a way of life."

Gopal said it would be a huge relief if this came across in the reference judgment. 

"It is already there, and you do not require a judgment on it," the CJI said.

Justice Nagarathna also said that even people who do not visit temples or maintain a dedicated prayer space at home may still identify as Hindus because, according to her, "their psyche is such that they are Hindus".

"Do not go to temples. Do not have a place or a room in the house where they offer pooja. Even then, their psyche is such that they are Hindus. It is a way of life," Justice Nagarathna said.

"People will light a lamp inside their hut. That is all," the CJI said.

The bench further observed, "Nobody can come in the way of people having their faith."

Gopal said Article 25 protects it, but our jurisprudence does not. "Each one of us decides, CJI rightly said if I light a lamp in a little hut. That is my religion. So, it is autotheism – I decide what is sacred to me and how do I pursue it," he said.

Gopal contended that the priest is exercising his freedom of conscience and the devotee is exercising her freedom of conscience, and the question is, how do you resolve it?

Referring to an American judgment, Gopal said one principle to resolve this is that you cannot use your freedom of religion to deprive someone else of their civil liberty.

"I can impose a restriction on myself, but I cannot impose my freedom of conscience to take away civil liberty of others," Gopal said, adding that the definition of Hindu needs to be reconsidered in light of the observation made by Justice Nagarathna. 

“So that the jurisprudence, practice, and the Constitution can be aligned," he said.

Gopal said there is a requirement to be part of organised religion – that you have to believe in established precepts and practices, and rituals, in order to be protected by Article 25. "I think that should be given some leeway. It could be that, but it could also be autotheism. 80 per cent of the people of this country are autotheists," he said.