THE SISYPHEAN DILEMMA: ANALYZING THE TRANSIENT LANDSCAPE OF ESSENTIAL PRACTICE DOCTRINE VIS-A-VIS SANTHARA
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https://doi.org/10.55662/Keywords:
Essential Practice Doctrine, Santhara, Religious Freedom, SuicideAbstract
India has been characterized by diverse religion and faith, which leads to various customary religious practices being challenged before the courts of law. These customary practices are either nullified or validated in the eyes of law, taking into consideration their impact on social welfare and morality. The courts had developed the Essential Practice Doctrine Test to solve sensitive questions of religion but gradually the non-interventionist dispensations of the Courts have deviated from, with the ultimate effect of concocting the inferno wherein the Court plays the role of the interpreter of religions. The paper analyses the Essential Practice Doctrine’s development and intent while inception in light of the current usage of the doctrine and establishes that there has been unrestrained use of power by the courts and that the Test must be reconsidered with a further elaboration of the disastrous consequences that its continuance may incur after the judgement given in the Nikhil Soni case.
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Copyright © 2026 by Shubhank Patel, Anuparna Chatterjee, Rishi Raj Mukherjee
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