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A Religious Tribunal is the need of the hour to resolve religious disputes: Read why the courts and the government need to think in this direction

The Religious Tribunal should be an independent body, separate from judicial courts, dedicated to resolving religious conflicts.

Justice is a fundamental requirement to ensure unity and peace while protecting religion. It is high time that the government considered setting up a ‘Religious Tribunal’ to resolve disputes relating to places of worship. The Religious Tribunal should be an independent body, separate from judicial courts, dedicated to resolving religious conflicts.

This will not only ensure the speedy resolution of religious disputes but will also help maintain law and order in a state. In a country like India, which has a rich religious and cultural diversity, religious conflicts cause social tension and instability. Therefore, just and speedy disposal of religious disputes is important to ensure social harmony and law and order.

Religious conflicts are sensitive and can create disturbance in society. A Religious Tribunal can provide fair and expert solutions to religious disputes. Besides, this will help in reducing the burden of courts which, in turn, will help in speedy disposal of other disputes pending before the courts.

The Indian Consitution guarantees religious freedom and justice to all persons. Articles 25-28 of the Constitution ensure to all persons the right to profess, practice and propagate religion. Article 14 of the Constitution ensures to all persons equality before law and equal protection of laws. Additionally, Article 226 of the Constitution empowers the High Courts to review the decisions of judicial and quasi-judicial authorities.

However, the Constitution does not provide for setting up of a Religious Tribunal but it does empower the Parliament to make any special laws. The Parliament and the State Legislative Assemblies are empowered to set up special tribunals under Article 323B of the Constitution. It takes years for the civil courts to dispose of religious disputes.

Religious and legal experts should be appointed in the Tribunal to ensure impartiality. Moreover, the High Courts shall have the power of judicial review over the decisions of the Tribunal to comply with the Constitutional procedure. Religious experts in the Tribunal will be able to provide better solutions for complex religious disputes.

Besides maintaining peace in society, the Tribunal will provide a centralised platform for the resolution of all religious disputes and will prevent social disturbance and violence. So far as the jurisdiction of the Tribunal is concerned, it will be limited to resolving matters specifically related to religious disputes, places of worship and similar issues. The resolution of religious disputes is only possible through communication and law and not through violence.

The formation of a Religious Tribunal can be a significant step in this direction. The Tribunal will ensure justice to every religion within the bounds of the Constitution. A Religious Tribunal in India conforms with the Constitution and is the need of the hour. State governments should take initiative in this regard so that religious conflicts do not threaten national unity and law and order in future.

(This article is translation of the original article published on OpIndia Hindi website.)

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Reena Singh
Reena Singhhttp://www.reenansingh.com/
Advocate, Supreme Court. Specialises in Finance, Taxation & Corporate Matters. Interested in Religious & Social issues.

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