Kerala High Court upholds constitutional supremacy, ruling that no religious belief can impose on another, reinforcing personal freedom in religious practices
In a landmark judgment, the Kerala High Court has ruled that no religious belief is superior to the Constitution, underlining the importance of personal freedom in matters of faith.
The decision came while considering a petition by Abdul Noushad, who had sought to quash a case against him for criticising a Muslim law student who shook hands with former Finance Minister Thomas Isaac. Noushad claimed the handshake violated Sharia law, prompting backlash.
The incident occurred during an interactive session at Markaz Law College, where students engaged with Isaac. After the event, Noushad posted a video condemning the student, alleging that she had committed adultery by touching another man.
‘No compulsion in religion’
In its ruling, the court upheld the student’s rights, saying, “There is no compulsion in religion, especially in Islam.” The court underlined that the Constitution protects the interests of individuals who express their beliefs freely. The court dismissed Noushad’s petition, saying that religious practices are personal choices and cannot be imposed on others.
“There is no compulsion in religion, especially in Islam. One cannot compel another to follow his religious practice. Religious practice is a personal choice of every citizen of this country. The woman in the case has the right to follow her religious practices in her own way,” the court said. “None can impose a religious belief of his own on another. Therefore, if the allegation against the petitioner is correct, it cannot be accepted in India, where the Indian Constitution is supreme,” it added.
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In a landmark judgment, Kerala High Court rules that no religious belief is above the Constitution of India and the Constitution is supreme.Kerala High Court was considering a petition filed by Abdul Noushad, who had criticised a Muslim girl, a 2nd year law student at Markaz… pic.twitter.com/ubblbrcbFs
— Amit Malviya (@amitmalviya) October 10, 2024
In a post on X, BJP IT chief Amit Malviya said that this “judgment will have far-reaching consequences, especially against pleas by the Islamists, to priorities faith over the Constitution.”
“In a landmark judgment, the Kerala High Court rules that no religious belief is above the Constitution of India and that the Constitution is supreme. The court was considering a petition filed by Abdul Noushad, who criticized a Muslim girl, a second-year law student at Markaz Law College, for shaking hands with the former Finance Minister of the State, Thomas Isaac. He contended that, being a grown woman, she committed adultery by touching another man. Noushad made a video criticizing her and was later booked under various sections of the IPC on the woman’s complaint,” he said.
‘Harmony to one’s religious beliefs’
On the Kerala High Court judgment, Supreme Court lawyer Adeel Ahmed said, “The Constitution is an organic document, not made in isolation but in furtherance of our dignity and validation of human rights.” “The Constitution therefore seeks to bring harmony to one’s religious beliefs in tune with our national goals of fraternity and liberty—for one and for all. In that light, the KHC verdict is a harmonious interpretation of a woman’s right to expression in the public domain, and Constitutional morality prevails over all other forms of morality in the life and breath of a nation,” he added.
