Rescuing Individual Rights From the Chokehold of Groups Rights

December 3, 2017

On 07.12.2017 the Supreme Court started listening to arguments on the the Goolrokh Gupta vs Burjor Pardiwala and Others [Parsi Identity, Parsi Woman Excommunication] case. In The Wire Ashwini Tallur and Satya Prasoon, associates at CLPR, examine the tension between individual rights and group rights in the context this the primary argument in this case – does the Indian Constitution prioritize individual rights over group rights?

They start with a review of the interpretation of the Special Marriage Act by the Gujarat High Court and then go on to analyze the individual’s Right to Freedom of Religion, the Constitution as a document for “social revolution”, the separation of state and religion, and the role of group rights in minority religions.

Cite:

'Rescuing Individual Rights From the Chokehold of Groups Rights' (The Wire , 03 Dec 2017) <https://thewire.in/law/constitution-individual-group-rights-religion> accessed on 27 Jul 2021