Anubhav Raj Shekhar

Anubhav Raj Shekhar is an Assistant Professor at the BMS College of Law, Bengaluru (BMSCL). He holds a Bachelor’s degree from the National Law Institute University, Bhopal (NLIU), and an LLM degree, specialising in Law and Development from Azim Premji University in Bengaluru. Anubhav teaches constitutional law and criminal law. His research interest lies at the intersection of law, religion and society. Additionally, he is interested in issues surrounding access to justice, death penalty and human rights. Anubhav is the editor of the BMSCL Journal of Law and has recently joined the editorial board of the NLIU Journal of Media Law.

Designation: BMS College of Law
Institution: BMS College of Law
Paper: Essential Religious Practices’ Doctrine and the Denial of Equal Entitlement in Practice of Religion
Abstract: The 'Essential Religious Practices' doctrine ('ERP') has been used as judicial standard to ascertain the content of religious practices deserving constitutional protection. Beyond India, it has travelled to Asian jurisdictions like Malaysia and Pakistan. However, in the case of Indian Young Lawyers Association and Ors. v. State of Kerala (2018), Justice Chandrachud observed ERP to be untenable in its present form. In this paper, the author further explores this dissatisfaction with the doctrine and argues how the ERP denies the right of equal entitlement to different communities in matters of practicing religion.