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Re-looking at Articles 25 u0026 26 in The Modern Context: A Call to the Judiciary| PART II |

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Sangam Talks

Continued After Part I...
   • State Control of Temples: The Constit...  

While modern discoveries in physics increasingly corroborate Hindu beliefs, there is a pressing need to reconsider legislation concerning essential religious practices highlighted by the complexities of Article 25. Rethinking Article 25 demands a shift in how we perceive religious ideas in light of evolving views of the universe and a reevaluation of the religious experience. The judiciary must mature in distinguishing between secular and nonsecular matters, as well as navigating the grey areas between them. Ayurveda, with its precision approach distinct from modern medicine, serves as a prime example of this paradigm shift.
Whereas, Article 26's limitations in distinguishing indefinite religious denominations for Hindus expose its shortcomings, notably evident in cases like Sabarimala where its application was denied, thus illustrating the expansive rights it provides. The restriction of Hindu rights under Article 26 in such cases underscores the necessity for a nuanced interpretation and adaptation of Dharmic philosophy to avoid absurd ambiguities. It is crucial to afford Articles 25 and 26 the same significance as Article 21, underscoring the fundamental importance of the right to religion free from prejudice or misinterpretation.

Watch out for the Part I

About The Speakers:
Anand Prasad is a corporate/commercial lawyer with more than three decades of experience representing domestic and international clients on various legal and commercial issues. He cofounded Trilegal, one of India’s leading fullservice law firms, and served on the firm’s management committee from 2012 until 2016. Adv. Anand returned to fulltime private practice in 2019 along with former colleagues. He established AP & Partners. He has been cited in independent legal directories such as Legal 500 and Chambers and Partners as a market leader for corporate and commercial laws in India for well over a decade.

Rahul Dewan is an entrepreneur, angel investor, opensource software evangelist, and the founder and CEO of Srijan Technologies, an *18yearold enterprise web content management consulting and development company with offices in New Delhi, Gurgaon, Goa, Bangalore, and San Francisco. Srijan excels in building products for online businesses using Drupal as the core technology. He is a writer, blogger, social activist, and a Sadhaka, who has devoted his life as a soldier to the cause of Bhartiya cultural revival, literally by all means. One of these ventures is Sarayu Trust, where we strive to reclaim our cultural heritage.

Topics Covered:
00:00 How Article 26 Snatch Away The Rights of Hindus
01:16 Intricacies of Article 25: Understanding The Secular Decisions
06:05 Need for Rethinking Over Essential Religious Practices Legislature
09:48 Hindu Believes Having Parallels With Modern Physics
11:39 Relooking at Article 25: The way we look at religious ideas needs to undergo a shift, given our underlying shift in perception of the universe
14:33 Understanding The Process of Ayurveda: An Example of Perspectives
17:43 Intricacies of Article 26: Indefinite Religious Denomination for Hindus
22:44 The Unavailability of article 26 for Sabarimala Case
25:16 Short comings of Article 26: Rights by the Article 26 is a farreaching right
33:42 Right Way to Look at Religious Denomination
37:11 Article 26 And The Sabarimala Case
41:34 Absurd Ambiguity in Article 26
48:00 Relevance of Article 21
49:46 Need for Stop the Condescending approach to look at Articles 25, and 26

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