'No Religious Beliefs Are Above Constitution': Kerala HC Underlines Importance Of Personal Freedom In Faith

According to the Kerala High Court, there are no compulsions in religion, especially in Islam. The court maintained that no individual cannot impose or compel another person to follow religious practices.

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The Kerala High Court, in a landmark judgement on Thursday, ruled that no religious belief is superior to the Constitution of India. The court underlined the importance of personal freedom saying 'it is duty of the court to protect the personal liberty of a person whose rights are being violated by imposing religion'. The court refused to quash all proceedings initiated against a man under 153 of the IPC (giving provocation with intent to cause riot) and Section 119 (a) (punishment for atrocities against women) of the Kerala Police Act, who made allegations against a Muslim girl that she committed adultery and violated Shariat Law by shaking hands with the former Finance Minister of the State.

According to the Live Law, Justice PV Kunhikrishnan stated that the Constitution guarantees every citizen the right to follow religious practices in their own way and it is their personal choice. According to the court, there are no compulsions in religion, especially in Islam. The court maintained that no individual cannot impose or compel another person to follow religious practices.



The incident occurred during an interactive season at Markaz Law College where students engaged with former Finance Minister Dr Thomas Issac. The petitioner Abdil Noushad, after the event, posted a video saying that the student committed adultery by touching another man. The de facto complainant alleged that the petitioner committed offences punishable under Section 153 of IPC and Section 119 (a) of the Kerala Police Act.

She alleged that the post and video made by him brought disgrace to her family. The Court further noted that in Muslim religion, physical contact including a handshake, between a woman and unrelated man is seen as forbidden or Haram, live law reported. The Court noted that shaking hands is a traditional gesture and in modern times it is seen as a sign of confidence and professionalism.

The Court further noted that in Muslim religion, physical contact including a handshake, between a woman and unrelated man is seen as forbidden or Haram. Get Latest News Live on Times Now along with Breaking News and Top Headlines from India and around the world..