India's Supreme Court Orders Stay While It Considers Constitutionality of Place of Worship Act

The Hindu reports on a controversial Order issued yesterday by India's Supreme Court. The Order bars lower courts from accepting new lawsuits or entering orders in pending suits in which Hindu plaintiffs are attempting to reclaim temples destroyed by the Mughal Empire in the 16th century. Eighteen suits involving ten Muslim religious shrines are pending in lower courts. In 1991, India's Parliament passed the Place of Worship Act which prohibits the conversion of any place of worship into a place of worship for a different religion and provides that "the religious character of a place of worship existing on the 15th day of August, 1947 shall continue to be the same as it existed on that day." The Supreme Court is currently considering the constitutionality of the Place of Worship Act. It Order is designed to prevent a race in which lower courts attempt to issue orders ahead of the Supreme Court's ruling on the 1991 law. According to The Hindu:

Recently, Chief Justice Khanna’s Bench had to intervene after violence broke out and lives were lost in Sambhal following a local court order to survey the Shahi Jama Masjid site. The civil judge had passed an order on the basis of a suit that the mosque was built on a temple demolished by Mughal emperor Babar in 1526.

Wife's Religious Convictions Do Not Override Vermont Divorce Law

In Maghu v. Singh, (VT Sup. Ct., Jan. 12, 2018), the Vermont Supreme Court rejected a wife's attempt to obtain dismissal of a no-fault divorce petition filed by her husband.  The couple was married in India and, among other contentions, the wife argued that Vermont's courts should defer to Indian divorce law. In rejecting that contention, the court said in a footnote:

We reject wife’s argument that the court’s grant of a no-fault divorce contrary to India’s Hindu Marriage Act, and the religious requirements reflected therein, impinges on wife’s free exercise of religion in violation of Chapter I, Article 3 of the Vermont Constitution. Quite the opposite, it would be constitutionally problematic, to say the least, if we began to decline access to a divorce from an otherwise qualified domiciliary on the basis of the religious convictions of the other party. 

Indian Court Says Sikh Witness Cannot Be Barred From Wearing Kirpan

In Singh v. State of Haryana, (High Ct. Punjab and Haryana, March 16, 2016), a trial court in the Indian state of Punjab held that Art. 25 of India's Constitution which protects freedom of conscience and religion invalidates a court's order barring a Sikh witness from wearing a kirpan while testfying.  The opinion contains lengthy discussion of the kirpan and of the freedom of religion provision in India's constitution. LiveLaw reports on the decision.

Indian Court Bars Jain Practice of Santhara As Suicide

In India, the Rajasthan High Court, acting on a public interest petition, held that Santhara, a traditional Jain practice of starving oneself to death to attain salvation (background), is suicide under the Indian Penal Code. Thus Sec. 306 outlawing abeting of suicide and Section 309 outlawing attempted suicide apply. The court said in part:

The respondents failed to establish that Santhara is an essential religious practice without which the following of Jain religion is not permissible.

According to the Calcutta Telegraph, the activist who filed the suit says: "... Santhara is a way devised by the family to get rid of the economic burden of caring for its elderly." Jain organizations say they will appeal the decision.

Muslim Leaders In India Object To Required Yoga Sun Salutation In Schools

The Wall Street Journal reports today that Muslim leaders in India are complaining that schools in the states of Rajasthan and Madhya Pradesh are requiring students to learn yoga, including "surya namaskar"-- the sun salutation. Students are also required to chant "Om" or other Sanskrit verses that the All India Muslim Personal Law Board says are connected to the Hindu religion. Islamic law prohibits Muslims from bending before anyone other than Allah or God. The controversy comes as India prepares to celebrate the world's first International Day of Yoga next week. The All India Imam Organization says that yoga connected to  health rather than religion is fine so long as the sun salutation is not required.