Principles: It is a Fundamental Right that No Citizen Shall, on Grounds Only of Religion, Race, Caste, Sex, Place of Birth Or Any of Them, Be Subject to Any Disability, Liability, - Legal Reasoning

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MCQ

Mark the best option:
Principles:

  1. It is a fundamental right that no citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to the use of wells, tanks, bathing ghats, roads, and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
  2. Laws dealing with marriages in a religious community fall outside the scope of fundamental rights.

Facts: Parliament passes a law recognizing a new and increasingly popular religion among the rich and the wealthy, Vaderism.The law reflects the strong beliefs in Vaderism of no public nudity by a married woman and therefore provides that a marriage between two followers of Vaderism may be declared void if the wife is ever found bathing at a public well, tank or bathing ghat. The law is challenged as violative of fundamental rights. Will the challenge succeed?

Options

  • No, since most followers of Vaderism are rich and they do not need to take baths in public places, making the law redundant in practicality.

  • No, since the law recognizes rules concerning marriages in a religious community.

  • Yes, since new religions cannot be allowed to form so easily, which would open floodgates to any number and type of religions and associated practices

  • Yes, since the law clearly discriminates only on the ground of sex.

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Solution

No, since the law recognizes rules concerning marriages in a religious community.
The laws passed by the parliament is not void as the beliefs and tenets of any particular religion are outside the scope of fundamental rights.

Concept: Indian Constitution (Entrance Exams)
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