Bombay HC reiterated its judgement in Mahesh Vijay Case (2016) where it held that use of loudspeakers is not an essential part of any religion.
- Bombay HC referred to Supreme Court judgement in Church of God Case (2000) which held that there is no fundamental right to use loudspeakers under Article 19(1)(a) and Article 25 of the constitution.
About Essential Religious Practices (ERP) test
- ERP is employed by Indian Judiciary for the adjudication of matters of freedom of religion and determining whether essentiality of that religious practice.
- ERP test was introduced by Supreme Court in Shri Shirur Mutt Case (1954) which extended freedom of religion by including religious practices within meaning of religion under its ambit.
- It held that what constitutes the essential part of a religion is primarily to be ascertained with reference to the doctrines of that religion itself.
Other Supreme Court Judgements related to ERP
- Sri Adi Visheshwara Case (1997): Court distinguished between the religious and secular functions of the Temple.
- Acharya Jagadisharananda Case (2004): Court held that what determines if a practice forms an essential part of the religion is whether the absence of the practice fundamentally alters the religion.
- Shayara Bano Case (2017): Held triple talaq to be against basic tenets of religion and held that a practice merely permitted or not prohibited by religion cannot be considered an essential or positive tenet sanctioned by religion.
