PolityGS2+ GS4

Food Restrictions at Religious Festivals Raise Constitutional Concerns

Indian Express·2026-09-10· Read original

"Food Restrictions at Religious Festivals Raise Constitutional Concerns"

Prelims Facts

  • •Article 21 (right to life and personal liberty) was held in Justice K.S. Puttaswamy v. Union of India (2017) to include privacy as a fundamental right, explicitly covering personal choices such as food and dress.
  • •Secularism is part of the Basic Structure of the Constitution, affirmed by the Supreme Court in S.R. Bommai v. Union of India (1994).
+4 more facts — sign up free to unlock

Key Terms

Regulation-versus-endorsement distinction

the constitutional line between the state managing public order at religious events (permitted) and the state endorsing or imposing one religion's norms (prohibited).

Indirect discrimination

state action that is facially neutral but has a discriminatory effect on a group defined by religion, caste, or similar protected characteristic, engaging Article 15.

+3 more terms — sign up free to unlock

Study Note

BackgroundCore Concept

Background

The Indian Constitution establishes a form of secularism built on equidistance from all religions. Article 25 guarantees freedom of conscience and the right to profess, practise, and propagate religion, subject to public order, morality, and health. Article 26 protects religious denominations' right to manage their own affairs. Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. Article 14 guarantees equality before the law. Together, these provisions require the state to neither privilege one religion nor use religious identity as a basis for differential treatment.

The Supreme Court affirmed in S.R. Bommai v. Union of India (1994) that secularism is part of the Basic Structure of the Constitution. A state government acting against the Constitution's secular character is liable to be dismissed under Article 356. The Court has consistently held that the state may regulate the secular aspects of religious practice, traffic, public health, crowd control, but may not endorse or impose the religious content of any faith. This regulation-versus-endorsement distinction is constitutionally critical.

Historically, challenges to caste-based social hierarchies, including dietary ones, have deep roots in Indian reform movements. The Satya Shodhak Samaj, founded by Jyotirao Phule in Maharashtra, challenged Brahminical social codes that ranked communities by ritual purity, including food practices. Similarly, the Self-Respect Movement led by Periyar E.V. Ramaswamy Naicker in Tamil Nadu explicitly rejected the idea that upper-caste customs represented a universal Hindu norm. Both movements recognised that dietary hierarchies were not merely personal preferences but instruments of social stratification. This historical context matters: when the state signals that one dietary tradition is more legitimate than another, it risks reviving precisely the kind of caste-coded hierarchy these movements resisted.

The Topic Explained

The constitutional concern with state-directed food restrictions at religious festivals operates on several distinct legal planes.

First, Article 21, the right to life and personal liberty, has been interpreted expansively by the Supreme Court. In the landmark Justice K.S. Puttaswamy v. Union of India (2017), a nine-judge bench unanimously held that privacy is a fundamental right intrinsic to life and personal liberty. The judgment explicitly protected personal choices, including what to eat and what to wear, from state interference without a legitimate, proportionate justification. Any state action restricting food choices at public festivals must therefore clear a proportionality test: it must pursue a legitimate aim, be rationally connected to that aim, and be the least restrictive means available.

Second, Article 19(1)(g) guarantees the right to practise any profession or carry on any trade or business. …

Sign up free to read the full noteIncludes the rest of The Topic Explained and Current Context

Related PYQs

2025GS1 Prelims

Who among the following was the founder of the 'Self-Respect Movement'?

A'Periyar' E. V. Ramaswamy Naicker
BDr. B. R. Ambedkar
CBhaskarrao Jadhav
DDinkarrao Javalkar
Sign up free to see the answer and explanation
2016GS1 Prelims

Satya Shodhak Samaj organized

Aa movement for upliftment of tribals in Bihar
Ba temple-entry movement in Gujarat
Can anti-caste movement in Maharashtra
Da peasant movement in Punjab
Sign up free to see the answer and explanation

Practice MCQs

Politymedium

Consider the following statements regarding secularism as a feature of the Indian Constitution:

1.The Supreme Court held in S.R. Bommai v. Union of India (1994) that secularism is part of the Basic Structure of the Constitution.

2.A state government acting against the secular character of the Constitution is liable to be dismissed under Article 356.

3.The Constitution requires strict separation of the state from religion, on the model of the First Amendment to the United States Constitution.

4.The state may regulate the secular aspects of religious practice such as public order and crowd management, but may not endorse the religious content of any faith.

Which of the statements given above are correct?

A1, 2 and 4 only
B1 and 3 only
C2, 3 and 4 only
D1, 2, 3 and 4
Sign up to check your answer & see the explanation
Politymedium

Consider the following statements regarding the Supreme Court's judgment in Justice K.S. Puttaswamy v. Union of India (2017):

1.The judgment was delivered by a nine-judge constitutional bench.

2.It held that privacy is a fundamental right under Article 21 of the Constitution.

3.It explicitly held that personal choices such as food and dress are protected from state interference.

4.The judgment overruled the earlier decisions in M.P. Sharma (1954) and Kharak Singh (1962) on the question of privacy.

How many of the above statements are correct?

AOnly one
BOnly two
COnly three
DAll four
Sign up to check your answer & see the explanation
Polityeasy

Match the following reform movements with their founders and primary locations:

Movement — Founder — Location

1.Satya Shodhak Samaj — P. Jyotirao Phule — Maharashtra

2.Self-Respect Movement — Q. Periyar E.V. Ramaswamy Naicker — Tamil Nadu

3.Brahmo Samaj — R. Raja Ram Mohan Roy — Bengal

Which of the pairs given above is/are correctly matched?

A1 and 2 only
B2 and 3 only
C1 and 3 only
D1, 2 and 3
Sign up to check your answer & see the explanation
Polityhard

With reference to the doctrine of indirect discrimination under Article 15 of the Indian Constitution, consider the following statements:

1.Article 15 prohibits only explicitly discriminatory state action, not facially neutral action with discriminatory effect.

2.A state order restricting food sales that disproportionately affects communities defined by dietary practice may engage Article 15.

3.The Supreme Court in Anuj Garg v. Hotel Association of India held that facially neutral laws with discriminatory effect on a protected group are constitutionally suspect.

Which of the statements given above is/are correct?

A1 and 2 only
B2 and 3 only
C1 and 3 only
D1, 2 and 3
Sign up to check your answer & see the explanation

Want the full note, Prelims Facts & MCQ answers?

Create a free account — takes less than a minute.

Create free account