On November 27, 2024, the Delhi High Court refused to entertain a Public Interest Litigation (PIL) that sought the constitution of a 'Sanatan Dharma Raksha Board'. The PIL was filed with the aim of establishing a board to protect and promote Sanatan Dharma, a term often used to refer to the ancient religious practices associated with Hinduism. However, the bench, led by Chief Justice Manmohan and Justice Tushar Rao Gedela, noted that the matter fell within the policy domain and that it was not within the judiciary's purview to direct the creation of such a board.

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Court's Response and Remarks

During the hearing, Chief Justice Manmohan made it clear that the court could not intervene in such matters, saying, “You have to go to the government. We don’t do this. They (MPs) will raise it in Parliament. We can't do anything in this. We can't say create a trust.” He emphasized that similar boards for other religions existed, but he was not aware of the specific issue being raised in the PIL.

The bench further remarked that it lacked the knowledge and capability to issue the directive sought by the petitioner. It highlighted that the creation of a Sanatan Dharma Raksha Board was a matter for the government to decide, and the petitioner should consider approaching the government directly. The court also acknowledged that while the Centre had not yet responded to the petitioner’s representation, the issue at hand was best suited for policy discussions.

The Legal and Political Implications

The court’s decision reiterates the principle that judicial intervention in matters of public policy should be limited, particularly when such issues fall under the executive or legislative domain. The petitioner has now been advised to pursue the matter through Parliamentary channels, where lawmakers can raise it and seek appropriate action from the government.

As this issue evolves, it will be interesting to see how the government and Parliament respond to calls for the establishment of such religious boards, particularly in the context of religious representation and protection in India. Political leaders and religious groups may take up the matter further, either through public advocacy or official representations to the government.

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