The Constitutional Blind Spot: The Article 26 Injustice Against Hindus

Article 26 protections are based on the term “religious denomination,” defined using Western-Christian concepts that don’t reflect the pluralistic and decentralized nature of Hindu Dharma.

Hindu sampradayas, lacking rigid hierarchies or exclusive structures, often fail to qualify as “denominations,” leaving many temples and communities unprotected under the current legal interpretation.

Nearly two-thirds of Hindus who don’t affiliate with a specific sect or matha are automatically denied Article 26 rights, despite their deep spiritual practices and traditions.

Christian-style religious institutions enjoy constitutional safeguards, while Hindu temples—especially independent or local ones—remain under state control due to this flawed interpretive framework.

To ensure justice, Article 26 must be reinterpreted through the lens of Hindu civilizational realities, recognizing the legitimacy of diverse spiritual traditions and the lived faith of ordinary Hindus.