"We should show how utterly false is the propaganda of the fundamentalists. “The judgment goes against Article 25 which guarantees freedom of religion,’ they said in the case of Shah Bano, they say now in the case of Justice Tilhari. In fact, Article 25 makes freedom of religion subject to public order, morality and health and the other provisions of the Fundamental Rights part of the Constitution—the right to equality and the rest—all of which are violated by the talaq-power. The same article specifically provides that nothing in regard to freedom of religion shall affect the power of the state to make any law to regulate or restrict, inter alia, any secular activity of any religious group, nor to provide for social welfare and reform. ‘But no such law can be passed because of the Shariat Act of 1937,’ they say. It isn’t just that if that Act restricts the power of the state in ways not permitted by the Constitution then that provision of the Act is ultra vires and void.’ The fact is that the Shariat Act imposes no restriction of the sort at all. As I have pointed out earlier in A Secular Agenda the original bill provided, ‘Notwithstanding any custom or usage or law to the contrary’ in matters like marriage and divorce, where the parties are Muslim, shariah shall apply. But the words ‘or law’ were specifically dropped, and so since 1937 the Act has only said, ‘Notwithstanding any custom or usage to the contrary... the Shariat shall apply.’ Wherever there is a law to the contrary, it is the law which is to prevail. That is so manifestly the position. And yet the denunciation proceeds, ‘It violates Articles 25, it is contrary to the Shariat Act.’ The liberal must nail these gross misrepresentations, so that the poor and ignorant masses are not further misled and inflamed."
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Arun Shourie - The World of Fatwas Or The Sharia in Action (2012, Harper Collins)
https://en.wikiquote.org/wiki/Constitution_of_India
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Constitution of India
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