About:
- The Dawoodi Bohras are members of the Muslim community’s Shia sect.
- Their leader is known as the Al-Dai-Al-Mutlaq. For over 400 years, the leader has been based out of India, including the current and the 53rd leader, His Holiness Dr Syedna Mufaddal Saifuddin.
- Around 1 million members of the community are spread across the world.
- The leader of the community is recognised by the members as having the right to excommunicate its members. In practice, being excommunicated includes not being allowed to access a mosque belonging to the community or a burial dedicated to the community.
Bombay Prevention of Excommunication Act, 1949
- It was enacted to stop the practice of excommunication prevalent in certain communities, as it led to the deprivation of legitimate rights and privileges of its members and in “keeping with the spirit of changing times and in public interest”.
- The 51st leader of the community challenged the constitutional validity of the act in 1962, stating it violated fundamental rights guaranteed in Constitution under Article 25 and Article 26.
- The SC held in 1962 held that the power to excommunicate is is an essential part of the community. It's objective is to enforce discipline and preserve the denomination, not to punish.
