Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 11]
Hey CLAT aspirants! This Sabarimala reference is a big deal for your GK, touching on fundamental rights and judicial review. Basically, a 9-judge Supreme Court bench isn't just reviewing the old verdict; they're looking at huge constitutional questions. They're debating things like the 'Essential Religious Practice' test , what truly counts as a core religious belief? And how does 'Constitutional Morality' apply when it comes to religious customs? Justice Nagarathna even brought up Article 17, questioning if excluding women for a few days is like untouchability. They're also discussing the balance between denominational rights and the state's power to reform. Bottom line for the exam, really understand Articles 25, 26, 27, the ERP test, and the tension between religious freedom and social reform. It's all about fundamental rights.
Today is the eleventh day of arguments before the 9-judge bench of the Supreme Court in the Sabarimala reference.
Apart from CJI Surya Kant, the Bench comprises Justice BV Nagarathna, Justice MM Sundresh, Justice Ahsanuddin Amanullah, Justice Aravind Kumar, Justice Augustine George Masih, Justice Prasanna B Varale, Justice R Mahadevan and Justice Joymalya Bagchi.
Not Reviewing Sabarimala Verdict In Reference; Only Considering Constitutional Questions, Says Supreme Court
'There Can't Be Untouchability For 3 Days A Month', Justice Nagarathna On Article 17 Application In Sabarimala Case
India Not Patriarchal Or Gender Stereotyped As The West Understands : Solicitor General To Supreme Court In Sabarimala Reference
Reports from Day 2 Hearing are given below :
Sabarimala Reference | Never Understood What Transformative Constitutionalism Is : Solicitor General Questions 'Constitutional Morality'
How Can Non-Devotees Of Lord Ayyappa Challenge Sabarimala Custom? Supreme Court Asks
Sabarimala Reference | Judicial Review Over Superstitious Practices Not Barred, Says Supreme Court In Hearing
Sabarimala Reference | Centre Questions Verdicts Decriminalising Adultery & Homosexuality For Applying 'Constitutional Morality'
Reports from Day 3 Hearing are given below :
Excluding Other Denominations From Temples Will Affect Hinduism : Supreme Court In Sabarimala Reference Hearing
Sampradayas Attached To Temple Must Be Followed While Visiting It: Supreme Court In Sabarimala Reference Hearing
There Are Temples Where Only Women Can Go : Centre To Supreme Court In Sabarimala Reference
Reports from Day 4 Hearing are given below :
Difficult To Declare Belief Of Millions Wrong : Supreme Court In Sabarimala Reference Hearing
Sabarimala Reference | Can't Hollow Out Religion In The Name Of Social Reform, Supreme Court Says In Hearing
Sabarimala | Visit Of Fertile Women Antithetical To Deity's Identity; They Can Visit Other Ayyappa Temples : TDB To Supreme Court
'Constitutional Morality' In Religious Matters Like A Bull In A China Shop : Singhvi Tells Supreme Court In Sabarimala Reference
Women In South Avoid Temples During Menstruation As Matter Of Belief : Lawyer Tells Supreme Court In Sabarimala Reference
Sabarimala Reference | Correct Test Is If Religious Belief Is Bona Fide, Not If It's Essential : Rajeev Dhavan To Supreme Court
Sabarimala Reference | If Believer Prevented From Touching Deity Only Due To Birth, Can't Constitution Intervene? Supreme Court Asks
Sabarimala Reference | Supreme Court Debates Essential Religious Practice Test, Denominational Rights vs State Reform Power
Can't Lay Down Blanket Rules On State Interference In Religion For Social Reform : Supreme Court In Sabarimala Reference Hearing
Sabarimala Reference | How Can Judgment Be Challenged In Writ? Supreme Court Questions Plea Against Dawoodi Bohra Practice
Can't Take Information From 'WhatsApp University': Justice Nagarathna
No Restriction On Women To Enter Mosque For Namaz; ERP Tests Wrongly Applied To Islam : AIMPLB Tells Supreme Court
Sabarimala Reference | Art 25(2)(b) Mentions Throwing Open Of Only Temples Since Caste System Is Not In Other Religions : Justice Nagarathna
'Don't Argue Like This' : Supreme Court Rebukes Lawyer In Sabarimala Reference Hearing
'We Can't Be Part Of Annihilation Of Religion; Let's Not Open Age Old Customs' : Supreme Court In Sabarimala Reference Hearing [Day 10]
Women Who Are True Devotees Of Lord Ayyappa Won't Go To Sabarimala Till They Attain 50 Years : Supreme Court[Day 10]
Khambata: we have set out in page 4 that there is no set practice in religion. the bombay parsi trust has itself passed a resolution in 1991 to allow enter of women, and we have placed material records that all permit entry. this, the new trustee decided that we will impose our personal view. this is not even uniform, all these questions will arise and I submit that some judicial review is necessary and a handoff approach can't be adopted.
Sr Adv Darius Khambata: there is a bombay HC judgment based on 60 evidence, it found that conversion was permissible but since their advertment, they have never attempted to convert other people into their religion. a minority under minority has survived for 1200 years. this is because of tolerance.
J Nagarathna: there is that story of what priest today
Adv 1: one other thing is that Zoostarian has been described as religion of free will-so its very difficult to find that just because you marriage you are excommunicated
Adv1: this is a man-made imposition, otherwise a very great religion
Adv 1: I have extracted 2 findings by HC- women can continue to exercise her religion and we are not shown any material that women's entry into fire temple is essential and would violate the right- we would be able to show ex facie that women are to be excluded from inter religios marriage. there is an unbroken practice that zorastrian man marrying a non zorastrian, they and their children have no such prohibition
Adv1: all anti-conversion laws based on coercion etc will be rendered unless because of this. the dignity of women is seriously undermined, would violate articles 14, 19 and 21.
I have set out that this is a trust [petitioner] is for the benefit of zorastrian community and for education, health etc. it has no prohibition
J Bagchi: when trust opposed the writ petition, did it take any specific stand that the religious prohibit etc?
Adv 1: the findings which i have set any maligns on whether there is any such prohibition.
Adv 1(Parsi Zorastrian lady who married a Hindu): mylords in answering 7 questions will have to contemplate millions of scenarios. only for context, I have prepared a very short factual note on the matter I appear.
her parents are resident in gujarat and she found that similar ladies were denied funeral rights and sough right against a trust-that just because I married hindu, please don't stop me. in that context, Gujarat HC said that its a deemed conversion even under the special marriage act, her religious identity merges with that of the husband.
Advocate 1: we have heard my arguments and submissions. I would start my saying we are trying to resolve a problem which affects our country, it should be a collaboration exercise.
J Nagarathna: public interest litigation has been private, paisa, and publicity interest litigation
CJI: it is not even an article, it is a misconduct by some individual. the action or reaction should have been to make the guilty person in accordance with law