in ,

Bigger bench for Sabarimala, open to women for now – Times of India, The Times of India

Bigger bench for Sabarimala, open to women for now – Times of India, The Times of India


File photo of the Ayyappa temple at Sabarimala. (ANI photo)

NEW DELHI: The Supreme Court on Thursday did not alter its ruling allowing women of all ages to enter the Ayyappa temple atSabarimalabut asked a seven-judge bench to evolve guidelines to decide cases involving a clash between the right to equality and the right of denominations to follow their customs – a tussle that has been brought to the fore by the campaign to let women into temples, mosques andParsiagiyaris (fire temples).
A five-judge bench of CJIRanjan Gogoiand Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra, by a 3-2 majority, said the seven-judge bench would evolve a comprehensive judicial policy to guide the court in future adjudication of cases of conflict between citizens’ right to equality and a believer’s faith in religious practices and customs.

CJI Gogoi, in a nine-page judgment also written on behalf of Justices Khanwilkar and Malhotra, said reference to a seven-judge bench was needed as the possibility of a collision between fundamental rights – between the right to equality on the one hand and the right of individuals to practice their faith and of denominations to follow their affairs on the other – went beyond the Sabarimala temple entry case.
The conflict has also inspired petitions “regarding entry of Muslim women in dargah / mosque, Parsi women married to a non-Parsi in agiyaris and the practice of female genital mutilation in theDawoodi Bohracommunity ”.
But in their minority opinion, Justices Nariman and Chandrachud responded with a 59 – page dissent criticizing the CJI for raking up future cases of likely faith versus fundamental rights scenarios. They said the case in hand related to the entry of women into Sabarimala temple, comprehensively decided on September 28, 2018, and the present five- judge bench should not be concerned about pending petitions.
They said the previous judgment must be implemented in letter and spirit and any attempt to thwart – or encouragement to thwart it – “ cannot be countenanced ”. The two judges told the Kerala government to evolve a consensus by holding talks with various stakeholders in the Sabarimala case to ensure the entry of women of all ages into the temple.
CJI Gogoi, however, raised a seminal issue – the power of constitutional courts to tread on questions such as those involving a particular custom which, while essential to a religion, happens to be violative of fundamental rights. “It is time that this court should evolve a judicial policy befitting its plenary powers to do substantial and complete justice and for an authoritative enunciation of the constitutional principles by a larger bench of not less than seven judges,” he said. “It is essential to adhere to judicial discipline and propriety when more than one petition is pending on the same, similar or overlapping issue in the same court for which all cases must proceed together,” he said.
The majority judgment said the seven-judge bench would also decide if the Kerala Hindu Places of Public Worship (Authorization of Entry) Rules, 1965, mandating the entry of all Hindus into all temples, applied to Sabarimala . It said the bench would “grant fresh opportunity to all interested parties” and consider their arguments.
In 2018, then CJI Dipak Misra and Justices AM Khanwilkar, Nariman and Chandrachud had all veered to the conclusion that women of all ages be allowed to enter Sabarimala as the custom barring females in the 10 – 50 age group smacked of a gender bias that violated the right to equality. However, Justice Malhotra had penned a strong dissent, warning courts against venturing into the field of faith and customs.

Brave Browser
Read More
Payeer

What do you think?

Leave a Reply

Your email address will not be published. Required fields are marked *

GIPHY App Key not set. Please check settings

Ajit Pai’s endless fight against local regulation faces a new test in court, Ars Technica

Ajit Pai’s endless fight against local regulation faces a new test in court, Ars Technica

The new AirFly Pro is the perfect travel buddy for your AirPods Pro – TechCrunch, TechCrunch

The new AirFly Pro is the perfect travel buddy for your AirPods Pro – TechCrunch, TechCrunch