Venkatesh- a charity is per se secular but... ... Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 5]
Venkatesh- a charity is per se secular but religious charity would fall under religion only. what has happened we have expaned the scope of religious charity to bring it again within the ambit of charity and then say its a secular affair.
judicial policy has to be evolved that once it enters religious thicket, the charity per se, it should be protected under article 25(2)(a). On article 25(2)(b), throwing open to all classes would include every castes and communities. As a section of hindus, I regularly go to Sabarimala. Typically in a hindu religion in a yatra, all caste and community dissolve and it becomes section by. When we go to sabarimala pilgrimage, there is no caste and class, there is only one thing that sustains that is lord Ayyappas section which comprises of all sorts of devotees.
sections of is used for hindus intermixing of all classes and that should not be immobile. It means any section of hindus is allowed to enter a temple but when it comes to article 26(b), it is only to manage its own affairs.
for instance, several people come to watch supreme court proceedings- its like [temple] being thrown open but the registrar maintains and actually runs the affairs of the supreme court from administrative side. whosoever enters can't say by virtue of article 26(b) that I will manage the affairs of the Supreme Court.
Denomination is protected from management but everybody must be allowed and Devaru is a good law as far as temple entry is concerned. Article 26(b) must be allowed so that every distinct denomination or section must be allowed to move from one temple to another. as far as management is concerned, is must lie with the denomination and that must be protected.