Sr Adv Gopal Shankarnaryan(appearing for review... ... Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 6]
Sr Adv Gopal Shankarnaryan(appearing for review petitioners and other group of devotees): I am completely in accord with Mr Subramanium that we shouldn't be looking at the facts of the individual case.
when mylords are looking at it from the perspective of 9 judges, we are transporting ourselves back to 1950 effectively. And all judgments which have come before would possibly give some guidance. The approach I am adopting is to first look at the larger scheme of the Part III of the Constitution in the backdrop of religion and denominations.
2. bearing in mind what specifically are the religious practices and issues that we constantly see. look at different aspects. one is looking at mutiliation, the other is looking at parsi women marrying outside her community and if she is allowed entry into the fire temple-there are different issues that keep coming at every stage. We have had the issue with hijabs in schools.
So there are multiple issues which will arise in a country which is so rich in its culture and so rich in the practices that you have. In this backdrop, I was wondering we if could explore how Articles 25 and 26 lies and its interaction and what flows from it.