Subramanium: that is why I am saying, please treat... ... Sabarimala Reference | Live Updates From Supreme Court 9-Judge Bench [Day 7]

Subramanium: that is why I am saying, please treat that there is an element of automatic strict scrutiny when you come to the words in clause b because you are passing a law to invade religious freedoms.

J Nagarathna: conversely, such a ban is questioned in a court of law, can the ban is struck down that it is not an essential religious practice?

Subramanium: it can be. that is why, please don't throw away the idea, please don't jettison the essential religious practice. but i will tell you how useful it is. J Gajendra in Dargah Committee, he was a progressive judge but also profoundly learned, he said don't allow anything extraneous (he used the word superstitious) to come into religious faith. it is completely unobjectionable because when a religous right is asserted the court will take care to see its a valuable religious right which is asserted.