Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 10]
Jaising: but its not a crime if a woman doesn't want to stay at home.
J Nagarathna: amongst hindu, when there is birth and death, they don't go because there are restraints. somebody tomorrow will file a petition and say I will go next day after death
Jaising: there is custom that woman who has given birth can't go. they go during the rice feeding ceremony. Raja took his wife during the first rice feeding ceremony. I am aware of those ceremonies, its followed in my home. I have no problem
J Nagarathna: the true devotees between 10 to 50 stay away at home and don't go
Jaising: untouchability is a species of discrimination. I told you after Bindu entered, they did a shudikaran. she was around 40. I filed a petition
J Nagarathna: had she gone earlier
Jaising: yes, her mother took
J Kumar: what did she do within 10 and 40
Jaising: she studied law, become a teacher and taught in law school
J Kumar: so suddenly when the judgment came [she went]
travancore*
Jaising: what is the parity between the SC and women who are considered as impure, polluted etc-parity is recorded in the commission report of the Travancore. in answer to custom and usage, if its eregagious then it must be.
Jaising: question of untouchability- I have put down the drafting history-it is not confined to scheduled caste untouchability but includes all forms.
pollution, purity and difilement- I was asked a question why should we get rid of all customs and usage- don't get but atleast get rid of egregious customs, the review petitioners agree.
movement of temple entry started in Kerala, it was actually for walking near the temple street. [refers to a report] on what is the status of temple entry in Kerala. that report concluded SC people were not allowed to walk around the roads.
History of transanvor, why article 15(2) there? they were not allowed to walk around the temple. Hindu law is not of religious but charitable and endownment.
J Amanullah: who is taking away your religion
Jaising: I will given an example of the parsi women's right being taken away. the relevance is its my choice when I want to cover. I say, I don't agree with tenets of Hindiums and I will to convert to Muslim- Dr Ambedkar said I was born a Hindu but I won't die one
Jaising: what does it mean right it rem-no one else can take it away from me, only I can renounce it.
Jaising: indian constitution was written for indian virtue. it was not written for groups. the constitution governs birth to death. religion may govern before birth or before death. the question is whether right to religion is governed by the constitution-it is an international human right. It is part of ICCPR-it is a civil and political right, immediately enforceable and from where there is no derogation permitted.
Jaising: to answer the question on incremental change? I challenged S. 6 of Hindu Guardian and Adoption Act. they didn't decide but interpreted 'in his absence' to say that it doesn't mean the father dies.
in sharaya bano- Justice Nariman, who himself is an ordained priest- he said it can't be done. the difference between hindu and muslim law is that when there is a doubt, it can be resolved by opinio juris
J Nagarathna: it was 3-2 in that and parliament took a cue and make a law
Jaising: we opposed it, it is already under challenge. it allowed a third party to challenge and we questioned it
J Nagarathna: when the society is ready for it, it can come [UCC]. now its coming state wise. when the parliament finds it can be done, the time will come.
Jaising: because legislative entry of religion is in concurrent list
J Bagchi: my question is not on what form UCC is brought. constitutional aspiration of UCC is admitted. can the social reforms understood in article 25(b) has to be linked with constitutional aspirations of DPSP that it will bring UCC. but if state fails to do it, can court bring incremental equality clauses. when it comes to religious freedoms, can we apply the test of equality to complete negate an integral practice of a religious