Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 10]
Jaising: all states have been laws on temple entry laws.
J Bagchi: this is exact situation where article 32 or 226 powers come. every state has articulated their constitutional position but there is no law on non hindu institutions. can the court say something on non-hindu institutions?
Jaising: why was UCC put in DPSP? because its a policy decision. india doesn't have all india UCC but we have all hindu succession act etc
Jaising: if there was no article 26, does it follow that you can't form an association? you can.
J Bagchi: charter of association will not be subordinated to the status of fundamental rights. some argument was made to read article 26 with article 19(c). association right is protected but the rules are not protected.
Jaising: article 25 is an individual right-if there was no article 25(1) would there be 26(b)? its inextricably linked.
Jaising: these are really difficult cases that will come to the supreme court- if someone wants to write a judgment of 10 important cases gender will come here up. its a task because these are issues of the court and they will keep on coming to the court.
Jaising:if you accept the case of merger, then the marital rape case is there before you. marriage is an institution of equality and they must necessarily respect each other, its about affection. but you use coverture, you say you have deemed to have given consent for sexual...government of india is justifying. Delhi HC has come in split.
Jaising: if I adopting a new religion as an act of conscience, then I adopt the ritualistic...religion is a matter of status. religion is inherited at birth, I take religion of my parents in law. only at 18, i can decide if I want to remain or exist.
J Nagarathna: we have also given a judgment -if a sikkim woman marries non sikkimis, she loses her income tax exemption
J Bagchi: what happens to Parsi man who marries [non parsi]
Jaising: nothing happens
J Bagchi: classification is clearly on gender
Jaising: its based on doctrine of coverture
J Bagchi: its there in joseph shrine and if we uphold that, the criticism goes
J Nagarathna: there the question probably was can the women be discriminated just because of marriage, it is different from sabarimala
Jaising: I am losing my status they say I become a Hindu just by marrying a hindu
J Amanullah: just because I married somebody, you can't give a judgment that I have challenged my religion-this is your argument?
Jaising: yes, there is nothing called deemed conversion
J Nagarathna: there the question probably was can the women be discriminated just because of marriage, it is different from sabarimala
Jaising: I am losing my status they say I become a Hindu just by marrying a hindu
J Amanullah: just because I married somebody, you can't give a judgment that I have challenged my religion-this is your argument?
Jaising: yes, there is nothing called deemed conversion