Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 10]

Jaising:lets take the case of FGM-there is an organisation claiming that in exercise of religion, they have power to perform female genital mutilation on girl child of 7 years of age. this is in the name of religion.

why has this court used the word egregious in their judgments? the other side is conceding that this is the limitation. if you claim autonomy, how do you say egregious customs are out

apart from FGM, you have a petition on boycott and another is if a parsi women marries non-parsi, she can't be a part of the funeral process. Mr Subramanium appeared, and when petition was filed, his father was there and J Dipak Misra asked if they will allow the woman to attend her father's funeral-mr subramanium said they will allow.

court said if a women marries a non parsi she loses ther religion. did i lose my religion? i married under special marriage law, my husband is a hindu. Gujarat HC said if parsi woman marries non marriage, she ceases to be parsi due to deemed conversion.

aising: I don't accept the submission that morality is public morality-public can be full of prejudice.

Jaising: this court has made a reference on ex communication in dawoodi bohra-they didn't decide since a reference was pending here. J Oka here refers to the doctrine of living trees.

even in private law, when the question was what is public policy-they used constitutional principles only.

Jaising: privacy is the ultimate sanctity of the individual. this might answer what is conscience-it is a part of right to privacy because you can't sit in judgment.

Jaising: we are not asking constitutional morality to go beyond the confines of constitution. india has no separate courts to deal with issues of religion. we may have in Pakistan or Bangladesh. in this situation you can't shut down the disputes brought in by people

Jaising: constitutional morality narrows down the vagueness. in very judgment, the court has said we draw powers from the preamble, FRs and DPSP. in the best of my knowledge, no law has been struck down on constitutional morality.

Jaising: there is no norm higher than the constitution. everything else has to be judged in the juxtaposition of the gurudnorm. otherside said no judicial review but moral conscience of the court is redeemed by judicial review.

Jaising: this court has overuled AK Gopalan jurisprudence and said rights don't function in silos. this court has used concept of manifest arbitrariness to meet the challenges. constitutional document is written for the courts to elucidate the contents.

Jaising: our constitutional has a moral conscience. in a society structured on wealth and power, theology is a continued search. refers to a judgment- in a public lecture, J Gavai said this judgment reflects institutional failure and this inspired a journalism and he want to the woman who said my companion for 50 years has been humilitation. when told about pension and welfare scheme, she said she doesn't know how to use.

new form of inequalities are emerging for instance digital inequalities.

Jaising: how to read the constitution-reads her written submissions