Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 11]
J Nagarathna: it is easy to get articles written for the purpose of PIL
CJI: please come to this page, we entertained the PIL based on these which should have been thrown out outright.
court questions what objective the president of the associations have in filing PIL
J Nagarathna: rather than ensuring that he could have provided security, he could have ensured that there is no need for security threat at all b
J Nagarathna: rather than ensuring that he could have provided security, he could have ensured that there is no need for security threat at all by not entertaining the PIL
Gupta: constitutional morality is the law of the land today. Justice Karol, when he was a CJ in Tripura, there was a ritual of animal sacrifice and after sabarimala, he read that animal sacrifice is not essential religious practice- the moment sabarimala is [titled] towards religion, this will also be affected
Gupta: whole generation is here because of womanhood, now the womanhood has been challenged.
reference has been made because of these case and the court took the alibi.
article 25(2)(b) doesn't exist independently-in sabarimala case, the right is exercised under this. but in exercise of powers conferred under section 4 of the Kerala Entry Act for framing rules, it provided rule 3b that women are not allowed under time as per custom or usage- there can't be any custom like this.
Gupta: mylords heard about the Epstein files? its a religious place, not some...the [god] is considered as Shaitaan.
Gupta: when raja ranjeet singh died, he had 53 wives-some ladies and princess were burnt alive-this logic the other side is taking this is my religion, don't touch it. this court will have to be very careful.
Gupta: exclusionary practices-any kind of bodily mutilation of any male or female, should not be subjected to such practices. it is not essential part of Islam- male circumcision. if reforms come out, people start crying that its an essential practice.
Gupta: american constitution is 200 years old and first amendment for the right to religious-we have gone far away from there. for the Sati prohibition Bill-one hindu raja had a resolution that whosoever supports will be ex-communicated.
Gupta; why there was a need for article 26(b)? the expression in a is religious and charitable, and 'and' and not 'or'- trusts are running hundreds of schools. all these religious and charitable institutions must not be interfered with. ok, some powers are carved out for religious denominations but they shouldn't be keep so high that it can't be judicially reviewed.