Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 11]

Khambata: it must be proven that its a bona fide practice followed.

J Sundresh: we take its a common belief and we trace it under article 25(1). now as individual you are questioning it and the religion denomination woudl presume it reflects common belief?

J Sundresh: can member of denomination question religious practice that affects it? in that case, will it be termed as continuing member of the denomination or he automatically goes out? if he goes out, can he trace it under article 25(1), what is the remedy available?

Khambata: if we read article 26 as not being fettered, question arises

J Bagchi: that will come in individual cases

Khambata: when a religious denomination propagates a religion, can you say it's not available?

J Bagchi: this will come from article 25

J Bagchi: some degree of meaning to this dictomy to this difference although all fundamental rights are equal but some are more equal. When article 25 is elevated...you are trying to make us go beyond devaru

J Bagchi: would you extend it to equality between individuals and denomination?

Khambata: if one reads article 25 and 26, if they are compact, it will not give primacy and will have to be read together.

Khambata: there are guidance proportionality, double proportionality. article 25(1) itself speaks of equality and all persons are equally entitled and therefore its textually embedded.

what is equality-learned solicitor said it needs to be restricted but i don't think, there is no reason why gender equality can't come

J Amanullah: on lighter vein, every counsel says balance but tell us how to balance

J Amanullah: even if this is subject to something that is not abhorrent

J Bagchi: what you are saying is the ratio of davaru that there must be harmonisation

Khambata: very early judgment on balancing and proportionality

J Nagarathna: article 25(1)(b) will apply so long as there is no breach of article 25(1) and this will taken in its fold article 26

Khambata: most cases the institution is set up for entire religion benefit.

J Amanullah: that is why the words customs and usages are used

Khambata: see my case, overwhelming material supports there is no practice.

J Amanullah: a denomination may by itself have a different right but it may have a special different right than individual so tracing it to article 25

Khambata: a religious denomination has rights to manage, adminsiter properties etc. now, these are specifies to denominations but the foundations of these rights has to be right under article 25

J Amanullah: there is continuity but there is disconnect. if I am a believer, and I pray in my home but if I become denomination, it says if you practice in this temple, it may practice so just because I have a right to practice I will to practice in certain way

Khambata: they have commonality. I belong to particular denomination different from other religion- if that religious denomination sets up a denomination-if that is setting up through a document, then that deed has to be followed- it can't say though I am set up in a charitable trust, it will not have to follow

even a religious denomination has to establish that its sincere a part of that religion