Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 14]
Today is the 14th day of arguments before the 9-judge bench of the Supreme Court in the Sabarimala reference.Apart from CJI Surya Kant, the Bench comprises Justice BV Nagarathna, Justice MM Sundresh, Justice Ahsanuddin Amanullah, Justice Aravind Kumar, Justice Augustine George Masih, Justice Prasanna B Varale, Justice R Mahadevan and Justice Joymalya Bagchi.Day 1 Reports :Not Reviewing...
Today is the 14th day of arguments before the 9-judge bench of the Supreme Court in the Sabarimala reference.
Apart from CJI Surya Kant, the Bench comprises Justice BV Nagarathna, Justice MM Sundresh, Justice Ahsanuddin Amanullah, Justice Aravind Kumar, Justice Augustine George Masih, Justice Prasanna B Varale, Justice R Mahadevan and Justice Joymalya Bagchi.
How Can Non-Devotees Of Lord Ayyappa Challenge Sabarimala Custom? Supreme Court Asks
Reports from Day 3 Hearing are given below :
There Are Temples Where Only Women Can Go : Centre To Supreme Court In Sabarimala Reference
Reports from Day 4 Hearing are given below :
Difficult To Declare Belief Of Millions Wrong : Supreme Court In Sabarimala Reference Hearing
Reports from Day 5 hearing :
Day 6 hearing reports :
Day 7 hearing reports :
Day 8 reports :
Can't Take Information From 'WhatsApp University': Justice Nagarathna
Day 9 reports :
'Don't Argue Like This' : Supreme Court Rebukes Lawyer In Sabarimala Reference Hearing
Day 10 reports :
Day 11 reports :
Day 12 reports :
Day 13 Reports :
Follow this page for today's live updates :
Advocate 2: there can be transformational school campaigns etc to make girls aware. on the question of locus. I belong to a small town in Haryana, when young girls are conditioned.
Advocate 2: what happened in brown v board of education- blacks were not allowed but the supreme court US struck down but there was a lot of protect, the same thing is happening in sabarimala.
CJI: excellant argumentation..
Advocate 2: whenever there is confusion and ambiguity, the interpretation closer to the preamble has to be considered.
Deshmukh: reads argument on essential religious practice of evolution- therefore ERP is not a straighjacket formula. for instance, sati may be essential but since it violated part III, it has to be set aside
J Nagarathna: it was not religious but social practice.
Deshmukh: although explicitly article 25(1) has been made subject to part III and article 26 hasn't it is because both have to be read together.
Adv Shradha Deshmukh: article 27 is although it is a right given to an individual, if the proceeds are used to maintain religion, it ties with words in article 26 which also uses 'manage'.
Deshmukh: articles 15, 16, 29(2) are all individual rights as far as it determines individual rights. article 31 guarantees to all minorities on grounds of religion to establish institution, this is nothing but rights under article 26.
Adv: article 25 protects right to practice religion and it empowers state to regulate religious practice. right to practice religion is different from religious practice where the latter belongs to the custom. in hindu, saptadi is a religious practice but how i want it to be ordained is my right to practice religion.
Farasat: on sections of hindu, it is distinct from classes. article 29 uses it singularly. any section of the citizens....-section is not the same as classes. so it has to have a meaning different from classes. article 25 has sections.
if mylords not include women in sections, then word's interpretation would be discriminatory.
Adv 1: when I went to the provisions of the constitution, the words 'all persons' have used only in article 25. I took the aid of the general clauses act, the word persons defined shall include company, body of individuals etc- you have not included individuals but also denomination and sections there of.
it is also evident from the constituent assembly debates- even when draft article 19 was being debated, it was understood as community interest.
Farasat: when mylords are tested article 25, three will prevail articles 17, 23 and 24, it will always prevail and as for other, proportionality test would be used.
Farasat: if a person is sincere in his belief, mylords will say you will come under article 25(1) and then consider it against other competing rights
J Sundresh; whether essential or integral, its not reflected in the constitutional scheme, it says only secular and religious. the test is whether it involves a secular practice.