Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 14]

Guruswamy: When society is in a transitory stage, leaving the past, going to the future, there are bound to be opposing considerations: one pulling towards the past and one pulling towards the future and the test that we can apply is no other than the test of one's conscience. I have not the slightest doubt in my mind that the provision of this Bill are in perfect consonance with the conscience of the community, and I have therefore, no hesitation in putting forth this measure although it may be as a matter of fact that a large majority of our countrymen do not accept it.

Guruswamy: any constitution hearing must start with reference to Dr Ambedkar. I want to cite him for the man he was as he experienced caste [discrimination]. Even Dr Ambedkar was not allowed entry into the puri temple in 1945 owing to his caste, he was with Lord Mountbatten who was accorded red carpet entry.

J Nagarathna: article 25(2) is not restricted to only hindus and so far as hindus are concerned, it concerns throwing open under article 25(2)(b)

J Sundresh: social reform having effect on religious and caste

Guruswamy: we must be confident of our old religion to say that most practice needed reformation. please see articles 16(4), 17.

J Bagchi: Article 16(4) has to be read with 16(5)

J Sundresh: reform is with respect of the society

Guruswamy: we can see the constitutional framework for reform within Hinduism is reflected in provisions which seeks eradicate caste-articles 15(2), (3) and (4)

J Bagchi: in others state is not religious, but india state is religious agnoistic

Guruswamy: its also unique because it reforms

Guruswamy: 4 propositions I would like to advance which are distinct

1. the constitution envisages reform of Hinduism, which has confidently accommodated such reforms

textually, the indian constitution framers occupy unique constitutional position as against other constitutions of US and Germany where there are unfettered rights. our constitutional ethos are distinct, it has confidence in faith which we profess and also in the constitution.

this is not just about articles 25 and 26. it started must early

2. the use of word manage as opposed to control shows the constitutional intent

3. the test of proportionality ought to be employed to resolve conflicts between individual v collective rights

4. morality under articles 25 and 26 is the extension of core values of the constitution

5. sections of hindus include women

Guruswamy: exclusion comes in many form and also at the highest temple of justice.

J Sundresh: after 20 years you would be here and we won't be so you would be looking for a man

J Nagarathna: you would have 9 women judges bench

CJI: we don't to see them in a portrait. We went to see them alive

Senior Advocate Menaka Guruswamy: I wanted to assist only on legal interpretation. I appear for founder of bandhua mukti morcha.

Hedge: please don't see this as sabarimala

CJI: don't be under the heavy burden of sabarimala

Hegde: changing the title would help-make it In Re Articles 25 and 26

Hegde: there are certain temples where people finish ritual means, some devotees roll on those leaves...that state government has prohibited. there are lines that have been drawn and any line drawn by the state can't be totally exclusionary.

J Nagarathna: nobody is forced to do mudasnanay. a person who wants to do can do it

Hegde: in a religious public place as a matter of social reform the law can come in because it transmutes to the society

J Nagarathna: Definitely, the state can step in.

Hegde: the state can say do it but on in public place. today a temple in uttarakhand says...if a practice wearing religious clothes is so irrational