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

Hegde: prominent amongst them was women of Naishik who claimed entry. it is in this context of temple entry and social reform and between 1946 and 1949, please see the historical context of what religious could do. we had holocaust, murder of Mahatma. when we grew up, we knew there are parts where extremism could not work.

Hegde: until the new raja came that everybody could enter and then maharaja from new state excommunicated everywhere from cochin. Dr Ambedkar wanted to bring water from public tank and he was not allowed, and satyagrah happened and while case was pending, his disciple launched another satyagraph in Nashik.

J Varale: Probably before gandhi processed, Dr Ambedkar asked people to now follow violence

Hegde: In 1925, a temple in south of cochin-the people could not enter and the roads were not accessible to depressed classes but also to other classes- the satyagraph was settled and it came from Periyar who participated and went on to say that there is no god. there was also narayan guru who said that the compromise gandhi came out was not acceptible that new roads would come up

Senior Advocate Sanjay Hegde: I appear on behalf of the rationalists for the Maharashtra Andhashraddha Nirmoolan Samiti. It is my respectful submission I stand in the pround tradition as somebody from Udupi where both shirur mutt and devaru came.

Hegde: speaking from a rationalist perspective, we are not atheist. we are people who say that look, everything including religious as to go through the filter of reason.

Hegde: it is also relevant with the actual constitutional history and history of these two provisions. one should not take these two provisions alone, please bear in mind the historical moment in which this court was forged. we are a deeply religious ritualistic country, we suffered partition because we couldn't accommodate certain religious identities and our constitution was written in backdrop of imperialism and also social struggle within ourselves.

Hansaria: I have annexed a list of religious institution except in 5 cases, all 36 well known religious practice

CJI: there might be 100 and 1000s of religious places and we will not be able to have all...all these things

Hansaria: there is no other temple where women are not permitted as all

J Nagarathna: they can go to any other lord ayyappa temple. wait till 50

CJI: the new thing which you argued is based on the categorisation of various provisions of the constitution, that part we appreciate. the second is the social reform.

Hansaria: third, the classification has to met the twin test of article 14

Hansaria: courts responsibilty also comes to remove the taboo, there is a Jaya Thakur judgment. social reform is a part of morality, you can't say its an immoral act. opposing a social reform is an immoral act

J Nagarathna: there is a right to conscience also

CJI: courts would be extreme reluctant to pronounce a judgment in future. if a people through their elected represented say it requires a social reform the court will consider it

J Sundresh: there is no restriction in any other temple

Hansaria: social reform requires that if a law is made under article 25(2)(b) it can't be struck down on groups of religious practice.

J Nagarathna: it is a state which made the court and this court struck down

Hansaria: in the context of the Sabrimala temple some facts as necessary. consider me as a 10 year girl, regarding menstruation it is a taboo which J Mahadevan said in a recent judgment

J Nagarathna: if you consider it a taboo, it is a taboo and if you can't consider then its not. question is how you do it whether you are a devotee