Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 15]
Gopal: the tension between democracy and theocracy was there in the Ireland Constitution. A clause was adopted [freedom of manage affairs], our constitution limits it to manage religious affairs.
CJI: eventually what was approved was what Dr Ambedkar strongly approved.
SG Mehta: it was rejected as being a criminal offence [on right of conversion]
Advocate Mohan Gopal: August 1947, Dr Ambedkar submitted a proposal to the sub committee on fundamental rights a document containing the right to religion.
Gopal: this is the heart of the freedom of conscience that I am not bound to follow the religious instructions which also includes to not enter here or there etc.
Gopal: so ensuring equality within the religion is within article 25(1). so the option of becoming a corporate body has become a fundamental right.
Advocate 1: my central point is to address the issue of social justice within religious communities. we are assuming part III standing alone and Article 26 on the other side. in 20th century there was a battle of religion, and I stand here on behalf of organisation Narayana Guru.
can space be given in the architecture to these forces so that they are complementary and supplement.
CJI: to my mind, that right is there
Advocate: i will show that attempts have been made to silence these voices.