Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 3]
nataraj- if you have faith, you have right under article 26 and if you have no faith, then no right.
these are the broad points i wish to elaborate
scope and contents of article 25(1)-includes not merely internal belief but also external manifestation of religious through practice and progation
nataraj: then public morality is the governing standard, and not the constitutional morality as interpreted earlier.
determination of essential religious practice is unsustainable in indian religious practice- we can't apply when indian religious as pluralistic
religious practices are to be internally assessed-judicially religious whether it is essential religious practice has limited scope
deity's right is an integral part of devotees right and protected under articles 25 and 26 and vice-versa
nataraj- kindly take my written note where i have pointed out 8 sailent aspects of rights.
scheme under articles 25 and 26 constitutes a three-tier mechanism. right under article 25 is two-fold, religious freedom and state power to regulate and article 25(2) further is two parts.
articles 25 and 26 must be harmonised, neither is subordinate. denomination must be understood in the indian context.
Nataraj: religious rights under the constitution are well kneaded under scheme of articles 25 and 26. there is a three-tier mechanism to protect religious rights under the constitution. first part of article 25 guarantees an individual right, second part is a regulatory mechanism and article 26 is a institutional right.
article 25(1) and 26 are well-connected, inter-connected giving right to individual. but however when it comes to regulatory mechanism it comes to article 26(2)
SG Mehta: i have confined my submissions on articles 25 and 26. there are other issues that is not arising. my argument is confined.
SG Mehta: and women are on the lower pedestral
refers to the written submissions- i have given instances of temples where men are not allowed, male priest are under a mandate to wash the feet of women devotees. there is one temple in Kerala, I read it in deal where men will go dressed as women-they go to beauty parlour and female family members help them dressed in saree and only male go.
so its not male or female centric religious female and this particular instance happens to be female centric
SG Mehta: sabarimala judgment proceeds on assumption that men are superior
hearing to begin soon.