Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 3]
Vaidyanathan-the gods have distinct forms and article 25 also protects religious rights of persons with respect to deity and this also protects the right to worship the specific manifestation of deity which has to be articulated and understood as per religious tenets and faith
Sr Adv CS Vaidyanathan( for Nair Service Society, Ayyappa Seva Samajam, Kerala Kshetra Samrakshana Samiti, and others)
ASG Banerjee: other two provisions-for the word moral- the word hindi used is Sadachar. I have described in detail that there is no scope for something like constitutional morality to be read.
ASG Vikram Banerjee- I have two points- there is an authoritative hindi version and in terms of which-as Nataraj has said- religioous denomination has to be interpreted as sampraya.
Nataraj- similarly liquor is given as prasad in south indian temples- tomorrow you can't object that don't give liquor
Nataraj- similarly liquor is given as prasad in south indian temples- tomorrow you can't object that don't give liquor
Nataraj- let us take an example in many temples, vegetarian food is served and a person by choice or conscience says he want to have non-vegeratian food, he can't go to a particular denomination and say i have the right and it should be served to me-he has no right to invade the right of those believers
J Bagchi- an atheist, propounding his right under article 25(1), will he or will he not be subjected to the sampraday collective faith?
nataraj- he has a right to introspect but he can't question somebody's right
Nataraj- he can't, he is a non-believer he doesn't belief in that sampraday
J Bagchi-essentiality is not forseated on secular character but with its relation to tenet and belief of sampradaya
nataraj-even for not believing a sampraday you can't be ex-communicated, you have independent right of existence
J Bagchi- that is why i said to you the change can be by a non-believer of a believer's existing customs interfering with his freedom of conscience