Sabarimala Reference | Live Updates From Supreme Court 9-Judge Bench [Day 7]

Dwivedi: public order and health are actually facilitatives, they are not limitations at all. in order to practice our religion, we need peace, harmony. if there is a pandemic or something of that sort, the state has to facilitate the exercise of religious rights.

Dwivedi: our civilisation if its surviving today we owe a lot to hindu religion, religious denominations, bhakti movement etc. this was the positive aspect of religion. this is why the religious denomination was put separately to recognise their rights. the religion existed before the constitution, it wasn't a gift of the constitution. article 26 is a recognition of that, these denominations have united the country. religion unites but it divides also.

Dwivedi: We experienced civilisation and religious clash when we were colonised for long period of 800 years by the sultanates, mughals and then by the British. When the constitution was being framed simultaneously we were witnessing civil war because muslim league had decided to get partition of this country based on religion and they formed islamic republic of Pakistan. so this negative experience we had.

Dwivedi: experience brought bloodshed between catholics and protestents in europe, millions died in the battle to establish supremacy. there was crusades against Islam launched by Christianity and we also know that in the name of Jihad there was Islamic invasions in various areas. In India, we have long period of growth of religion. Our evolution was made more on debates.

Dwivedi: framers had both good and bad experience of faith. there was a time in 16th century where state power was emerging and it was asking for separation from religion, religion was controlling the states, especially in rome. In India also we have seen kings declared religion as state religion.

Dwivedi:when article 25(1) talks of religion the lodestar is religion. this constitution was not made in vacuum there existed some religions. religious denominations are like streams following out of basic religion. it is with respect of those religion, its not like new religions can't be born, but as on date of the constitution those religious existed in the associational forms

Sr Advocate Rakesh Dwivedi begins

Dwivedi: al counsels have addressed that religion should be understood in the widest sweep. but there are two other aspects of religion-religion is associational by its very nature. one man alone living like a Robinson Crusoe on an island can't create a religion.

J Bagchi: non hindu person can enter a temple, but the religious practice may not permit the offering of nazam inside a temple. the same injunctions may apply to all temples

Sundaram: in some temples that may not so

J Bagchi: does sabarimala permit offering of nazam inside the temple?

Sundaram: not nazam.

Sundaram: not women, I am talking about people who don't profress that religion at all

J Bagchi: there is no bar non-muslim to enter a mosque but the question is can they worship

Sundaram: classes would mean all those similarly placed.

J Amanullah: it can't be read in the same thread

Sundaram: for instance, we talk muslim places of worship, it can't be thrown open and state throwing it open hopefully for access outside the religion may not come at all but most institutions, temples and hindu institutions, for instance Sabarimala, it is religiously catholic. A person of any religious can come.

J Amanullah: even in dargah, anybody can go, there is absolutely no restriction

Sundaram: dargah yes but not all mosque.

J Bagchi: for mosque, there is no bar on women to enter, its only for mazar