Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench Hearing [Day 13]

J Bagchi: are we answering the five judge reference? whatever we hold in regard to interplay of articles 25 and 26 will impact the 5 judges. we are limitation to see whether ex communication can survive despite a social reformist legislation

so we not to go into whether article 32 is challenging the 1949 jusgment

J Bagchi: there can't be any deemed ultra vires. you are saying that because of syedna the 2016 act is also bad

Raju: let me place the five judge bench reference

J Bagchi: the 2016 act has not been challenged?

Raju: no, even if 2016 act is there, thw question of validity of the act still survives

Raju: so broad instances-breakup of marriage, loss of employment, social ostracisation, and if you are excommunication, you can neither be buried or taken to a family graveyard.

J Sundresh: question is how far we can go

J Nagarathna: yesterday we told you the act has been repealed

Raju: 5 judge dealt with repeal of the act, the refering order. I will place that.

J Nagarathna: your argument is excommunication still going on?

Raju: its not just temple worship, Khambata has mentioned about parsi women deemed conversion, luthra will talk about FGM so if mylords deal with it as academic exercise than it can't be

CJI: there will have to be factual scenario in which it will arise. you are just backing your arguments with these facts and not asking us to go into individual cases

Raju: so and so had marriage broken, they were forced to divorce. wife can't live in society because of fear of ex communication.

another example is about an election-husband is a social reformer working for education and established an educational institutions...after the defeat of those candidates the syedna become angry...I was asked to condemn my husband because he is a kafirr

Raju is reading examples of ex communications

Raju: breaking up of marriage under compulsion because he started a cooperative bank without permission of Syedna.

Raju: there was a commission appointed by NP Nathwani Commission and DS Tewati Commission report. I was asked what were you doing uptil now? mr siddharth luthra will follow me on female genital mutiliation that its the fear of reprisal that disallows us to speak

Senior Advocate Raju Ramachandran to continue his argument against practise of ex communication in Dawoodi Bohra community.