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

Luthra: when a law comes it, the denomination challenges it as harsh but we are looking at the otherway ground- the identity and rights of individuals are violated

J Nagarathna: is there no law banning the FGM?

Luthra: 59 countries have banned it, others have given judicial decisions

J Bagchi: would it be that since its a minor the parents have to give consent and if they don't they will be excommunicated?

J Amanullah: it does allow leaving from the denomination.

Luthra: at 7 is the practice carried out.

J Bagchi: we need not go into all these because public health is good enough

luthra: the nature of injury is the skin of clitoris is removed at the age of 7

J Bagchi: this is mutilation of vital organ and it impacts her reproductive health and autonomy, public health would come

J Nagarathna: it touches morality too

Luthra: it is followed in sunni community in kerala, it is followed in sections of christian

luthra: the bali of human being is a part of belief, would that not be murder? excommunication is a form of wrongful restraint, FGM is in violation of serious offence and here, the debate of horizontal v vertical rights will come.

when what is the right of the denomination? it protects the institutional rights-what we can't do. where the denomination beyond internal management and starts controlling the spiritual lives of members and also constraining them in violation of FRs, would that be permissible? no

what is denomination? its us, we form it

luthra: but they were subject to public order, morality and health and other parts to see what can be done to article 25.

luthra: there are moments where need for reform becomes important. are we to say religious beliefs are static? no, and that is where the court and parliament comes in. when we look at article 25, it is personal, subject and conscience. article 25 doesn't contain the requirement of doctrinal purity.

uthra: constitution brough a series of rights and we also recognised the need for religious rights and therefore it formed part of the chapter. inorder to understand the contours, whether religious rights should be seen alone or in the juxtapose to other rights

Luthra: bommai tells us the state should protect religious tolerance and also at the same time protect the individual's right to faith.

Luthra: when we talk of belief, we may be looking at a multi-dimensional belief form. when we look at Bommai, there is interesting passage on secularism:

@Luthra_Sidharth

: India as we understand is a country of diametric plurality. when you have different beliefs, you will have to consider-inter, intra, and intra-individual plurality that is the co-existiance of multiple religious influences