Sabarimala Reference : Live Updates From Supreme Court Hearing [Day 9]

CJI: we are not going on the dispute, we are on articles 25 and 26

Advocate: article 25(2)(b) is the controlling guidance to article 26. I as a pilgrim, those 3 days, the population which goes is much more than the size of hills and every 10 minutes there is some animals which cries.

CJI: please some this argument on animal sacrifice

Advocate: when there is tantrisism[ocultasim] it violates article 21- there has been a practice of sacrifine-when temple open, there is a animal sacrifine. who are discriminated are the males. if human priest is allowed, then why not the male devotee. like lord ayyappa temple, here there is animal sacrifice.

CJI: who runs it?

Advocate: a trust:

CJI: are you representing a trust?

Advocate: 3: I have given 29 judgments with exception of sabarimala where PIL has been permitted.

Advocate 4[Maa Kamakya Devi temple in Assam]: this is a temple without a denomination, it is a rock in the shape of vagina and this is where menstruation is celebrated. the temple is closed, only women priest is inside the temples and I am on one of the practices of tanthrism, which is widely practised.

Advocate 3: test of hollowing out a religion or viscerating is article 25(2)(b) is vague. suppose if there is a challenging to a legislation, mylords will have to decide what is hollowing out, whether its a religious practice. it is nothing would an ERP test.

mylords should define the broad contours of article 25(2)(b). i have suggested 6 guardrails- expression social welfare and reform is guided by public order, morality and health. 2. powers under article 25 can be used to restrict 3. it can't be used to obliterate rights 4. reform presuppose an existence of a practice. 5. power cant be given effect in pursuance of FR or DPSP. 6. what is protected are bona fide rights and if community doesn't speak in one voice, mylords will have to wear a theological cap 7. locus will have to be of persons whose rights have been violated.

Sharma: someone creates temple for society welfare-they are beyond the commerical view-state can't enter. these are all for pious purposes. we have in maharashtra ganesh chaturveti, in covid my rights were required and were allowed to continue with limited restrictious despite it not being denomination.

Sharma: equality amongst religion can only be claimed when there is some in your religion.

Sharma: question before bommai was not essential practice but it created an interface. bommai said that articles 25, 26, 27, 28 constitutes one scheme and words in article 27 and 28 helps in interpreting it.

Advocate Aniruddh Sharma: 9 judges in bommai [reads it].

Advocate 2: shirur mutt, the denomination is taken from oxford dictionary. temples are conscerated. worship over there is very specific- Jula Devi Temple. the denomination should not be concentrated on a follower but on the place.

Advocate: in the premises of sabarimala, there is a small mosque. [vaverkundi]. whoever coming, they are donating to

Advocate 2[for review petitioner]: articles 25 and 26 are pitied against other FRs, who approach is to be taken?

articles 25 and 26 are not lower in hierarchy.