Live Law

2026-04-29 07:24:50.0

  • Jaising: when you reading the constitution as organic, articles 13, 14, 15, 16, 21, 25 will come in. in india there was not one revolution but five revolution have taken place-third was undoing touchability. why is article 17 there as self declaratory article? you needed because indian society are structured on caste and patriarcy.

    J Amanullah: centuries, certain things which are custom and practice have crystallised and become an essential part-you can't forget history. have so much of passage of time, it has been transporated as basic element. suddently after so many years, somebody comes up

    Jaising: there is a qualifier in article 13- custom must have a force of law-if its a voluntary custom

    J Amanullah: again a shaky ground

    Jaising: if a women doesn't want to go to sabarimala, don't go

    Jaising: i agree with learned friends. some senior counsel online said women voluntarily doesn't go, I agree but question is can there be a compulsion on me to not go

    if a woman believes lord is naistak bramachariya, don't go. but if there is one woman, then I can't be asked

    J Nagarathna: whether custom prevails or one woman's desire

    Jaising: its not desire, its a freedom.

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