EWS Reservation- Supreme Court Constitution Bench Hearing DAY 2- LIVE UPDATES

CJI: Sex or place or birth

Kumar: Because education for girls was provided mainly in girls schools or colleges and society wasn't ready for co ed education. Madam curie had to disguise herself as a man...if that was in France we can imagine how it was in India.

Kumar: [Reads Article 29]

J Bhat: The reason is that they didn't have expansive understanding of 15(1) so if there was an aided institution of community, they couldn't deny...

Kumar: What is missing is discrimination on basis of sex.

J Bhat: In fact this was the context of Champakam. This is what petitioners argued, the argument made was 16, 14 etc- which was rejected by court.

Kumar: I agree. [Refers to Article 29]

Kumar: Unless caste is destroyed in this country, there cannot be equality. This was the reason of this provision. This would include all state activities. This is the foundation laid by Constitution to build a casteless society.

Kumar: Such was the prevailing situation- caste prejudice, disadvantage imposed on caste, therefore, this provision was introduced. 

Kumar: Court may take note of Gandhiji's satyagraha in Kerala. As a student I was under impression that it was temple entry, later when I went in seminar, I noticed that it wasn't to enter temple but to enter a road around the temple.

Kumar: Clause 2 says- this was a contribution by Babasaheb due to his experience as being an untouchable, where he was denied access to public places- in that backdrop he introduced it

[Reads Article 15(2)]

Kumar: This division of country in so many castes had to be addressed so caste was introduced as a ground to prohibit discrimination in all state activities.

Kumar: A male dominated society was found to have oppressed women so sex was introduced as ground for discrimination. More importantly, India was divided on basis of caste- 5000 castes, which did not have any social intercourse with one another.

Kumar: India has a very rich heritage. All organised religions of the world have their representatives living here. After tragedy of partition, it was felt necessary to prevent any further discrimination.