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

Upadhyay: anti-conversion laws are based on premise that only individuals can practice. the root cause of 1847 conflict was denomination v denomination.

Adv Ashwini Upadhyay: mylords oath is to uphold the constitution-upholding the constitution has higher value. bharat has been divided in 25 pieces due to denominational conflicts and bharat has also been divided into 7 countries.

what will have if mylords accepts senior arguments, whether in 25 years will be become scientifically developed countries like China or countries like Pakistan or Afghanistan.

articles 25 and 26 is the most restricted- those countries where we took these rights have not given the religion to denomination. my submission is, article 26 is the species and 25 is the genesis.

Sr Adv: article 26 is complementary to article 25, and the latter can't supersede. reads Menaka Gandhi on the proportionality principle- expand the reach of fundamental rights.

temple is a sovereign place itself and has its unique feature. mylords are not going into each facts but you will have to determine where to strike a balance between articles 25 and 26.

Sr Adv: i am on the historical part of the temple- the applicant is from SC/ST and has been given right to entry- all these judgments provide that the sovereign of the deity. article 26 protects rights of deity and all that have to be protected.

reads TMA Pai.

J Nagarathna: the state or court can't say that its not a religious practice, the autonomy is protected. in the guise you say i will do something that will affect the society, the state will go within article 25(2)(b)

Divan: instead of treating rights as fundamentals, its limitations have been treated like that. this is a recipe to gain denominational status, it will lead to survival of the fittest. if that polarisation violates the faternity

J Nagarathna: if there is polarisation, state will step in article 25(2)(b)

Divan: i maintain both are distinct rights- in order for me to be able to enjoy article 25, which is the individual, i need article 26

J Sundresh: denomination is nothing but collective rights of believers. the denomination can't go against the common believers

Divan: we are village folks, we don't have institution-for us to fulfil denomination, we need whole apparatus

Divan: the freedom of conscience is the most personal and private must it still can't be isolated- i may require access to library, institutional apparatus, religious books- in that regard, even for freedom of conscience, my right will be nourished with the institutional rights.

Divan: if all persons are equally entitled to preach and propagate, reading two provisions together- then if you are I belong to different religious facililations-we are both entitled to religious [protection]