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

Advocate: establish and maintain must be read conjuctively.

Advocates: article 26- two parts-establish and maintain-AMU judgment-maintain means continue, dictationary meaning also continue. in accordance with article 25, I can continue unless religious cruelty.

Advocate: two judges decided on the basis of menstruation, lots of devotees are pained.

Advocate: article 25(2)(b)-whether any cruetly involved in sabarimala? a section of people said that menstruating women can't enter-it is an interpretation given by some activist, it is wrong.

Advocate: if this rituals and customs has nothing to do with religious cruelty, as J Malhotra said, then the scope of judicial review is very less. this is a dissenting judgment.

what is religious cruelty? [reads his written submissions]

J Mahadevan: you are going beyond the subject, don't go into all those areas

Upadhyay: entire world is burning due to religious conflict

CJI: time is over mr upadhyay

Upadhyay: article 25 is subject to all other rights and article 26 doesn't confer right to propagate. article 26 is implied subject to other provisions. there are lakhs of mosque and churches, but some have distinct sanctity. similarly sabarimala has 1500 temples but this has distinct sanctity.

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.