The Supreme Court today (September 28, 2018) by 4:1 majority has allowed the entry of women into
Sabarimala Temple, the only woman judge on the Constitution Bench, Justice Indu Malhotra, however, dissented from the majority opinion.
In a dissenting judgment written by Justice Malhotra, she stated that the issues brought up during the Sabarimala Temple case will have a bearing on other places of worship as well. Justice Malhotra held that religious practices cannot be solely tested on the basis of
Article 14 of the Constitution of India.
“What constitutes essential religious practice is for the religious community to decide, not for the Court,” Justice Malhotra said. Further, Justice Malhotra stated that notions of rationality cannot be brought into religion and that a balance needs to be struck between religious beliefs on one hand, and the cherished principles of non-discrimination and equality laid down by Constitution on the other. The majority opinion pronounced by
Chief Justice Dipak Misra and
JusticesRohinton Nariman, AM Khanwilkar, DY Chandrachud has held that Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, is a clear violation of right of Hindu women to practice religion under
Article 25, and that Ayyappa devotees do not form a separate denomination. However, Justice Malhotra disagreeing with the majority said that Ayyappa devotees indeed form a separate denomination.
To Do Complete Justice Under Art 142, Not Necessary to Refer to Facts to Decide Pure Questions of Law: SC [READ ORDER]
Judiciary
May 12, 2020
Parth Thummar
(
Editor: Ekta Joshi
)
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A nine-Judge Bench of the Supreme Court headed by CJI had reserved its order on the maintainability of the reference of a question of law to a larger bench in a review petition of Sabarimala judgment on February 06, 2020, and for which order pronounced on February 10, 2020. On May 11, 2020, the SC has given a detailed explanation for its order. The Order authored by CJI held that there is no fetter on the exercise of discretion of the Supreme Court in referring questions of law to a...
What Is The Whole Sabarimala Issue Afterall?
Speak Legal
Feb 13, 2020
Lawstreet News Network
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“Religion cannot be a cover to deny women the right to worship...To treat women as children of a lesser God is to blink at constitutional morality.”- Justice DY Chandrachud. The religious terminology: The Sabarimala temple is considered to be an abode of Lord Ayyappa, located in the Periyar Tiger Reserve in Pathanamthitta district of Kerala. The place is a heritage site dedicated to one of the largest annual pilgrimages in the world as every year, millions of people...
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