SC to hear Sabarimala women entry matter from April 7
What's the story
The Supreme Court's nine-judge bench is set to commence hearing in the long-pending Sabarimala temple entry matter, alongside a batch of connected cases raising larger constitutional questions on the scope and ambit of religious freedom practiced by multiple faiths across the country, from April 7. The hearings are expected to conclude by April 22. Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, ordered the listing of these references before the nine-judge bench.
Schedule details
Hearing to conclude by April 22
The parties in favor of reviewing the Sabarimala judgment will present their arguments from April 7 to April 9. Those against the review will have their turn from April 14 to April 16. Rejoinder submissions are scheduled for April 21, with hearings likely wrapping up by April 22. The case centers on a September 2018 Supreme Court judgment allowing women of menstruating age entry into the Lord Ayyappa temple at Sabarimala.
Judgment impact
What did the 2018 judgment say?
The 2018 judgment, passed by a 4:1 majority, held that "devotion cannot be subjected to gender discrimination." The bench included then CJI Dipak Misra, Justices RF Nariman, AM Khanwilkar and DY Chandrachud in the majority. Justice Indu Malhotra dissented. The ruling also struck down Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorization of Entry) Rules 1965 as unconstitutional.
Pending cases
Review petitions led to formation of 9-judge bench
Countering this decision, review petitions against the 2018 judgment were filed, leading to a 2019 decision by a five-judge bench headed by then CJI Ranjan Gogoi. The bench held that some issues in the Sabarimala review were common to pending cases on women's entry into mosques and practices like Female Genital Mutilation among the Dawoodi Bohra community. A nine-judge bench was constituted in January 2020 to address larger questions of law related to essential religious practices.
Legal questions
Issues framed for consideration by 9-judge bench
The nine-judge bench framed seven issues for consideration, including the scope of Article 25's right to freedom of religion and its interplay with Article 26. Other questions included whether religious denomination rights are subject to other Part III provisions apart from public order, morality, and health. Another issue to be considered was the meaning of the expression "Sections of Hindus" occurring in Article 25 (2) (b) of the Constitution of India.