SC to decide on listing of Sabarimala review petitions on Tomorrow

Team SoOLEGAL 22 Oct 2018 11:17am

SC to decide on listing of Sabarimala review petitions on Tomorrow

On Monday, The Supreme Court said that it would decide on Tuesday when the review petitions challenging its ruling allowing entry of women of all ages into Sabarimala temple would be heard by the court.

The matter was mentioned by advocate Mathew Nedumpara appearing on behalf of the National Ayyappa Devotees Organization who sought urgent listing of the review petitions.

A total of 19 review petitions have been brought before the court. The case will be heard next on 23 October.

The plea by the National Ayyappa Devotees Organization sought the review on the grounds that the ruling was unconstitutional, void and in violation of the principles of natural justice. The judgment is vitiated by “errors apparent on the face of record”, the petition stated.

It was also claimed that the judgment was in violation of express constitutional provisions guaranteeing Ayyappa devotees’ liberty of thought, expression, belief, faith and worship under Section 25 of the Constitution.

On 28 September, a Supreme Court bench headed by former chief justice Dipak Misra in a 4:1 majority granted women of all ages the right to enter Sabarimala temple, reversing the Kerala shrine’s tradition of barring girls and women of menstruating age.

Recognizing that banning women from the temple was derogatory to them, Justice A.M. Khanwilkar on behalf of himself and Misra said: “Morality cannot be viewed with a narrow lens so as to confine the sphere of definition of morality to what an individual, a section or religious sect may perceive the term to mean.”

Justice D.Y. Chandrachud, in his separate but concurring judgment, said religion could not become a cover to exclude and deny the basic right to find fulfilment in worship to women. He added that physiological factors associated with women could not provide a rationale to deny them the right to worship.

Justice Indu Malhotra, in the sole dissenting opinion, held that it was not for courts to determine if these practices should be struck down.

The court had ruled on a public interest litigation filed in 2006 by non-profit body Indian Young Lawyers’ Association seeking entry for women and girls to the shrine.

Tagged: Supreme Court   Sabarimala temple   National Ayyappa Devotees Organization   Justice A.M. Khanwilkar   Justice D.Y. Chandrachud   Kerala  
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