Sabarimala temple women’s entry: Supreme Court says 9-judge bench to hear matter in April

The bench said that parties backing the review should submit arguments from April 7 to April 9, and those opposing it from April 14 to 16. The bench said it will hear the rejoinder arguments on April 21, and likely conclude the hearing on April 22.

Besides the Sabarimala matter, the SC was also considering petitions arising out of questions concerning the entry of Muslim women into mosques, female genital mutilation in the Dawoodi Bohra community, and the plea for the entry of Parsi women who married outside the community to the fire temple.

On September 28, 2018, a 5-judge bench of the court, by a 4:1 majority, lifted age restrictions on women’s entry to the hill shrine in Kerala. It struck down as unconstitutional Rule 3(b) of the Kerala Hindu Places of Public Worship Rules, 1965, which allowed the exclusion of women on the grounds of custom.

However, on November 14, 2019, the top court, in a 3:2 ruling, said that the September 2018 decision may impinge on the affairs of other religions as well and would require a more detailed examination. It decided to keep petitions seeking review of the verdict, which lifted the age restrictions on women’s entry, pending a larger bench’s decision on the matter.

In keeping with this, the SC subsequently constituted a 9-judge bench to consider the matter.

On February 10, 2020, the 9-judge bench headed by the then Chief Justice of India S A Bobde held that the review petitions are maintainable.

The court also framed the following 7 questions for consideration:

1. What is the scope and ambit of the right to freedom of religion under Article 25 of the Constitution of India?

2. What is the interplay between the rights of persons under Article 25 of the Constitution of India and the rights of religious denominations under Article 26 of the Constitution of India?

3. Whether the rights of a religious denomination under Article 26 of the Constitution of India are subject to other provisions of Part III of the Constitution of India apart from public order, morality and health?

4. What is the scope and extent of the word ‘morality’ under Articles 25 and 26 of the Constitution of India, and whether it is meant to include Constitutional morality?

5. What is the scope and extent of judicial review with regard to a religious practice as referred to in Article 25 of the Constitution of India?

6. What is the meaning of the expression “Sections of Hindus” occurring in Article 25 (2) (b) of the Constitution of India?

7. Whether a person not belonging to a religious denomination or religious group can question a practice of that religious denomination or religious group by filing a PIL?