NEW DELHI: The Supreme Court on Tuesday agreed to reconsider its 55-day-old judgment quashing the ban on access of women within the 10-50 years age team into Sabarimala temple, but refused to stick its operation.
A five-judge bench led by way of CJI Ranjan Gogoi set January 22 for listening to 49 petitions soliciting for a relook at the controversial verdict which set off mass protests in Kerala as well as a debate at the court’s competence to intrude with spiritual traditions.
However, if the court’s choice buoyed the spirits of protesting Ayyappa protesters, its refusal to stick operation of the verdict can intensify the confrontation between the defenders of the custom and the Kerala government, which has sought to zealously put in force the court’s order.
The chief ‘thantri’ (priest) has threatened to near the temple doors if ladies within the banned age team attempted to go into the Ayyappa shrine.
New Delhi: The Supreme Court on Tuesday agreed to check its verdict that allowed access of women of all age groups to Sabarimala, but refused to grant a keep.
The bench stated, “Applications for listening to of evaluate petitions in open court are allowed. All the evaluate petitions in conjunction with all pending applications will be heard in open court on January 22 earlier than the proper bench. We make it clear that there is no keep of the judgment and order of this court dated September 28, 2018, handed in Writ Petition (Civil) No.373 of 2006 (Indian Young Lawyers Association & Ors. vs. The State of Kerala & Ors.)”
As many as 49 petitions, which sought evaluate of the verdict, have been posted for attention in chamber earlier than a bench of CJI Gogoi and Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra.
In the pre-lunch consultation, a bench of CJI Gogoi and Justices S K Kaul and K M Joseph adjourned listening to on a number of PILs wondering the September 28 judgment and stated they will have to await the end result at the evaluate petitions, which have been scheduled for attention earlier than the five-judge bench within the afternoon.
CJI Gogoi had changed Justice Dipak Misra, who retired on October 2, at the five-judge bench which regarded as the evaluate petitions on Tuesday. The CJI Misra-led bench, by way of four to 1, had quashed the ban on access of women within the age team of 10-50 brushing apart the pro-ban team’s argument that the deity, being a ‘naistik brahmachari’ (eternal celibate), kept away from proximity to ladies within the menstruating age. Justice Malhotra, the lone lady decide at the bench, had differed together with her male colleagues.
Justices Misra, Nariman, Khanwilkar and Chandrachud had given separate but concurring judgments terming the normal apply of barring access of women within the menstruating age as “unconstitutional and arbitrary” as it violated the suitable against discrimination at the floor of gender. Importantly, Justice Misra, writing the primary judgment, held that Ayyappa devotees didn't represent a separate spiritual denomination to assert immunity from the constitutional take a look at to the gender discriminatory apply.
However, Justice Malhotra had differed from her male colleagues at the bench and stated that Ayyappa devotees have been indeed a distinct spiritual denomination who could seek constitutional coverage in their spiritual apply to ban access of women in sure age team into the temple.
A five-judge bench led by way of CJI Ranjan Gogoi set January 22 for listening to 49 petitions soliciting for a relook at the controversial verdict which set off mass protests in Kerala as well as a debate at the court’s competence to intrude with spiritual traditions.
However, if the court’s choice buoyed the spirits of protesting Ayyappa protesters, its refusal to stick operation of the verdict can intensify the confrontation between the defenders of the custom and the Kerala government, which has sought to zealously put in force the court’s order.
The chief ‘thantri’ (priest) has threatened to near the temple doors if ladies within the banned age team attempted to go into the Ayyappa shrine.
New Delhi: The Supreme Court on Tuesday agreed to check its verdict that allowed access of women of all age groups to Sabarimala, but refused to grant a keep.
The bench stated, “Applications for listening to of evaluate petitions in open court are allowed. All the evaluate petitions in conjunction with all pending applications will be heard in open court on January 22 earlier than the proper bench. We make it clear that there is no keep of the judgment and order of this court dated September 28, 2018, handed in Writ Petition (Civil) No.373 of 2006 (Indian Young Lawyers Association & Ors. vs. The State of Kerala & Ors.)”
As many as 49 petitions, which sought evaluate of the verdict, have been posted for attention in chamber earlier than a bench of CJI Gogoi and Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra.
In the pre-lunch consultation, a bench of CJI Gogoi and Justices S K Kaul and K M Joseph adjourned listening to on a number of PILs wondering the September 28 judgment and stated they will have to await the end result at the evaluate petitions, which have been scheduled for attention earlier than the five-judge bench within the afternoon.
CJI Gogoi had changed Justice Dipak Misra, who retired on October 2, at the five-judge bench which regarded as the evaluate petitions on Tuesday. The CJI Misra-led bench, by way of four to 1, had quashed the ban on access of women within the age team of 10-50 brushing apart the pro-ban team’s argument that the deity, being a ‘naistik brahmachari’ (eternal celibate), kept away from proximity to ladies within the menstruating age. Justice Malhotra, the lone lady decide at the bench, had differed together with her male colleagues.
Justices Misra, Nariman, Khanwilkar and Chandrachud had given separate but concurring judgments terming the normal apply of barring access of women within the menstruating age as “unconstitutional and arbitrary” as it violated the suitable against discrimination at the floor of gender. Importantly, Justice Misra, writing the primary judgment, held that Ayyappa devotees didn't represent a separate spiritual denomination to assert immunity from the constitutional take a look at to the gender discriminatory apply.
However, Justice Malhotra had differed from her male colleagues at the bench and stated that Ayyappa devotees have been indeed a distinct spiritual denomination who could seek constitutional coverage in their spiritual apply to ban access of women in sure age team into the temple.
SC to review Sabarimala verdict in Jan, no bar on women till then
![SC to review Sabarimala verdict in Jan, no bar on women till then]()
Reviewed by Kailash
on
November 14, 2018
Rating:
