During the hearing, centre told the apex court that secular court cannot determine whether a religious practice is superstition.
Kerala Sabarimala Temple Case Hearing Live: The Supreme Court is hearing the pleas concerning discrimination against women at religious places, including the Sabarimala temple, and the scope of religious freedom under the Constitution.
Nine-judge bench: Chief Justice of India Surya Kant will preside over the bench, which will include Justices B V Nagarathna, M M Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan and Joymalya Bagchi.
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On September 28, 2018, a five-judge bench of the Supreme Court, by a 4:1 majority, lifted the age restriction on women visitors and 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.
Questions for consideration: The 7 questions for consideration before the court are:
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- What is the scope and ambit of the right to freedom of religion under Article 25 of the Constitution of India?
- What is the interplay between the rights of persons under Article 25 of the Constitution and the rights of religious denominations under Article 26?
- Whether the rights of a religious denomination under Article 26 of the Constitution are subject to other provisions of Part III of the Constitution, apart from public order, morality and health?
- What is the scope and extent of the word ‘morality’ under Articles 25 and 26 of the Constitution, and whether it is meant to include constitutional morality?
- What is the scope and extent of judicial review with regard to a religious practice as referred to in Article 25 of the Constitution?
- What is the meaning of the expression “Sections of Hindus” occurring in Article 25 (2) (b) of the Constitution?
- 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?
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