New Delhi: The Supreme Court of India on Monday announced that a nine-judge Constitution Bench will commence final hearings on a batch of petitions concerning alleged discrimination against women in various religions and places of worship, including Kerala’s Sabarimala Temple.
A Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi said the larger Bench, to be constituted by the CJI, will begin hearings on April 7 at 10:30 am. The proceedings are expected to conclude by April 22.
The court directed all parties to file their written submissions on or before March 14 and asked counsel to strictly adhere to the schedule.
As per the order, petitioners seeking review of the 2018 Sabarimala verdict will be heard from April 7 to April 9, while those opposing the review will present arguments from April 14 to April 16. Rejoinder submissions, if any, will be heard on April 21, followed by concluding submissions from the amicus curiae, likely ending on April 22.
Solicitor General Tushar Mehta, appearing for the Centre, supported the pleas seeking review of the 2018 judgment that permitted entry of women of all age groups into the hill shrine.
The court-appointed nodal counsel Krishna Kumar Singh will represent parties supporting the review, while Shashwati Pari has been appointed as nodal counsel for those opposing it. Senior advocate K Parameshwar, along with Shivam Singh, has been appointed as amicus curiae, with Singh tasked to compile and submit the stand taken by all parties.
On May 11, 2020, the apex court had ruled that a five-judge Bench exercising review jurisdiction could refer questions of law to a larger Bench. Earlier, in November 2019, a five-judge Bench had referred broader constitutional questions to a larger Bench without deciding the pending review petitions against the 2018 verdict.
The court had framed seven key questions concerning the scope of religious freedom under Articles 25 and 26 of the Constitution, including the interplay between individual rights and the rights of religious denominations. It also said it would examine whether persons not belonging to a particular religious denomination can challenge its practices through public interest litigation.
Apart from the Sabarimala issue, the larger Bench will also consider matters relating to entry of Muslim women into mosques and dargahs, as well as the exclusion of Parsi women married to non-Parsi men from entering the sacred fire temples (Agiary).
