Published 13:06 IST, November 14th 2019
Subramanian Swamy on Sabarimala case: 'Referring to larger bench is correct way forward'
Subramanian Swamy called SC judgment as "correct way forward" as the case involves a clash of fundamental rights of faith, equality and the right to pray
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After the Supreme Court's decision on Sabarimala was out which referred to a larger bench to review the case, senior BJP leader Subramanian Swamy has opined the Supreme Court's judgement as the "correct way forward", owing to the nature of the case's complexities involving a 'clash of fundamental rights of faith, equality and right to pray'.
In Sabarimala case there is a clash of fundamental rights of faith, of equality and right to pray. Hence referring to a larger Bench is the correct way for forward
— Subramanian Swamy (@Swamy39) November 14, 2019
Supreme Court's verdict
A 5-member Constitution bench of the Supreme Court comprising Chief Justice Ranjan Gogoi, Justice Nariman, Justice Khanwilkar, Justice Chandrachud, and Justice Malhotra on Thursday referred the Sabarimala review pleas to a 7-member larger bench by a 3:2 verdict. Justice Chandrachud and Justice Nariman have dissented from the majority judgment. Furthermore, while delivering its verdict, the apex court clubbed the entry of women in mosques and the tower of silence, the legality of female genital mutilation in the Dawoodi Bohra community along with the Sabarimala issue. However, in light of no contrary orders from the Supreme Court, the petitions have been kept pending and there will not be a stay on the earlier judgment which allowed the entry of women between the age group of 10 to 50 years in Sabarimala temple, Kerala.
Review petition
On September 28, 2018, the SC lifted the ban on entry of women belonging to all age groups in the Sabarimala temple. This sparked off huge protests across Kerala. The Travancore Devaswom Board (TDB) which manages the shrine, argued that the SC could not interfere with a century-old belief. The ban on entry of women has been justified on the grounds that Lord Ayyappa, the presiding deity is celibate. On the other hand, the government of Kerala supported the verdict maintaining that religious practices that clashed with fundamental rights could be set aside. After hearing the review petition filed by the TDB, Pandalam Royal Family and a group of devotees, the Constitution bench had reserved its verdict on February 5.
11:59 IST, November 14th 2019