Not discussing issue of women's entry into Sabarimala temple: SC

The Supreme Court on Monday resumed its exercise of framing questions relating to discrimination against women in various religions and made clear that it was not discussing the issue of entry of women of all age groups into Sabarimala temple in Kerala.

A nine-judge bench headed by Chief Justice S A Bobde has been hearing several senior lawyers on the issue of framing of larger legal questions to be deliberated upon by it relating to discrimination against women in various religions.

"The Sabarimala review case is not before us. We are not deciding Sabarimala. We are deciding the larger questions," the bench said when senior advocates F S Nariman, Kapil Sibal, Shyam Divan and Rakesh Dwivedi opposed the hearing on the so-called larger issue relating to discrimination against women in various religions.

A five-judge constitution bench, by a majority of 3:2 on November 14 last year, had referred to a larger bench the issue of discrimination against women in religions such as denial of entry of Muslim women into mosques, the practice of female genital mutilation in Dawoodi Bohra Muslim community and denial of right to Parsi women who have married outside their religion.

At the outset, Nariman said the question whether women of all age groups can be allowed entry into the Sabarimala temple has been already decided by the Supreme Court in 2018 and the subsequent review has also been dealt with and hence, this cannot be adjudicated afresh.

The bench, which also comprises justices R Banumathi, Ashok Bhushan, L Nageswara Rao, M M Shantanagoudar, S A Nazeer, R Subhash Reddy, B R Gavai and Surya Kant, said that it will also consider the objection of Nariman as one of the issues.

Nariman said the apex court cannot club other issues with Sabarimala and it cannot frame questions in a review and bring in new issues.

"Scope of review is very restricted. This will set a new precedent. How can you think about other issues in a review?" he said.

To this, the CJI said, "No. We will not be deciding these issues. We will only interpret articles involved in these cases."
To this, the bench said, "That is why we have set up a nine-judge bench. That is why we are hearing you."
During the hearing, which is still continuing, Sibal asked, "How do you interpret Article 21 (right to life or personal liberty), 17 (abolition of untouchability) and 14 (equality before law)? Any statement that you make will impact everyone across the country. It will impact the caste system. How do you decide?"