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Jul 26, 2018 18 tweets 6 min read Twitter logo Read on Twitter
#Sabarimala: Bench assembles, hearing commences; Sr. K Radhakrishnan begins arguments.
#Sabarimala: Freedom of religion is subject to public order, health and morality.

I pray that Your Lordships prefix that "morality" with "public", K Radhakrishnan on scope of morality under Article 25.
#Sabarimala: Radhakrishnan also submits that morality includes institutional morality which could arise from religion.
#Sabarimala: The freedom to practice religion is restricted and has to be harmonised with the restrictions without destroying the protective nature of Article 25, Radhakrishnan.
#Sabarimala: Radhakrishnan now arguing on significance of 41-day Vratham.

Tries to cite a medical manual but CJI Dipak Misra very strongly says the Bench will not look at it.
#Sabarimala: Radkakrishnan says even in other temples women do not enter during the menstrual days.

"If it is voluntary then there is no problem", says Nariman J.
#Sabarimala: Restrictions under Article 25 (2) can only be with respect to secular aspects and not religious aspects, K Radhakrishnan.
#Sabarimala: Constitutional morality cannot be interpreted in such a manner so as to nullify public morality, K Radhakrishnan.
#Sabarimala: The writ petitioners have no faith or belief in Lord Ayyappa and are not devotees of Lord Ayyappa. It is a publicity oriented petition filed with the object of ensuring that the temple loses its glory, K Radhakrishnan.
#Sabarimala: The petition raises questions on origins of the temple; Tomorrow they will say Ganesha is not son of Shiva and Parvathy, K Radhakrishnan.
#Sabarimala: I respectfully submit that Your Lordships should not allow this prayer, because this is an essential and integral practice, K Radhakrishnan.
#Sabarimala: We will only by Constitutional language, CJI Dipak Misra.

Then I will deal with A. 25(1) and show why a fine balancing should be done, replies Radhakrishnan.
#Sabarimala: Importance has to be given to disposition of the Lord, K Radhakrishnan concludes his arguments.
#Sabarimala: Sr. Adv. V Giri commences submissions for Tanthri.
#Sabarimala: Each deity has its characteristics and customs and practices carried out in each temple are unique. Such customs in each temple are essential and integral part of the religion, V Giri.
#Sabarimala: For a person to assert right under A. 25(1) is to say 'I believe in the deity'. If so, his belief must be in sync with what is an essential and core characteristic of the deity and the temple and not in conflict with it, V Giri.
#Sabarimala: "I am not even going into 'denomination' under Article 26", V Giri.
#Sabarimala: It is not open for petitioners to say this is for social reform, that is upto the Legislature, V Giri.

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Sep 26, 2018
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Jul 26, 2018
#Sabarimala: V Giri concludes, Sai Deepak J begins.
#Sabarimala: Rights under Article 25 is subject to Article 26.

Deity has rights under Article 21, 25(1) and 26 (b), J Sai Deepak.
#Sabarimala: While I have rights under Article 26, I am sticking to Article 25 and this case can be disposed of under A. 25, J Sai Deepak.
Read 41 tweets
Jul 25, 2018
#Sabarimala: Bench assembles, hearing commences. Sr. Adv. K Parasaran begins submissions for Nair Service Society.
#Sabarimala: K Parasaran on Kerala society; Most women in Kerala educated, Kerala had communities which were matriarchal.
#Sabarimala: Hindu religion is a very tolerant religion, K Parasaran.
Read 16 tweets

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