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Jul 31, 2018 26 tweets 9 min read Twitter logo Read on Twitter
1. The Bench has assembled. The #Sabarimala hearing resumes.
2. Mr. V. K. Biju appears for @RahulEaswar an intervenor supporting the Temple. #Sabarimala
3. Mr. Biju wishes to place before the Court certain extracts from Commonwealth debates which are of relevance to the issue at hand. #Sabarimala
4. Mr. Biju submits that the restriction in question has got nothing to do with menstruation, but with the celibate character of the Deity. #Sabarimala
5. Mr. Biju submits that in examining the nature of a certain practice, its religious basis must be understood. #Sabarimala
6. Mr. Biju cites Swami Vivekananda on the practice of Naishtika Brahmacharya and the restrictions that apply to the said practice. #Sabarimala
7. Mr. Biju reads out extracts from the Petition to show that the Petition is based on news reports authored by Barkha Dutt and a few journalists. No where does the Petition evidence personal knowledge of the practice of the Temple or its basis. #Sabarimala
8. Mr. Biju is drawing attention to Paragraph 4 of first affidavit filed by State Government where the Govt has clearly pleaded ignorance of the basis of practice. Mr. Biju therefore submits that in light of this statement, the Govt is in no position to take an informed position
9. Mr. Biju further submits that the constant flip flop of the State Government's position renders its affidavits unreliable. #Sabarimala
10. Mr. Biju highlights the unique nature of the #Sabarimala Temple by pointing out the Vavar Dargah and another tribal deity before visiting the #Sabarimala Temple.
11. Mr. Biju is placing before the court statistics relating to the number of women under the age of 10 and over the age of 50 who have visited the #Sabarimala Temple.
12. Mr. Biju submits that the #Sabarimala Temple receives INR 300 crores from devotees' contributions and only INR 8 lakhs from the State and yet the Petitioner wants the Temple to be treated as a State institution.
13. Mr. Biju concludes his submissions. Now Mr. Gopal Sankaranarayanan begins for an intervenor. #Sabarimala
14. Mr. Sankaranarayanan submits that the first question that needs to be addressed is whether the #Sabarimala Temple attracts the definition of public place of worship under the 1965 Act.
15. Mr. Sankaranarayanan submits that a narrow definition of religious denomination may not do justice to the unique nature and history of the #Sabarimala Temple.
16. Mr. Sankaranarayanan further submits that the 1965 Rules are codification of existing practices. #Sabarimala
17. Mr. Sankaranarayanan submits that allowing the Petition would result in a can of worms across the board across all faiths. #Sabarimala
18. Mr. Sankaranarayanan submits that even the Constitution does not take a categorical position that there can be no exclusion on any basis with respect to entry into religious places of worship. #Sabarimala
19. Justice Nariman asks why Article 17 does not apply to the practice at the #Sabarimala Temple. Mr. Sankaranarayanan submits that if a woman were to be excluded on the basis of caste, that's the only basis for applying Article 17, which doesn't apply to the #Sabarimala Temple.
20. Mr. Sankaranarayanan further terms as "despicable" the use of the word chauvinism in the context of Kerala by the Petitioner in its petition given the matrilineal and matriarchal nature of the Kerala society. #Sabarimala
21. Mr. Sankaranarayanan submits that the status of a religious denomination is indeed applicable to the #Sabarimala Temple. He says that he entirely accepts and adopts Mr. @jsaideepak’s arguments in this regard.
22. Mr. Sankaranarayanan submits that devotees who put faith in the #Sabarimala Temple and observes its practices would qualify as a religious denomination for the purposes of Article 26.
23. The Bench enquires whether the status of a religious denomination can still be maintained with respect to the #Sabarimala Temple regardless of the religious background of the devotees.
24. Mr. Sankaranarayanan submits that it is indeed possible to bestow that Status to Ayyappa Devotees in view of the fact that the devotees are required to observe the practices related to the Temple. #Sabarimala
25. Mr. Sankaranarayanan then points out Rule 3 encompasses of a host of practices and to the Temples of Kerala. Therefore, striking down Rule 3(b) would affect other sub-Rules and other Temples in Kerala.
26. Mr. Sankaranarayanan has concluded his submissions. Hearing to continue tomorrow. #Sabarimala

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More from @People4Dharma

Aug 1, 2018
1. The Bench has assembled and hearing begins in the #Sabarimala Petition.
2. Mr. Ramamoorthy, Amicus Curiae for the Respondents, commences his submissions. #Sabarimala
3. Mr. Ramamoorthy submits that today through the Petition the very existence and origins of Lord Ayyappa have been questioned. #Sabarimala
Read 73 tweets
Jul 26, 2018
1. #Sabarimala hearings have commenced. Mr. K. Radhakrishnan appears for Respondent No. 19, the Pandalam Royal family, the family of Lord Ayyappa
2. Mr. Radhakrishnan is analysing Article 25 and submits that the provision has no equal anywhere in the world. #Sabarimala
3. Mr. Radhakrishnan submits that women of child bearing age restrain themselves from entering the Temple, they are giving effect to and respecting the will of the Deity. #Sabarimala
Read 134 tweets
Jul 25, 2018
1. Arguments in the #Sabarimala Petition resume. Mr. Parasaran now argues for the Nair Service Society.
2. Mr. Parasaran submits that Kerala is an educated society
3. Mr. Parasaran submits that 96% of the women in Kerala are educated. They are independent. It is a matrilineal society. Therefore to assume that the practice of the #Sabarimala Temple is based on patriarchy is fundamentally incorrect
Read 66 tweets
Jul 24, 2018
1. #Sabarimala hearings commence. Dr. Singhvi submits on behalf of the Travancore Devaswom Board that he is limiting the scope of his submissions to only the Sabarimala Ayyappa Temple.
2. Dr. Singhvi is placing before the Court the history of the #Sabarimala Temple and the requirements of the vow to be observed for 41 days prior to visiting the Temple.
3. Dr. Singhvi submits that every Ayyappa devotee who observes the vow is himself treated as a Swami, which epifies the line Tat Tvam Asi
Read 60 tweets
Jul 19, 2018
#Sabarimalahearing 1. Mr. Raju Ramachandran has resumed his submissions as the Amicus Curiae in support of the Petitioner
2. Mr. Ramachandran submits that while Article 17 was originally intended to tackle untouchability emanating from caste, nothing stops the Court from expansively interpreting it just as Article 21 has been interpreted over the years. #Sabarimala
3. Mr Ramachandran submits that if the basis for exclusion under traditional untouchability is defilement or pollution of the premises, the same logic applies to untouchability on account of defilement caused by menarche. #Sabarimala
Read 32 tweets
Jul 18, 2018
#Sabarimalahearing 1. Mr. R.P.Gupta, counsel for Indian Young Lawyers Association (the Petitioner), has resumed arguments. He again walked through the Order dated October 13,2017 wherein reference was made to the Constitution Bench
2. Mr. R.P.Gupta reiterates his position that #Sabarimala Temple has Buddhist origins. The Bench questions the relevance and authencity of the submissions in this regard.
3. Mr. R.P.Gupta is walking the Court through the Provisions of the Travancore Cochin Hindu Religious Institutions Act to make the case that the #Sabarimala Temple is part of State under the Constitution
Read 36 tweets

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