#Sabarimala: Five Judge Constitution Bench will deliver the Judgment in a 2006 PIL filed by Indian Young Lawyers Association challenging the centuries-old tradition of Sabrimala Temple banning entry of women of menstruating age inside the temple now
Bench of Chief Justice Dipak Misra And Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra is going to pronounce the verdict after eight-day long marathon hearing
The Constitution Bench assembles
Four Opinions as "USUAL"
Sabarimala is a 4:1 verdict, with Justice Indu Malhotra dissenting.
Breaking: Justice Indu Malhotra, the lone woman member of the bench dissents with majority #sabarimala
CJI Starts reading Judgment
The dualistic approach against women degrades the status of women.
Women is not lesser or inferior to man
Patriarchy of religion cannot be permitted to trump over faith: CJI
Biological or physiological reasons cannot be accepted in freedom for faith :CJI
Religion is basically way of life however certain practices create incongruities.CJI #Sabarimala
Breaking: In view of Shirur Mutt, devotees of #Ayyappa do not constitute separate religious denomination: Supreme Court
Breaking: The right guaranteed under article 25 has nothing to do with gender or physiological factors: CJI
Breaking: The exclusionary practice given the backing of a legislation is not an integral part of religion: CJI for majority
The said rules are ultra vires the Constitution: SC
Breaking: SC Constitution Bench Allows Women' s Entry To #SABARIMAL temple By 4:1
There is no protection under Article 26 for Ayyappa devotees and therefore the rules will not apply insofar as #Sabarimala is concerned.: Justice Nariman
There was an submission stating that there should be adducing of evidence. In writ petitions there is nothing called evidence and affidavits constitute evidence.: Justice Nariman
Rules Disallowing women in #Sabarimala unconstitutional and violative of Article 21
Morality for the purpose of 25 and 26 is ephemeral in nature.
Fundamental Rights under PART III of Constitution is essential for transformation of a society: Nariman
Dignity of individual is an unwavering nature of fundamental rights: Nariman #Sabarimala
Anything destructive of individuality is anachronistic of Constitutionality
To treat women as lesser people blinks at the Constitution itself: Justice Nariman
Breaking: The fact that women have a physiological feature of menstruating has nothing to do with her right to pray: Justice Nariman #Sabarimala
Women cannot keep #vratham is of the notion that they are meek and weak: Nariman
Ayyappans do not create a religious denomination: Nariman #Sabarimala
Birthmarks and physiology are not the basis to deny constitutional entitlements.
To treat women as children of a lesser god is to blink at the constitution itself. Justice Chandrachud
We should proceed as if practice is essential to the religion but it should Constitution: Chandrachud
Issues of deep religious sentiments should not be ordinarily be interfered by the Court: Justice Indu malhotra in her dissenting opinion
#Sabarimala shrine and the deity is protected by Article 25 of Constitution of India : Justice Indu Malhotra
Court should not interfere unless if there is any aggrieved person from that section or religion: Indu Malhotra #Sabarimala
Correction: Justice Chnadrachud
Notion of rationality should not be seen in matters of religion: Indu Malhotra
If there are clear attributes that there exists a section with identifiable characteristics, they constitute religious denomination: Indu Malhotra
Worshipers of #Sabarimala have attributes of religious denomination or sect: Indu Malhotra
Temple gets funds from Devaswam Board not from CFI
Over
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#Section377 : The Constitution Bench assembles for pronouncement of verdict
CJI says its a unanimous verdict expressed through four separate but concurring judgments
"#Section377 is arbitrary. LGBT community posses rights like others. Majoritarian views and popular morality cannot dictate constitutional rights"- CJI Misra's judgment #LGBT
#Section377 Day 4 : Adv. Manoj George, representing two Christian Associations, starts arguments in support of #Section377 IPC
He submits that there is intelligible differentia in #Section377 as classification is based on whether carnal intercourse against "order of nature" or not
Justice Chandrachud asks" what is the order of nature?" #Section377
#Section377 Day 3 Session 1 : Shyam Divan, Senior Advocate, has resumed arguments. He is appearing for intervenor "Voices Against 377" #LGBTQ
Divan emphasises on positive dimension of Article 14, states that it includes 'equal protection of law'. Refers to Justice Nariman's judgment in Triple Talaq case case to highlight 'equal protection of law'
Divan bats for "Right to Intimacy" quoting from South African Constitutional Court that right to privacy covers right to maintain intimate relations unaffected by law #Section377#Sec377IPC
ASG Thushar Mehta submits that Union of India will leave the matter of constitutionality of #Section377 to be decided by the Court. #Sec377#LGBTQ
ASG further submits that the practises like incest should not be promoted. CJI allays such apprehensions by retorting that such relationships are void under law
CJI states that Court is considering only the issue whether homosexual practises should be treated as a crime. ASG replies that Union of India leaves this issue to the wisdom of the Court, but if the Court is considering larger issues Union of India will file detailed statement
In a significant judgment, SC has ruled that members of the medical profession owe a constitutional duty to treat the have-nots & that they cannot refuse to treat a person in dire need of treatment merely on the ground that he can't afford the fee. [1/n]
Allowing the appeals preferred by Union of India, a bench of Justice Arun Mishra and Justice Uday Umesh Lalit set aside the Delhi High Court order that had quashed the circular issued by the Government of NCT of Delhi. [2/n]
The bench also directed all the hospitals in Delhi built on subsidized land to scrupulously observe the conditions imposed by the government circular including that to provide free treatment to 10% indoor patients and 25% outdoor patients of poor strata of the society. [3/n]