Dharma (Hindu) cannot be hollowed out in the name of reform ! : Supreme Court

• In the case regarding women’s entry into the Sabarimala Temple, the Supreme Court rebuked Advocate Indira Jaising.

• The Court also observed that matters of faith and belief cannot be debated in a Court of Law.

• SUPREME COURT SAYS RELIGION CANNOT CHANGE FOR SOCIAL REFORM

New Delhi – Hearings are ongoing in the Supreme Court regarding petitions related to women’s entry into the Sabarimala Temple in Keralam and other religious places. During the hearing on April 29, while responding to the arguments of Advocate Indira Jaising, who is opposing the restriction on women’s entry into the Sabarimala Temple, the Supreme Court made a significant observation. The Court stated that religion cannot be hollowed out in the name of social reform. Matters of faith and belief cannot be argued in Court. The Court further said that it never decides what is essential and what is not essential according to Dharma (Religion); such decisions are made by Dharma itself.

Adv. Jaising’s anti-Hindu arguments and Justice Nagarathna’s response

Justice BV Nagarathna said that we cannot ignore the development of civilization in this land and its religious history. Ultimately, Articles 25 and 26 of the Constitution were shaped by this historical background.

In response, Advocate Jaising argued that this can be debated and that it is a blank slate. She said that India does not have separate Courts to adjudicate religious disputes, unlike some other countries such as Pakistan and Bangladesh. There are neither Sharia Courts nor any other form of religious Courts in India. Therefore, if an individual brings a genuine dispute to the Supreme Court, it cannot refuse to hear it. She added that no standard is superior to constitutional principles in this country, and this reality must be kept in mind while deliberating on religious matters.

Court’s observation : Religious history cannot be ignored

Justice BV Nagarathna responded that although the Constitution and all legal frameworks are supreme, history cannot be forgotten because it shapes the present. One cannot ignore the past and claim that the present is a blank slate.

Is someone from North India seeking entry into the Sabarimala Temple ?

Justice Nagarathna remarked that the Court must determine who is seeking entry into the Sabarimala Temple. How can an individual from North India claim entry into a temple in the South ? Is that individual truly a devotee ? This is also an aspect that needs careful examination.

Hearing on restriction of women’s entry into Sabarimala continues

The hearing on the Sabarimala Temple case has been ongoing since April 7. The Union Government has argued against allowing women’s entry, stating that in many temples dedicated to Goddesses in the country, men are also not permitted entry. Therefore, religious traditions should be respected.