Supreme Court's 9-Judge Bench to Hear Sabarimala Review Petitions from April 7
The Supreme Court of India has taken a significant step in the ongoing legal saga surrounding the Sabarimala temple by constituting a nine-judge bench to hear review petitions. This bench will commence hearings on April 7, 2024, marking a pivotal moment in the judicial review of the 2018 verdict that allowed women of all ages to enter the temple.
Background of the Sabarimala Case
The controversy dates back to 2018 when a five-judge bench of the Supreme Court, in a landmark 4-1 majority decision, struck down the centuries-old tradition that barred women aged 10 to 50 from entering the Sabarimala shrine in Kerala. The court ruled that this practice violated the fundamental rights of women under the Constitution, particularly the right to equality and freedom of religion.
However, this verdict sparked widespread protests and legal challenges, leading to a series of review petitions filed by various parties, including devotees, religious groups, and the Kerala government. The Supreme Court had previously referred these petitions to a larger bench in 2019, but the process was delayed due to the COVID-19 pandemic and other judicial priorities.
Formation of the 9-Judge Bench
The decision to form a nine-judge bench underscores the complexity and constitutional importance of the Sabarimala issue. This bench is one of the largest constituted in recent years for a review petition, highlighting the court's recognition of the multifaceted legal and social dimensions involved.
The bench is expected to delve into broader questions of religious freedom, gender equality, and the interplay between constitutional rights and traditional practices. Legal experts anticipate that the hearings will not only address the specific Sabarimala case but also set precedents for similar disputes involving religious customs across India.
Key Aspects of the Upcoming Hearings
Commencement Date: The hearings are scheduled to begin on April 7, 2024, with the bench likely to sit for extended sessions to expedite the process.
Legal Arguments: Petitioners are expected to argue that the 2018 verdict infringed upon the religious rights of devotees and disrupted long-standing traditions. They may also challenge the court's interpretation of constitutional provisions related to religion and gender.
Constitutional Implications: The nine-judge bench will examine whether the earlier decision aligns with the principles of secularism and equality enshrined in the Indian Constitution. This could involve a re-evaluation of landmark judgments on religious practices and women's rights.
Potential Outcomes and Impact
The outcome of these hearings could have far-reaching consequences:
- Legal Precedent: A decision by the nine-judge bench might establish new guidelines for balancing religious customs with constitutional mandates, influencing future cases on similar issues.
- Social Repercussions: Depending on the verdict, it could either reinforce gender inclusivity in religious spaces or reaffirm traditional practices, potentially affecting social harmony and women's rights movements in India.
- Political Ramifications: The Sabarimala issue has been a contentious topic in Indian politics, with various parties taking stances based on religious and gender considerations. The court's ruling may impact political discourse and electoral dynamics, particularly in Kerala and other regions with significant Hindu populations.
As the hearings approach, stakeholders from all sides are preparing their arguments, with the legal community closely watching for developments that could reshape India's jurisprudence on religion and equality.
