It’s difficult for courts to rule on time-honored religious beliefs: CJI Surya Kant

New Delhi: “The most difficult part for the Constitutional Court is to rule on whether centuries-old beliefs of millions of believers are right or wrong,” CJI Surya Kant said on Wednesday as a nine-judge Constitution bench under him continued hearings on whether the Constitutional Court can be the arbiter of faith-related issues. Reported by Dhananjay Mahapatra.Justice MM Sundresh expressed sympathy with the CJI’s contention: “This also fails to take into account the views of millions of devotees and is purely based on the pleas of the PIL petitioners, the state and religious organisations.”The CPM-controlled Travancore Devaswom Board of Kerala temples on Wednesday said it is not possible for the SC to abolish the centuries-old custom of barring menstruating women from entering the Sabarimala Ayyappa temple as it is an integral part of the character of the celibate deity (Naistika Brahmachari).Senior advocate AM Singhvi, representing the TDB, told the nine-judge bench that there are more than 1,000 temples in India where women of all ages can enter and worship Lord Ayyappa, but the deity at the Sabarimala temple has unique attributes and manifestations.The TDB advised the SC to exercise extreme caution while entertaining PILs from a small number of individuals seeking judicial intervention in matters of faith, faith and religion.Talking about the 2018 SC verdict on the Sabarimala temple entry issue, Singhvi said, “Lord Ayyappa at Sabarimala is the only form of Ayyappa as the eternal Bhramacharya, i.e. ‘Naishtika Brahamachari’.”Explaining why fertile women in the age group of 10 to 50 years are prohibited from entering the temple, he said, “The fundamental basis of His power and fame lies in His identity as the eternal Brahmachari. Therefore, all forms of female fertility and all ‘Grhasthasrama’ must be practiced strictly away from the inner nature and identity of God.”Singhvi’s argument completed the political spin of the CPM, which went from enthusiastically supporting the Supreme Council’s verdict in the Sabarimala case to opposing it with equal vigor. The reversal was driven by strong opposition, leading to a crushing defeat for the CPM in the 2024 Lok Sabha polls.Refuting the 2018 Supreme Court judgment regulating exclusion, Singhvi said: “Such alienation and exclusion of fertile women with child-bearing capacity has a direct link with the faith, beliefs and objects of worship of the deity and cannot be remotely construed as constituting exclusion on extraneous and irrelevant grounds.”TDB said there is no gender exclusion as women below 10 years and above 50 years can enter the Sabarimala temple. According to centuries-old religious beliefs, “Maintaining the purity of the idol/god in the form of Naishtika Brahmacharya is also the primary goal sought to be achieved”.Singhvi told the bench that PILs that enjoy a liberal stance should be discouraged on issues involving religious rights.