Women’s rights vs women’s rights Religion: CJI-led 9-J bench includes all faiths and has a woman

New Delhi: Inspired by the rule of thumb that “justice must not only be done but must be done visibly”, CJI Surya Kant constituted a nine-judge bench, including judges from various faiths and a woman, to decide the validity of contentious socio-religious norms that represent a centuries-old battle between women’s rights and faith.As the socio-religious issue involves the alleged restriction on women’s rights to enter religious places, the bench headed by the CJI will include Justice B V Nagarathna (the only woman judge in South Carolina who will become the first woman CJI next year), Justice MM Sundresh, Justice Ahsanuddin Amanullah, a Muslim, Justice Augustine G Masih, a Christian, Justice Prasanna B Varala, a dalit and ghazal lover, Justice R Mahadevan, Justice R Mahadevan, Justice R Mahadevan. Justices Joymalya Bagchi and Aravind Kumar.The nine-judge tribunal will begin hearings on April 7 on the contentious socio-legal religious conflict between faith and fundamental rights, triggered by a September 2018 ruling allowing entry for women of all ages. Sabarimala Templewomen of menstruating age are generally prohibited from entering.The verdict has prompted scrutiny of a slew of petitions and triggered calls for PILs seeking similar rulings seeking women’s entry into mosques, an abolition of the khatna (female genital mutilation or FGN) practice among members of the Dawoodi Bohra community and entry into Agiyari (fire temples) for Parsi women married to non-Parsis. The Center has provided support for the review request. The SC’s 2018 verdict overturned the tradition of not allowing entry of female devotees in the age group of 10 to 50 years at the Sabarimala shrine, a faith-based belief that the presiding deity Ayyappa is a “naishtik brahmachari”.CJI Kant is the only remaining judge from the nine-judge bench headed by then CJI SA Bobde, who first heard the case in 2020. The nine-judge bench comprised CJI Bobde and Justices R Banumathi, Ashok Bhushan, L Nageswara Rao, MM Shantanagoudar, S Abdul Nazeer, R Subhash Reddy, BR Gavai and Kant.On November 14, 2019, a five-judge bench headed by then CJI Ranjan Gogoi, in a three-to-two majority vote, did not disturb the September 28 verdict allowing entry of women of all ages but asked the seven-judge bench to frame guidelines to decide cases involving conflict of fundamental rights and beliefs arising from women’s entry into temples, mosques and agyari. CJI Bobde used his discretion to refer the matter to the 9-J bench.The Supreme Court said individual issues – entry of women into Sabarimala, mosques and agyari and female genital mutilation – will be decided by a smaller bench based on guidelines laid down by a nine-judge bench.