Women’s rights & religion: CJI-led 9-J bench includes all faiths, and a woman | India News
New Delhi: Inspired by the thumb rule that “justice should not only be done, but seen to be done”, CJI Surya Kant constituted a nine-judge bench, including judges from all religions and one woman, to determine the validity of the controversial socio-religious rule that dictates centuries-old women’s rights.Since socio-religious issues are related to the alleged circumvention of women’s right to enter religious places, the bench headed by the CJI will comprise Justice BV Nagarathna, the only woman judge in SC who will become the first woman CJI next year, Justice MM Sundresh, Justice Ahsanuddin Amanullah, a Muslim, Justice Augustine G Masih, a Versailles Christian and Justice Dalal Republic. Enthusiastic, Justice R Mahadevan, Justice Jaimalya Bagchi and Justice Arvind Kumar.The nine-judge bench will begin hearing from April 7 on the controversial socio-legal-religious conflict between faith and fundamental rights that began with its September 2018 judgment allowing entry of women of all ages. Sabarimala templewhich traditionally barred entry to women of menstruating ageThe judgment invited multiple petitions for reconsideration and active outcry for similar judgments in PILs that sought the entry of women into mosques, the abolition of the practice of khatna (female genital mutilation or FGN) among members of the Dawoodi Bohra community, and the entry of Parsi women, who have married into temples (agrephiria). The Center supported the review petition. The SC’s 2018 verdict struck down the Sabarimala temple tradition of not allowing female worshipers aged 10-50 to enter, a faith-based belief that the presiding deity Ayyappa is a “celibate celibate”.CJI Kant was the only judge among the nine-judge bench headed by then CJI SA Bobde to hear the matter for the first time in 2020. The nine-judge bench comprising CJI Bobde, and Justices R Bhanumathi, Ashok Bhushan, L Nageshwar Rao, MM Shantanagouddar, S Abdul Najeshwar, S Abdul Nazir and Justice K.On November 14, 2019, a five-judge bench headed by then CJI Ranjan Gogoi, by a three-two majority, in its September 28 judgment disallowed entry of women of all ages, but directed a seven-judge bench to formulate guidelines for deciding women’s rights cases and women’s rights cases involving faith. Entry to temples, mosques and agiaries. CJI Bobde exercised his discretion and referred the matter to a 9-J Bench.The SC said that individual issues – access to Sabarimala, mosques and aghiaris as well as FGM for women – would be decided by the small bench based on the guidelines of the nine-judge bench.
