ON THURSDAY, a nine-judge Constitution Bench of the Supreme Court led by Chief Justice of India Surya Kant concluded sixteen days of hearings in the Sabarimala Reference and reserved judgment. On Wednesday and Thursday, the last two days of hearings, Respondents, Review Petitioners and the Union government put forward a plethora of submissions.
‘Protect religion, but acknowledge it can also be impediment for social justice’: Prof. G. Mohan Gopal
On Tuesday, Dr. G. Mohan Gopal, representing an intervener Sree Narayana Manava Dharmam Trust, commenced his submissions by bringing the Court’s attention to the question of the “demand for social justice” within the very spheres of religious communities. He argued that the right of people within a community to usher reforms is also as an act protected by the constructions of Articles 25 and 26 . Gopal in his submissions termed the Sabarimala Reference as not just any other case but a deep reflection on the conceptuality of religion itself. He made reference to a document which was submitted by Dr. B.R. Ambedkar as a proposal for the right to religion which in its Clause 14 talked about the liberty of conscience which ought to be guaranteed by the State.
He further submitted that faith in god should not be substituted with faith in clergy. He expanded that by the virtue of faith no individual can be compelled to become ‘ a member of the religious association which is inclusive of not being compelled to follow religious instructions.
He pressed upon the need to ‘protect religion’ whilst acknowledging that religion could be an impediment for ‘social justice’ highlighting the need for regulation of the same.
