Kerala Govt shifts stand on entry of women into Sabarimala temple, Pg1

Key Highlights:

• The Kerala government has shifted its stance on women's entry into the Sabarimala temple, now advocating for broad consultations before any changes to existing religious practices.
• This marks a departure from the government's earlier support of the Supreme Court's 2018 verdict, which allowed women of all ages to enter the temple.
• A nine-Judge Constitution Bench is scheduled to begin hearing constitutional questions arising from review petitions of the 2018 judgment on April 7.
• The government suggests the court should assess opinions of religious scholars and social reformers before making any decisions.

Detailed Insights:

• The 2018 Supreme Court verdict, delivered by a five-Judge Bench, had a 4-1 majority holding that the prohibition of women aged 10-50 from entering the Sabarimala temple was discriminatory.
• The Kerala government's written submission to the Supreme Court argues that judicial review should focus on the genuineness of religious beliefs rather than their appeal to reason.
• In November 2019, a five-Judge bench, with a 3:2 majority, referred the review petitions to a larger bench, raising concerns about the judgment's potential impact on other religions.
• The nine-Judge bench will consider seven key questions, including the interplay between religious freedom (Articles 25 and 26) and other fundamental rights, and the scope of judicial review in identifying essential religious practices.

Key Concepts Involved:

• Article 25: Guarantees the freedom of conscience and free profession, practice, and propagation of religion.
• Article 26: Protects the right of religious denominations to manage their own affairs in matters of religion.
• Judicial Review: The power of the judiciary to examine the actions of the legislative and executive branches of government and determine whether such actions are consistent with the constitution.