With 5 posers, SC sends Sabarimala case to 5-judge Constitution bench
Govt told to set up panel on ‘Blue Whale’
New Delhi: The SC on Friday referred to a five-judge Constitution bench petitions seeking to scrap the Sabarimala temple’s customary ban on the entry of women aged 10-50 years, that is, those in the menstruating age, terming the issue significant. A bench of CJI Dipak Misra and Justice R Banumathi and Justice Ashok Bhushan noted both sides’ arguments and framed five questions for the Constitution bench to deliberate.
Whether the exclusionary practice, based upon a biological factor exclusive to the female gender, amounts to “discrimination”, and thereby violates the very The
SC on Friday sought in two weeks the Centre’s response on a PIL seeking a ban on Blue Whale. Apart from the ‘killer’ game, petitioner advocate Sneha Kalita also drew the court’s attention to other online games aimed at self-harm, namely ‘A Silent House’, ‘A Sea of Whales’ and ‘Wake Me Up at 4.20 am’, which could pose a serious threat to youngsters. A bench of CJI Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud directed the Centre to urgently set up an expert body to study the problem and suggest regulatory measures. The SC posted the case for further hearing on October 27. core of Articles 14, 15 and 17 of the Constitution, and is not protected by “morality” as used in Articles 25 and 26?
Whether the practice constitutes an “essential religious practice” under Article 25, and whether a religious institution can assert a claim in that regard under the umbrella of right to manage its own affairs in the matters of religion?
Whether the Ayyappa temple has a denominational character and, if so, is it permissible on the part of a ‘religious denomination’, managed by a statutory board and financed under Article 290A of the Constitution out of the Consolidated Fund of Kerala and Tamil Nadu, to indulge in such practices, violating constitutional principles/morality embedded in Articles 14, 15 (3), 39(a) and 51A(e)?
Whether Rule 3 of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, permits a ‘religious denomination’ to ban the entry of women aged 10 to 50 years? And, if so, would it not run foul of Articles 14 and 15(3) of the Constitution by restricting entry on the grounds of sex?
Whether Rule 3(b) is ultra vires the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965, and, if treated to be intra vires, whether it will be violative of the provisions of Part III of the Constitution?