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<ul><li>The <keyword id="6354977" type="ORGANIZATION" weightage="20" keywordseo="Supreme-Court">Supreme Court</keyword> is reviewing the entry of women of all ages into the temple.</li><li>The Supreme Court today moved the matter to a seven member bench, from the current five bench judgement.</li><li>Before the last SC verdict women of menstruating age were not allowed to enter the temple because the deity is believed to celibate. </li></ul>The controversial <keyword id="498405" type="PERSON" weightage="20" keywordseo="Sabarimala-case">Sabarimala case</keyword> shows no signs of dying down. The Supreme Court today moved the matter to a seven member bench, from the current five bench judgment. The petitions that were filed to review its earlier judgment are kept pending. The Court needs time to review the matter, said a lawyer who was speaking outside the Supreme Court. 
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 The top court is reviewing the entry of women of all ages into the temple. Before the last SC verdict women of menstruating age were not allowed to enter the temple because the deity is believed to celibate. Today's appeal is expected to settle the debate once and for all. The Supreme Court with a 5-judge bench led by <keyword id="548459" type="PERSON" weightage="20" keywordseo="Chief-Justice-Ranjan-Gogoi">Chief Justice Ranjan Gogoi</keyword> was reviewing 64 petitions which had challenged its earlier verdict. Last year, in a landmark judgment, the Supreme Court had allowed menstruating women between the age group of 10-50 to enter the temple. The earlier verdict was passed by a 5-judge bench which included the then Chief Justice Dipak Misra, and Justices A. M. Khanwilkar, R. F. Nariman, Indu Malhotra and D. Y. Chandrachud. It wasn’t a unanimous judgment with the only woman on the panel Justice Indu Malhotra opposing the decision where she had said that the rational arguments cannot be applied to matters of religion and that religious practices are more complex than the right to equality. Then, the body which manages the <keyword id="453325" type="UNKNOWN" weightage="20" keywordseo="sabarimala-temple">Sabarimala temple</keyword> – the Travancore Devaswom Board (TDB) and the custodians of the temple, the Pandalam royal family had expressed its disappointment with the verdict. Since then, the temple has seen multiple protests from both sides of the party – the temple authorities have challenged the court’s verdict, while women have on different occasions <a href="https://www.ndtv.com/india-news/two-women-below-50-enter-keralas-sabarimala-temple-police-sources-1971204">sneaked into</a> the temple and were escorted by cops. The Mandala season is here From Wednesday, the security at Sabarimala temple, which opens its doors on Sunday for devotees for the two-month long festival, has been tightened before the verdict. According to IANS, the police have classified the two month long season ⁠— from November to January ⁠— into four segments with the first two weeks starting on November 15 to November 29 and in all 2,551 police personnel would be posted in and around the temple complex.

Supreme Court moves Sabarimala case to a 7-judge bench

<ul><li>“Essential” religious practices will be termed as “unconstitutional” if they discriminate on grounds of <keyword id="6360838" type="UNKNOWN" weightage="20" keywordseo="caste">caste</keyword> or sex, the SC said. </li><li>The apex court evoked the fundamental right to equality and Article 25(2) to give this verdict in the <keyword id="75061" type="PERSON" weightage="20" keywordseo="Sabarimala-Ayyappa-temple">Sabarimala Ayyappa temple</keyword> case. </li><li>The temple did not let women between the age of 10 to 50 years, enter its premises. However, SC said that it was unconstitutional. </li></ul>The Supreme Court has recently given the <a href="https://timesofindia.indiatimes.com/india/essential-religious-practices-if-biased-can-be-struck-down-supreme-court/articleshow/65141215.cms">judgement </a>that “essential and integral” religious practices can be struck down if they are biased. The apex court said that practices were “unconstitutional” if they discriminated on grounds of caste or sex and that the fundamental rights would be upheld against them. Thus verdict was announced when the SC was hearing petitions challenging the Sabarimala Ayyappa temple’s custom of barring women, between the ages of 10 and 50, from entering the temple. A bench headed by Chief Justice Dipak Misra, called upon <keyword id="2598255" type="PERSON" weightage="20" keywordseo="Article-15">Article 15</keyword>, which establishes the Fundamental right to equality, and <keyword id="4535312" type="PERSON" weightage="20" keywordseo="article-25">Article 25</keyword> (2), which bestows a duty on constitutional courts and governments to act against any religious practice that is discriminatory towards women. The senior advocate and former attorney general K Parasaran, who was the lawyer appearing in the court on behalf of the <keyword id="378621" type="COMPANY" weightage="20" keywordseo="Nair-Service-Society">Nair Service Society</keyword>, an organisation created for the upliftment and welfare of the Nair community, argued that the temple does not discriminate against women, entirely. It lets women below the age of 10 years and above the age of 50 years enter the temple. He further added that Lord Ayyappa, in whose honour the temple was built, is a celibate pristine God and therefore, fertile or menstruating women are not allowed to enter the premises. The argument caused a halt in the bench’s desire to test the temple’ customs in terms of the constitutional provisions. However, the court soon decided to reply by quoting Article 25 (2) which says that legislature can enact a law to provide for "social welfare and reforms or throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus". The judges also added that this article applies to all religious institutions and not just Hindus. Though Parasaran acknowledged it, he also argued that the Constitution preserves the Fundamental Right that protects the practices and customs which are integral to a religious denomination. In response, the judges pointed out that if the practice or custom is biased, like barring a certain group from entering the temple, the legislature is empowered by the Constitution, itself, to enact a law and throw open the temple to everyone. And since, untouchability and discrimination on the ground of sex are prohibited under the Constitution, the Sabarimala Temple custom of barring the entry of women of a certain age group could also fall foul of constitutional ethos or could be termed unconstitutional, the jury declared.

Essential and integral religious practices can be overruled if they are biased: SC

<ul><li>The Supreme Court of <keyword id="3658" type="LOCATION" weightage="20" keywordseo="India">India</keyword> lifted the ban imposed on setting up a dance bar in <keyword id="13126" type="LOCATION" weightage="20" keywordseo="Maharashtra">Maharashtra</keyword> today. </li><li>It also ruled against other proposed restrictions like the installation of cameras inside the bar. </li><li>The decision came in when a petition challenged the strict norms levied by state government that made it almost impossible to set up and run a dance bar in Maharashtra. </li></ul>The ban on <keyword id="94250" type="PERSON" weightage="20" keywordseo="Dance-bars">dance bars</keyword> in India’s financial capital has been lifted by the country’s Supreme Court. The government of Maharashtra can regulate these bars but cannot fully prohibit them, the court said in its verdict. The court ruling also overturned installation of cameras inside the bars as it invades privacy. The Supreme Court has also removed the mandatory condition of dance bars to be one kilometer away from religious places or school citing it ‘unreasonable’ for <keyword id="6358070" type="LOCATION" weightage="20" keywordseo="mumbai">Mumbai</keyword>. In 2018, some of the dance bars in Maharashtra that were already carrying out business were exempted from certain clauses of the new law imposed by the state government.The top court said the laws were ‘weird and ridiculous’. Mumbai has a long history of ‘dance bars’ — bars that had women entertaining guests with private or group dancing in exchange for tips. However, these were banned in 2005 by the state government, mostly on moral grounds, but was later struck down by the Bombay High Court in 2013. However, the then Congress government brought an ordinance to implement the ban. Today’s verdict from the SC allows aspiring dance bar operators to procure a licence from the state government and operate under stricter regulations. While the government took a <a href="https://www.livelaw.in/top-stories/maharashtra-dance-bar-sc-142189">moral high ground</a> on the debate over dance bars, a union of the dancers, called the 'Bharatiya Bargirls Union’ complained that the ban was not amoral or hurting their dignity, it only took away a source of livelihood. See also: <a href="https://www.businessinsider.in/miscellaneous/10-landmark-judgements-indias-supreme-court-passed-in-2018/slidelist/67254190.cms">10 landmark judgements India’s Supreme Court passed in 2018</a> <a href="https://www.businessinsider.in/all-you-need-to-know-about-the-landmark-supreme-court-verdict-on-reservation-quotas-for-job-promotions/articleshow/65981169.cms">All you need to know about the landmark Supreme Court verdict on reservation quotas for job promotions</a> <a href="https://www.businessinsider.in/supreme-court-of-india-lifts-ban-women-of-all-ages-can-now-enter-sabarimala-temple/articleshow/65993339.cms">Supreme Court of India lifts ban, women of all ages can now enter Sabarimala temple</a>

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Supreme Court moves Sabarimala case to a 7-judge bench

Sanchita Dash

Essential and integral religious practices can be overruled if they are biased: SC

BI India Bureau

Mumbai can have dance bars again but conditions apply

Sriram Iyer

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