Odisha News, Odisha Latest news, Odisha Daily - OrissaPOST
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
No Result
View All Result
OrissaPOST - Odisha Latest news, English Daily -
No Result
View All Result

Sabarimala case: SC says it can hold what superstition in a religion is, Centre opposes

PTI
Updated: April 8th, 2026, 14:16 IST
in Home News, National
0
Supreme Court

Pic- IANS

Share on FacebookShare on TwitterShare on WhatsAppShare on Linkedin

New Delhi: Supreme Court Wednesday observed that it has the right and jurisdiction to hold what is a superstitious practice in a religion.

This came in response to the Centre’s submission that a secular court cannot decide the issue as judges are experts in the field of law, not religion.

Also Read

Stray dogs

Three-year-old girl from Odisha mauled to death by stray dogs in Telangana

12 hours ago
Piyush Goyal

First tranche of India-US trade deal almost finalised: Piyush Goyal

12 hours ago

A nine-judge constitution bench headed by Chief Justice of India Surya Kant is hearing petitions related to discrimination against women at religious places, including the Sabarimala temple in Kerala, and on the ambit and scope of religious freedom practised by multiple faiths.

At the outset, Solicitor General Tushar Mehta, appearing for the Centre, asked how the court decides what a superstitious practice is.

“Even assuming that there is a superstitious practice,” he said, “It is not for the court to determine that it is superstition. Under Article 25(2)(b) of the Constitution, it is for the legislature to step in and enact a reform law.”

“The legislature can say that a particular practice is superstition and requires reform. There are several such statutes and laws, for the prevention of black magic and other such practices,” Mehta told the bench, which also comprised Justices B V Nagarathna, M M Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan and Joymalya Bagchi.

Responding to Mehta’s submission, Justice Amanullah said the statement is too simplistic, as the court has the right and the jurisdiction to hold whether something is superstitious.

“What will follow is for the legislature to deal with. But, in court, you cannot say that whatever the legislature decides is the last word. That cannot be,” he said.

Mehta said a secular court cannot decide that a religious practice is mere superstition, because the court may not possess such scholarly competence.

“Your Lordships are experts in the field of law, not religion,” he said.

The solicitor general argued, “Something religious for Nagaland may be a superstition for me. We are in a greatly diverse society. Maharashtra has Black Act. They may say this is the practice prevalent in our area and that’s why we protect it under Article 25(2)(b),” Mehta said.

Justice Bagchi asked if witchcraft was part of religious practice, would it not be considered superstition?

“Your argument is that it is for the legislature to take up and prohibit any practice that promotes it (witchcraft). Let us say the court is approached under Article 32 of the Constitution, saying that a religious practice of witchcraft exists, and the legislature is silent. Can the court not use the ‘doctrine of unoccupied field’ to give directions to prohibit such a practice, keeping in mind … health, morality and public order?” Justice Bagchi asked Mehta.

The solicitor general replied that judicial review can be done because it falls under ‘health, morality and public order’, and not because it is superstition.

Justice Nagarathna opined that in determining what an essential religious practice is, the court should view it through the lens of the philosophy of that particular religion.

“You cannot apply (the views of) some other religion and say this is not essential religious practice. The approach of the court is to apply the philosophy of that religion, subject to health, morality and public order,” Justice Nagarathna said.

The hearing is underway.

In September 2018, a five-judge Constitution bench, by a 4:1 majority verdict, had lifted the ban that prevented women between the ages of 10 and 50 from entering the Sabarimala Ayyappa temple in Kerala, and held that the centuries-old Hindu religious practice was illegal and unconstitutional.

Later, on November 14, 2019, another five-judge bench headed by the then CJI Ranjan Gogoi, by a majority of 3:2, referred the issue of discrimination against women at various places of worship to a larger bench.

The bench had then framed broad issues on freedom across religions, saying they cannot be decided without any facts of the particular case.

PTI

Orissa POST – Odisha’s No.1 English Daily
Tags: CentreSabarimala caseSupreme Court
ShareTweetSendShare
Suggest A Correction

Enter your email to get our daily news in your inbox.

 

OrissaPOST epaper Sunday POST OrissaPOST epaper

Click Here: Plastic Free Odisha

#MyPaperBagChallenge

D Rama Rao

December 12, 2019
#MyPaperBagChallenge

Mrutyunjaya Behera

December 12, 2019
#MyPaperBagChallenge

Sibarama Khotei

December 12, 2019
#MyPaperBagChallenge

Jyotshna Mayee Pattnaik

December 12, 2019
#MyPaperBagChallenge

Spinoj Pattnaik

December 12, 2019
#MyPaperBagChallenge

Rajashree Pravati Mohanty

December 12, 2019
#MyPaperBagChallenge

Manas Samanta

December 12, 2019
#MyPaperBagChallenge

Archana Parida

December 12, 2019
#MyPaperBagChallenge

Matrumangal Jena

December 12, 2019
#MyPaperBagChallenge

Sarfraz Ahmad

December 12, 2019
#MyPaperBagChallenge

Debasis Mohanty

December 12, 2019
#MyPaperBagChallenge

Pratyasharani Ghibela

December 12, 2019
#MyPaperBagChallenge

Subhajyoti Mohanty

December 12, 2019
#MyPaperBagChallenge

Rajashree Manasa Mohanty

December 12, 2019
#MyPaperBagChallenge

Amritansh Mishra

December 12, 2019
#MyPaperBagChallenge

Sarmistha Nayak

December 12, 2019
#MyPaperBagChallenge

Pitabas Tripathy

December 12, 2019
#MyPaperBagChallenge

Chinmay Kumar Routray

December 12, 2019
#MyPaperBagChallenge

Geetanjali Patro

December 12, 2019
#MyPaperBagChallenge

Adweeti Bhattacharya

December 12, 2019
#MyPaperBagChallenge

Anup Mahapatra

December 12, 2019
#MyPaperBagChallenge

Ramakanta Sahoo

December 12, 2019
#MyPaperBagChallenge

Faiza Firdous

December 12, 2019
#MyPaperBagChallenge

Sisirkumar Maharana

December 12, 2019
#MyPaperBagChallenge

Akshaya Kumar Dash

December 12, 2019
#MyPaperBagChallenge

Bijswajit Pradhan

December 12, 2019
#MyPaperBagChallenge

Pragyan Priyambada

December 12, 2019
#MyPaperBagChallenge

Arya Ayushman

December 12, 2019
#MyPaperBagChallenge

Surya Sidhant Rath

December 12, 2019
#MyPaperBagChallenge

Jhili Jena

December 12, 2019

Archives

Editorial

Spirited Pope

Pope Leo XIV
April 21, 2026

It is a patently false contention to tell religious leaders to mind things moral and spiritual and leave temporal or...

Read moreDetails

Guise in Nomenclature

Delimitation Bill 2026
April 20, 2026

The defeat of the Bill linked to women’s reservation in the Lok Sabha on 17 April is not merely a...

Read moreDetails

Following, Not Leading

Aakar Patel
April 19, 2026

By Aakar Patel What explains our inability or, if we are to be charitable, our reticence, to influence the world...

Read moreDetails

Command Confusion

Dilip Cherian
April 18, 2026

By Dilip Cherian If you thought turf wars in Delhi were messy, Tamil Nadu has just offered a tighter, sharper...

Read moreDetails
  • Home
  • State
  • Metro
  • National
  • International
  • Business
  • Editorial
  • Opinion
  • Sports
  • About Us
  • Advertise
  • Contact Us
  • Jobs
Developed By Ratna Technology

© 2025 All rights Reserved by OrissaPOST

  • News in Odia
  • Orissa POST Epaper
  • Video
  • Home
  • Trending
  • Metro
  • State
  • Odisha Special
  • National
  • International
  • Sports
  • Business
  • Editorial
  • Entertainment
  • Horoscope
  • Careers
  • Feature
  • Today’s Pic
  • Opinion
  • Sci-Tech
  • About Us
  • Contact Us
  • Jobs

© 2025 All rights Reserved by OrissaPOST

    • News in Odia
    • Orissa POST Epaper
    • Video
    • Home
    • Trending
    • Metro
    • State
    • Odisha Special
    • National
    • International
    • Sports
    • Business
    • Editorial
    • Entertainment
    • Horoscope
    • Careers
    • Feature
    • Today’s Pic
    • Opinion
    • Sci-Tech
    • About Us
    • Contact Us
    • Jobs

    © 2025 All rights Reserved by OrissaPOST