Supreme Court Chief Justice Surya Kant has constituted a nine-judge bench to decide on women's entry rights and faith-based restrictions, marking a pivotal moment in India's legal history.
NEW DELHI: In a landmark move to uphold the principle that justice must be seen to be done, Chief Justice Surya Kant has constituted a nine-judge bench to adjudicate the complex intersection of women's rights and religious traditions. This specialized bench is uniquely diverse, comprising judges from all major faiths and including Justice B V Nagarathna, the only female judge currently on the Supreme Court. The bench will commence hearings on April 7 to decide the validity of controversial socio-religious norms that have long fueled the debate between individual fundamental rights and religious faith.
The formation of this bench serves as a direct response to a series of petitions triggered by the Supreme Court's September 2018 judgment, which allowed women of all ages to enter the Sabarimala temple, a site that had historically barred females of menstruating age. That 2018 ruling, which struck down the tradition based on the belief that the deity Ayyappa is a "naishtik brahmachari" or lifelong celibate, ignited a wave of legal challenges. These challenges expanded the scope beyond the Sabarimala temple to include pleas for similar rulings regarding women's entry into mosques and fire temples (Agiyaris), as well as petitions seeking the abolition of the practice of khatna, or female genital mutilation, within the Dawoodi Bohra community.
The current legal proceedings are not isolated to a single religious practice but represent a broad conflict regarding the application of fundamental rights. While the 2018 judgment specifically addressed the Sabarimala shrine, it activated cries for similar interventions in other religious domains. The Supreme Court is now tasked with evaluating whether women who have married non-Parsis should be granted entry into Agiyaris, and whether the practice of khatna among Dawoodi Bohra members can be constitutionally challenged. The Centre has lent its support to these review petitions, signaling a significant shift in the administrative stance on these issues.
The composition of the nine-judge bench is designed to reflect the diverse nature of these conflicts. The bench includes Justice M M Sundresh, Justice Ahsanuddin Amanullah, a Muslim, Justice Augustine G Masih, a Christian, and Justice Prasanna B Varala, a Dalit known as a ghazal enthusiast. Also included are Justice R Mahadevan, Justice Joymalya Bagchi, and Justice Aravind Kumar. Adding to the historical significance of this panel, Justice B V Nagarathna is scheduled to become the first woman Chief Justice of India next year. Notably, CJI Surya Kant is the sole judge remaining from the original nine-judge bench led by then-CJI S A Bobde that first heard the matter in 2020. That earlier bench, which included CJI Bobde, Justices R Banumathi, Ashok Bhushan, L Nageswara Rao, M M Shantanagoudar, S Abdul Nazeer, R Subhash Reddy, B R Gavai, and Kant, had previously grappled with the initial complexities of the case.
The judicial path to this current bench has been complex. On November 14, 2019, a five-judge bench led by then-CJI Ranjan Gogoi, by a three-to-two majority, declined to disturb the September 28 judgment but referred the matter to a seven-judge bench. The goal at that time was to evolve guidelines for cases involving clashes between fundamental rights and faith arising from women's entry to temples, mosques, and agiyaris. However, CJI Bobde eventually utilized his discretionary powers to escalate the matter to a nine-judge bench, recognizing the magnitude of the socio-religious norms at stake.
The Supreme Court has indicated that the nine-judge bench will lay down guidelines, after which individual issues-such as entry into Sabarimala, mosques, and agiyaris, as well as FGM-will be decided by smaller benches. This structure acknowledges that while the broad principles must be established by a larger, representative body, the specific application of these principles may vary depending on the unique socio-religious context of each case. The bench will specifically address the women's entry rights that have been at the center of these petitions, balancing them against the deeply entrenched socio-religious norms that define the practices of various communities across India.
The constitution of this nine-judge bench marks a definitive step in India's ongoing legal and social evolution regarding gender equality within religious institutions. By including judges from varied backgrounds, the Court aims to ensure that the final ruling on the validity of practices like barring menstruating women from the Sabarimala temple, the exclusion of women from Agiyaris, and the practice of female genital mutilation, is perceived as just and impartial. As the hearings commence, the focus remains on resolving the tension between the right to equality and the freedom of religious practice. The outcome of this bench's deliberations is expected to provide the necessary framework for smaller benches to handle specific religious disputes, potentially reshaping the landscape of religious freedom and gender rights in India for decades to come.
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