Supreme Court Limits Sabarimala Review to Constitutional Questions; Justice Nagarathna Rejects Untouchability Argument

Day 2 Hearing of the Sabarimala Case – Key Takeaways Overview The Supreme Court heard further arguments on the constitutionality of the entry ban for women of menstruating age at the Sabarimala Temple . The bench emphasized that it will not re‑examine the 2018 judgment but will focus on specific constitutional provisions raised by the parties. Key Developments (Day 2) Scope of Review: The Court stated that the matter is limited to interpreting Article 14 , Article 25 and related provisions, and will not revisit the earlier verdict. Justice B. V. Nagarathna’s Observation: The judge remarked, “There can’t be untouchability for three days a month,” rejecting the petitioners’ attempt to invoke Article 17 to justify the monthly restriction. Government’s Stand: The Solicitor General contended that India is not “patriarchal or gender‑stereotyped” in the Western sense, urging the Court to respect indigenous cultural practices while upholding constitutional guarantees. Petitioners’ Argument: They maintained that the ban violates the right to equality and freedom of religion, seeking a fresh review of the 2018 decision. Important Facts The 2018 judgment, delivered by a five‑judge bench, held that the ban on women aged 10‑50 at Sabarimala violated fundamental rights. The present petition challenges the applicability of the ban in the context of untouchability and cultural autonomy. UPSC Relevance Understanding this case is crucial for GS 2 (Polity) as it illustrates: The balance between equality and religious freedom . The role of the Supreme Court in interpreting fundamental rights. How cultural practices are examined under constitutional scrutiny, a recurring theme in ethics and governance questions. Way Forward The bench is expected to deliver a judgment focusing on the interplay of Articles 14, 25 and 17. Aspirants should monitor the final order for its impact on: Future jurisprudence on gender equality and religious customs. Potential legislative responses by the Union or state governments. Broader debates on secularism, cultural autonomy and constitutional morality. For UPSC preparation, candidates should revise the relevant constitutional articles, landmark judgments on gender and religion, and the procedural aspects of Supreme Court reviews.