Chennai: Only community can decide the custom, not court, the Supreme Court was told today by the counsel in favour of customs being followed at Lord Ayyappa temple in Sabarimala as the apex court began hearing review petitions challenging its controversial September 2018 verdict.
A batch of over 60 petitions is being heard by a five-judge constitution bench led by Chief Justice Ranjan Gogoi.
“Religion is a matter of faith. Particular segment of Hindu community believed it. Only community can decide the custom and not the court. We all saw how social peace in Kerala was disturbed due to the judgment. As long as the community decides not to change the practice SC can’t intervene,” said senior advocate Nafade on behalf of one of the petitioners.
Abishek Manu Singhvi who represented the former chairman of the Devaswom Board, said, “Untouchability will not be applicable here because it is not a caste or religion based exclusion. There is no exclusion of men and women, only exclusion for a class of women.”
His reply came as the Supreme Court, in its September judgement, had said the practice is akin to untouchability.
The Sabarimala case was earlier scheduled for 22 January, but had to be postponed as Justice Indu Malhotra, one of the judges on the panel, was on medical leave.
It must be noted that Justice Indu Malhotra had dissented with the verdict, saying courts must not interfere with issues concerning ‘deep religious sentiments’.