Govt Seeks Scrapping of PIL as SC Hears Sabarimala Case Day 3

A nine-judge Constitution bench continues hearing on women’s entry into religious places; Centre argues PIL concept has outlived its utility.

Nine-Judge Bench Resumes Hearing  

The Supreme Court’s nine-judge Constitution bench convened for the third consecutive day on Thursday to hear cases relating to discrimination against women at religious places. The lead matter remains the ban on women’s entry into Kerala’s Sabarimala temple, alongside four other sensitive religious practices. The bench, led by Chief Justice Surya Kant, is examining petitions that have remained pending for over 26 years.

Centre Calls PIL Outdated  

In a sharp submission before the court, the central government questioned the very utility of public interest litigation. Written arguments filed by the government stated that “the time has come to not only define PILs, but to eliminate them altogether.” The government argued that PIL was conceived when poverty and illiteracy prevented large sections from accessing courts. With e-filing and technological advancements, the Centre claimed, such constraints no longer exist, making PIL redundant.

SG Mehta Challenges Previous Verdicts  

Solicitor General Tushar Mehta, appearing for the government, went a step further. He told the bench that the Supreme Court’s decisions decriminalising adultery and consensual homosexual acts were “not sound law.” According to Mehta, those rulings were based on personal interpretations of “constitutional morality” and should not be treated as binding precedents for 1.4 billion Indians. He cited a Harvard Law Review article to argue that democratic majority viewpoint must prevail.

Court Questions Devotee Status  

As the hearing progressed, Justice B.V. Nagarathna raised a critical question. She asked Mehta who the original petitioners in the Sabarimala case were. The solicitor general replied that the petition was filed by the Indian Young Lawyers Association. Justice Nagarathna then observed, “They are not devotees. If someone who is not a devotee and has nothing to do with the temple challenges it, can the court hear such a writ petition?” The query pointed to a fundamental debate on locus standi in religious matters.

Five Cases Under Scrutiny  

The nine-judge bench is not limiting itself to Sabarimala. The hearings cover five specific issues: entry of women into Sabarimala temple, female circumcision in the Dawoodi Bohra community, women’s entry into mosques, Parsi women’s entry into the Agiyari (fire temple), and questions of gender discrimination in Muslim personal law. Each matter involves competing claims of religious freedom and constitutional rights to equality.

26-Year Legal Battle  

The legal fight over Sabarimala dates back nearly three decades. In 2018, a five-judge bench by a 4:1 majority lifted the ban on women of menstruating age entering the temple. More than 50 review petitions followed, leading the court to refer the matter to a larger nine-judge bench. Hearings are scheduled from April 7 to April 22. Supporters of the review petitions are presenting arguments from April 7 to 9, while opposing parties will get their turn from April 14 to 16.

Next Phase of Arguments  

Chief Justice Surya Kant made it clear that courts remain cautious while entertaining PILs. “The situation has changed over two decades from 2006 to 2026. Notices are issued only when there is a solid basis,” he observed. The bench is expected to continue hearing detailed submissions on whether secular courts can decide what constitutes superstition within a religion. A final verdict from the nine-judge bench could reshape the law on religious practices and public interest litigation in India for decades to come.