Death of Custom or Triumph of Equality? SC’s 9-Judge Bench to decide Fate of Religious Practices

In a move that could reshape the constitutional balance between faith and gender equality, the Supreme Court has constituted a nine-judge Bench led by Justice Surya Kant to examine disputes around women’s rights in religious practices. With representation cutting across faiths and inclusion of a woman judge, the Bench is set to hear the long-pending conflict from April 7, an exercise that may lay down guiding principles for similar controversies nationwide.

The reference traces back to the aftermath of the 2018 Sabarimala verdict, where the Apex Court had permitted entry of women of all age groups into the temple, challenging a long-standing restriction tied to religious belief. The fallout was immediate, triggering review petitions and widening the debate to other practices, entry of women into mosques, access rights of Parsi women married outside the faith, and the legality of practices like female genital mutilation within certain communities. Faced with overlapping claims of religious freedom and fundamental rights, earlier benches had referred the broader constitutional questions to a larger forum to evolve a consistent legal framework applicable across faith-based disputes.

By assembling a Bench that reflects religious diversity along with gender representation, including Justice B V Nagarathna, the Court has signalled an intent to address not just legality, but also institutional legitimacy in adjudicating such sensitive issues. Anchored in the principle that “justice must not only be done, but must also be seen to be done”, the Bench will now frame the contours for resolving clashes between faith and constitutional guarantees. The outcome of this exercise will guide smaller benches in deciding individual disputes concerning entry, access, and religious practices involving women.

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