CJI Surya Kant Constitutes Historic Nine-Judge Bench to Adjudicate Women's Religious Rights
In a landmark move inspired by the principle that "justice must not only be done, but must also be seen to be done," Chief Justice of India Surya Kant has constituted a diverse nine-judge bench of the Supreme Court. This bench, which includes judges from all major faiths and features a woman judge, is tasked with deciding the validity of contentious socio-religious norms that have long pitted women's rights against religious faith.
Composition of the Diverse Bench
The bench is notable for its inclusive composition, reflecting India's pluralistic society. It includes Justice B V Nagarathna, the lone woman judge currently in the Supreme Court who is slated to become the first woman Chief Justice of India next year. Other members are Justice M M Sundresh, Justice Ahsanuddin Amanullah (a Muslim), Justice Augustine G Masih (a Christian), Justice Prasanna B Varala (a Dalit and ghazal enthusiast), Justice R Mahadevan, Justice Joymalya Bagchi, and Justice Aravind Kumar.
This diverse assembly underscores the court's commitment to ensuring that multiple perspectives are represented in this sensitive matter.
Scope of the Hearings and Historical Context
The nine-judge bench will commence hearings from April 7, 2024, addressing the deep-seated socio-legal-religious conflict between faith and fundamental rights. This conflict was initially triggered by the Supreme Court's September 2018 judgment, which allowed women of all ages to enter the Sabarimala temple in Kerala. Historically, the temple had customarily barred the entry of females of menstruating age, based on the belief that the presiding deity Ayyappa is a "naishtik brahmachari" (eternal celibate).
The 2018 judgment, which struck down this tradition, invited a series of review petitions and sparked demands for similar rulings on other public interest litigations (PILs). These include petitions seeking:
- Entry of women into mosques
- Abolition of the practice of khatna (female genital mutilation) among the Dawoodi Bohra community
- Entry of Parsi women who have married non-Parsis into Agiyari (fire temples)
The Centre has expressed support for these review petitions, adding political weight to the legal proceedings.
Evolution of the Case Through Previous Benches
This is not the first time a large bench has been convened to address these issues. Chief Justice Surya Kant is the only judge still in service from a previous nine-judge bench led by then-CJI S A Bobde, which first heard the matter in 2020. That bench comprised CJI Bobde and Justices R Banumathi, Ashok Bhushan, L Nageswara Rao, M M Shantanagoudar, S Abdul Nazeer, R Subhash Reddy, B R Gavai, and Kant.
Earlier, on November 14, 2019, a five-judge bench led by then-CJI Ranjan Gogoi, by a 3-2 majority, did not overturn the September 2018 Sabarimala judgment. However, it referred the task of evolving guidelines for deciding cases involving clashes between fundamental rights and faith to a seven-judge bench. Subsequently, CJI Bobde used his discretionary powers to expand this to a nine-judge bench, recognizing the complexity and national significance of the issues.
Future Implications and Procedural Framework
The Supreme Court has clarified that while the nine-judge bench will establish overarching guidelines, individual issues—such as women's entry into Sabarimala, mosques, and agiyaris, as well as the practice of female genital mutilation—will be decided by smaller benches based on these guidelines. This structured approach aims to provide a consistent legal framework for resolving similar conflicts across different religious contexts.
The upcoming hearings are poised to shape the future of gender equality and religious freedom in India, balancing centuries-old traditions with contemporary constitutional values. The bench's diverse composition is expected to foster a comprehensive deliberation, ensuring that all voices are heard in this critical judicial process.
