Judge Slams Sabarimala “Ostracism”: Justice Nagarathna Flags Discrimination

In a sharp pushback during the first day of the Sabarimala review hearing on Tuesday, April 7, 2026, Justice B.V. Nagarathna questioned the constitutional validity of treating women as “untouchables” during their menstrual cycles. As the sole woman on the nine-judge bench, her observations highlighted a deep judicial skepticism regarding the “purity and pollution” narrative used to justify the temple ban.

The hearing, presided over by Chief Justice Surya Kant, marks the beginning of a three-week window (expected to conclude by April 22) that will reshape the boundary between religious freedom and individual dignity.

Also Read | Imran Khan and Bushra Bibi Sentenced to 17 Years in Jail

Key Arguments: Justice Nagarathna vs. Solicitor General

The courtroom saw a pointed exchange between the bench and Solicitor General Tushar Mehta, who is representing the Union Government’s stance to uphold the restriction.

• The “3-Day” Rule: Justice Nagarathna noted that the concept of “untouchability” cannot be applied selectively. “Speaking as a woman, there can’t be a three-day untouchability every month and on the fourth day, there is no untouchability,” she observed, flagging that such practices militate against Article 17 (Abolition of Untouchability).

• Article 26 & Denominational Rights: The Centre argued that the restriction is not about gender but about the “sui generis” (unique) nature of the Sabarimala deity, a Naishtika Brahmachari (eternal celibate). Mehta contended that religious denominations have the fundamental right to manage their internal affairs under Article 26.

• India vs. Western Patriarchy: The Solicitor General pushed back against “Western” concepts of patriarchy, claiming that Indian society has historically placed women on a “higher pedestal.” He referred to the “Founding Mothers” of the Constitution to argue that the framers intended for religious diversity to be preserved.

The Current 9-Judge Constitution Bench

Also Read | Imran Khan and Bushra Bibi Sentenced to 17 Years in Jail

Investigative Insight: A Strategic “Ideological” Shift

The 2026 hearing reveals a rare political alignment. The LDF government in Kerala, which originally supported the 2018 verdict, has now joined the review petitioners in “the same boat” as the Centre. With state polls on the horizon, the shift highlights how the Sabarimala issue continues to be a potent electoral variable.

Furthermore, the Centre’s attack on the Joseph Shine (Adultery) and Sabarimala judgments signals a broader legal strategy to dismantle the doctrine of “Constitutional Morality.” If the government succeeds, the judiciary may lose its power to “reform” religious practices based on modern social sensibilities. As the Artemis II mission films the Earth’s delicate balance from orbit, the Supreme Court is attempting to find a similar equilibrium between centuries-old tradition and 21st-century equality.

Privacy & Security Solutions for High-Profile Discourse

With sensitive legal and political discussions intensifying, ensuring your digital communications remain private is essential for legal professionals and activists alike.

Encrypted Communication Tools

For those handling sensitive data or participating in high-stakes legal research, the Google Pixel 10 Pro features an integrated Titan M2 security chip and end-to-end encryption for all cloud-synced data. It is currently rated as one of the most secure consumer smartphones for 2026.

Secure Data Storage

To protect physical documents and digital backups from unauthorized access, the SanDisk Extreme PRO Portable SSD provides AES 256-bit hardware encryption. Its rugged, water-resistant design makes it a reliable choice for field notes and case files.

Also Read | Imran Khan and Bushra Bibi Sentenced to 17 Years in Jail

End…