Sabarimala reference: Cannot annihilate religion in name of reform, says SC

The Bench headed by Chief Justice Surya Kant, during its hearing on the tenth day, asked whether it can apply the test of equality in cases of religious freedom in complete negation of an "integral practice" of a religion.

The top court referred to constitutional aspiration on bringing about the Uniform Civil Code in the country keeping it in tune with the social reform and asked if the state fails to legislate, then can the judiciary do it.

Justice BV Nagarathna, also part of the Bench, observed that different states had enacted Uniform Civil Code to regulate marriage and succession rights of citizens and when the society is ready for it, Parliament will enact it.

The Bench also comprising Justices MM Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan and Joymalya Bagchi was told by senior advocate Indira Jaising, appearing for two women claiming right to enter Sabarimala temple in Kerala, that every state had made temple entry laws and if one wanted to claim his right, he had to go by the statute.

Justice Bagchi told Jaising that there was no such law in respect of non-Hindu religious institutions and can the court in its zeal for maintaining equality among citizens enforce similar directions for non-Hindu institutions, or should it defer to legislative decision. He told the senior lawyer that the court would have consistently directed for a Uniform Civil Code.

Jaising, who argued for the whole day, submitted that the question of a UCC has been placed in the Directive Principles of State Policy (DPSP) and it is a matter of policy.