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Sabarimala review petition – Supreme Court reserves judgment

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Sabarimala review petition

[vc_row][vc_column][vc_column_text]The Supreme Court today (Wednesday, Feb 6) reserved its order on petitions seeking review of its judgment allowing women of all ages to enter Sabarimala Ayyappa temple.

A five-judge Constitution Bench, headed by Chief Justice of India Ranjan Gogoi and also comprising also comprising Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra, heard the matter for over four hours.

Interestingly, the Travancore Devaswom Board (TDB) that manages the Ayyappa temple did a U-turn today to say that women of all age groups should be allowed to pray there.

The Devaswom Board told the apex court that it has no objection to the entry of women inside the temple and urged the people to “gracefully” abide by the apex court’s verdict.

“People who are opposing entry of women in 10-50 age group in Sabarimala temple should accept the SC verdict gracefully and allowing entry of all women inside temple,” Devaswom Board told SC.

The board, which also comprise state government nominees, told the Constitution Bench that it is high time that a particular class not be discriminated on the ground of “biological attributes”.

“Article 25 (1) equally entitles all persons to practice religion,” senior advocate Rakesh Dwivedi, appearing for TDB, told the Bench.

“Women cannot be excluded from any walk of life on biological attributes … equality is the dominant theme of the Constitution,” said Dwivedi adding that people should gracefully accept the apex court verdict.

The board had earlier vehemently opposed the PIL by Indian Young Lawyers Association saying that the celibate character of Lord Ayyappa at Sabarimala temple was a unique religious feature which was protected under the Constitution.

Speaking to reporters later, the TDB chief said that the board accepts the top court’s September 28 verdict and believes that there should not be any discrimination.

“Based on the verdict (September 28) we have decided not to file a review petition. The board accepts the SC verdict and if of the opinion that there shouldn’t be any discrimination,” TDB president A Padmakumar was quoted as saying by news agency ANI.

Several organisations including the Nair Service Society (NSS) and the Thantri of the shrine, have sought reconsideration of the verdict.

During the hearing, the petitioners argued that the court cannot force its views upon the people of Kerala who, it said, have not accepted the verdict. The petitioner also claimed that the apex court’s verdict has resulted in disturbing the social peace in the state.

The first to present the case was senior advocate K Parasaran, who was appearing for the Nair Service Society. Speaking for more than 20 minutes, he submitted that the Constitution bench had failed to deal with the interplay of the Constitution’s Preamble and Articles 15, 17 and 25 of Constitution. Parasaran highlighted that Article 15 (prohibition of discrimination), which threw open all public institutions of secular character to all classes of person, conspicuously omitted religious institutions and therefore it was an error to strike down a temple custom under Article 15.

He also asserted that the Supreme Court’s September judgment did not consider the crucial aspect that Article 15 (2) does not cover religious places. The omission to consider this aspect constitutes an error apparent on record, the counsel submitted.

He argued that the practice was limited to a particular age group, and therefore cannot be equated with untouchability — which excluded an entire class of people. Parasaran concluded saying that the exclusionary practise in Sabarimala is based on the character of the deity, which is that of Naishtika Brahmachari or permanent celibate.

Appearing for the chief priest or Thantri of the Sabarimala temple, senior advocate V Giri reiterated that right to pray has been in consonance with the nature and form of the deity. He argued that the restriction in Sabarimala had been based on the character of the deity. Advocate VV Giri argued that any person who asserts right under article 25(2)(b) to worship has to do it in consonance with the nature of deity.

The Kerala government, however, opposed the review petition, saying that it was in agreement with last year’s verdict and urged dismissal of petitions seeking review of the verdict.

Advocate Jaideep Gupta, appearing for the Kerala government, made it clear that the government was opposing the review petitions as no grounds had been made out for review.  The state government said that the ban on women entry is not part of “essential practice of Hinduism” which have the protection of the Constitution of India.

Gupta asserted that essential practice of religion and essential practice of a temple cannot be confused and that exclusion of women from a temple was not essential to Hindu religion. “Every temple may be having its own practice. Court cannot go into the essential practices of every temple. That would mean each temple is a denominational temple. That will lead to the destruction of essential religious practise test,” he argued.

The Kerala government’s counsel also opposed arguments put forward by various petitioners that it was a private issue. “It is about public law issue unless they argue that women between age 10 to 50 are not a class of Hindus,” Jaideep Gupta said.

He also told the bench that it should not consider the tension and violence that followed the judgment. “That social peace has been destroyed is not a ground for reviewing the judgment. Constitutional invalidity cannot be permitted to go on,” he argued.

“Social harmony will ultimately prevail in the state,” the state government told SC.

On September 28, a five-judge constitution bench, headed by the then CJI Dipak Misra, in a 4:1 verdict had paved the way for entry of women of all ages into the shrine, saying the ban amounted to gender discrimination.[/vc_column_text][/vc_column][/vc_row]

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Congress protests against Gyanesh Kumar, demands Election chief’s resignation

Congress workers took to the streets against Chief Election Commissioner Gyanesh Kumar, with protests and demonstrations held over the party’s allegations concerning the Election Commission.

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Congress stepped up its campaign against Chief Election Commissioner Gyanesh Kumar, with party workers taking to the streets and demanding his resignation amid the ongoing row over the Election Commission.

The protests followed repeated criticism by Congress leaders of the poll panel and its functioning. The party has alleged irregularities in the electoral process and has sought accountability from the Election Commission.

Congress leaders have also targeted Gyanesh Kumar personally, with Rahul Gandhi among those calling for the Chief Election Commissioner to step down.

Congress takes protest to streets

Congress workers staged demonstrations in different places as part of the party’s campaign against the Election Commission.

The protests featured sharp symbolism, including masks and handcuffs, as Congress sought to highlight its allegations against the poll panel and demand action against Gyanesh Kumar.

The demonstrations are part of a wider confrontation between the Congress and the Election Commission over issues related to electoral rolls and the conduct of elections.

Congress demands Gyanesh Kumar’s resignation

The Congress has repeatedly demanded the resignation of Gyanesh Kumar, accusing the Election Commission of failing to adequately address the concerns raised by the opposition party.

Rahul Gandhi has also stepped up his criticism of the poll panel. In a statement on Thursday, he demanded that Gyanesh Kumar resign and alleged that the Election Commission had acknowledged the issue of “vote theft”. These are allegations made by the Congress and should not be treated as an established finding unless confirmed by the relevant authority.

The dispute comes amid a broader political debate over electoral rolls, voter verification and the functioning of the Election Commission.

Election Commission under opposition scrutiny

The Congress has intensified its campaign against the poll body in recent weeks, with party leaders repeatedly questioning its decisions and procedures.

The Election Commission, meanwhile, has maintained that India’s electoral process is conducted according to the Constitution, electoral laws and prescribed procedures. Chief Election Commissioner Gyanesh Kumar has previously defended the integrity of the electoral system and rejected claims that electronic voting machines can be remotely hacked.

The latest protests add to the continuing political confrontation over the Election Commission and the opposition’s demands concerning the poll panel’s functioning.

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Assam makes Muslim marriage registration compulsory under new rules

Assam has approved rules for compulsory registration of Muslim marriages, with couples able to register through government marriage registrars.

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The Assam Cabinet has approved the Assam Muslim Marriage Registration (Compulsory) Rules, 2026, establishing the procedure for mandatory registration of Muslim marriages in the state.

The rules operationalise the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024, which replaced the earlier Assam Muslim Marriages and Divorces Registration Act, 1935.

Who will register Muslim marriages in Assam?

Chief Minister Himanta Biswa Sarma said Muslim couples will now be able to register their marriages with government marriage registrars.

The government had earlier decided that kazis would not register Muslim marriages under the new system, but there was uncertainty over who would carry out the registration. The newly approved rules establish the registration mechanism through marriage registrars.

Sarma said that if the number of applications becomes large, the government could give marriage-registration powers to officers at the panchayat level so that applicants do not face difficulties.

What does the 2024 law say?

The 2024 Act made the registration of Muslim marriages and divorces with the government mandatory. It also prohibits registration of marriages that do not meet the legally prescribed minimum age requirements.

The law specifies the minimum marriage age as 18 years for females and 21 years for males.

The legislation was introduced by the Assam government with the stated objective of curbing child marriage and ending the earlier kazi-based registration system.

Under the previous 1935 law, marriage registration was conducted through kazis and was not compulsory. The earlier system also allowed registration involving minors in certain circumstances, while the new law does not permit such registration.

Registration timeline and penalties

The 2024 legislation provides that Muslim marriages should be registered within 30 days of the marriage. It also provides for registration of divorces within one month of their occurrence.

The law also contains penalties for violations. Producing fake or forged certificates can attract imprisonment of up to two years, a fine of up to Rs. 10,000, or both, along with action under relevant provisions of the Bharatiya Nyaya Sanhita, 2023.

Registering a marriage in violation of the law can attract imprisonment of up to one year and a fine of up to Rs. 50,000.

The Assam Cabinet’s approval of the 2026 rules provides the administrative framework for implementing the compulsory registration system.

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Trump-Xi Summit: Trade, Taiwan and AI among key takeaways

Trade, Taiwan, artificial intelligence and strategic rivalry were among the key issues highlighted during Donald Trump’s summit with Xi Jinping in Washington.

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Trump-Xi Summit

US President Donald Trump and Chinese President Xi Jinping met at the White House amid discussions on trade, artificial intelligence and the broader strategic relationship between the United States and China.

The summit came as Washington and Beijing continued to navigate disagreements over tariffs, Chinese purchases, rare-earth supplies, technology restrictions and Taiwan.

Here are five key takeaways from the Trump-Xi summit.

Trade truce gets an extension

The United States and China agreed to extend their trade truce by two months, giving both sides additional time for negotiations.

US Treasury Secretary Scott Bessent said the extension would provide Washington and Beijing more time to work on economic issues. However, several major questions remain part of the negotiations, including tariffs, Chinese purchases, rare-earth supplies and technology restrictions.

Bessent said China was meeting its earlier commitment to buy 25 million tonnes of US soybeans but was behind its pledge to purchase $17 billion worth of other agricultural goods.

US officials have also said that Chinese rare-earth deliveries were falling short.

Taiwan remains a major point of tension

Taiwan was another important issue during the discussions.

Xi Jinping pressed Trump on Taiwan and urged the United States to handle the issue with “prudence”, according to China’s official news agency. Its English-language service also said Xi hoped Washington would oppose Taiwanese independence.

The report noted that the US has traditionally said it does not support Taiwanese independence, while avoiding an explicit statement that it opposes it.

There was no immediate White House readout of the exchange on Taiwan.

Trump and Xi differ on AI

Artificial intelligence was another area where the two leaders expressed different positions.

Trump has said he wants to avoid new AI guardrails and instead rely on the US Department of Justice. He has also maintained that China shares this approach.

Xi, however, said the United States and China have both the capability and responsibility to develop and manage AI for good.

He said AI development should remain under human control and serve people’s well-being.

The contrasting positions underline the importance of AI and technology in the broader US-China relationship.

Strategic rivalry remains a concern

Xi also referred to the “Thucydides Trap”, a theory associated with the risk of conflict between a rising power and an established one.

He argued that competition between the United States and China should be about catching up rather than a contest in which one side must defeat the other.

Xi said the risks could be overcome and called for regular military dialogue and stronger mechanisms to prevent crises.

Trump, meanwhile, highlighted areas where the two countries could cooperate, referring to their shared wartime history and common interests.

Summit also featured elaborate ceremony

The White House visit was accompanied by an elaborate display of ceremony.

The programme included military performances, fighter jets and bombers flying overhead, as well as the recently redesigned South Lawn and a large helipad bearing the presidential seal.

The highly publicised setting contrasted with the unresolved differences between Washington and Beijing on trade, Taiwan, technology and strategic issues.

The summit therefore highlighted both the effort to maintain dialogue between the two powers and the significant issues that remain unresolved.

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