The Supreme Court in its Ayodhya ruling on Saturday said that courts cannot and should not question the faith of worshippers. The observation is likely to impact the Sabarimala review pending before the court.
NEW DELHI: The Supreme Court in its Ayodhya ruling on Saturday said that courts cannot and should not question the faith of worshippers. The observation is likely to impact the Sabarimala review pending before the court.
Nothing would be as destructive of the values underlying Article 25 of the Constitution,” the Supreme Court bench led by CJI Ranjan Gogoi said. The court was asked by the Hindu parties to examine the fact that the mosque at Ayodhya was not in keeping with Muslim tenets.
The Muslims had similarly questioned the Hindu belief that Lord Ram was born under the central dome of the mosque. The bench refused to examine both saying it was inappropriate for SC to enter an area of theology. “Matters of faith and belief lie in the personal realm of the believer. That which sustains solace to the soul is inscrutable. Whether a belief is justified lies beyond ken of judicial inquiry. This is not a case where the witness statements indicate that the belief or faith is a veneer or that it is being put forth merely as a strategy in a litigation,” SC said.
“Once the witnesses have deposed to the basis of the belief and there is nothing to doubt its genuineness, it is not open to the court to question the basis of the belief. Scriptural interpretations are susceptible to a multitude of inferences,” the bench said.
“The court would do well not to step into the pulpit by adjudging which, if any, of competing interpretations should be accepted. Faith is a matter for the individual believer. Once the court has intrinsic material to accept that the faith or the belief is genuine and not a pretence, it must defer to the belief of the worshipper.”
These observations may impact a review of its Sabarimala judgement. The SC had allowed women between 10 and 50 years to enter bachelor god Ayappa’s temple. This had not gone down well with the conservatives who sought a review on the lines of the dissent judgement of Justice Indu Malhotra, who insisted that courts must not go into the theological aspects.
Source : economictimes