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Over 50 review petitions are filed against the earlier decision of the SC given on September 28 last year, which lifted the ban on the entry of women aged between 10 and 50 years into Sabarimala.
It would be an invitation to constitutional complications if the judiciary were to dismiss matters of faith in response to the sentiments of rights activists.
Justice Malhotra, who was the lone dissenter, said it is not for the judiciary to decide which faith-related practices are to be struck down except in issues of social evils like 'Sati'.
The Supreme Court will consider whether the exclusion of women (between the 10-50 age group) amounts to 'discrimination' and is therefore against the Constitution.
Right to health at stake in struggle for equality amongst gender and sexual minorities: Supreme Court
Justice Nariman said the present definition of mental illness in parliamentary statute makes it clear that homosexuality is not considered a mental illness.
Section 377 of the Indian Penal Code - which criminalised consensual sexual acts of same-gender adults in private -- is violative of Articles 14, 15, 19, and 21 of the Constitution, the Judge ruled.
A bench headed by Chief Justice of India Dipak Misra and comprising Rohinton Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra pronounced the verdict.
Justice Indira Banerjee, who was elevated to the apex court along with Justices Saran and Joseph, said she would try her level best to live up to the oath of office which she has taken.
The SC on Friday announced the setting up of a new Constitution Bench with Chief Justice Dipak Misra, Justice A M Khanwilkar, Justice D Y Chandrachud, Justice R F Nariman and Justice Indu Malhotra.
Malhotra would be the seventh woman judge in the top court since Independence.
Senior Advocate Indu Malhotra is slated to be sworn in as a Supreme Court judge on Friday morning.
Elevation of Justice KM Joseph: Government’s reasoning for rejecting Supreme Court collegium’s recommendation doesn’t hold water
The three reasons - regional representation, seniority and absence of SC/ST judges - cited by Centre for withholding the SC collegium’s recommendation to elevate Justice K M Joseph do not hold water.
Centre chose to accept the docket on senior advocate Indu Malhotra for elevation as a Supreme Court judge but spiked that on Uttarakhand High Court Chief Justice K M Joseph.
She was designated senior advocate by the top court in 2007 and became the second woman to be designated as such by the apex court after a gap of over 30 years.
CJI says Centre within its right to send back recommendation for reconsideration; refuses to stay appointment of Indu Malhotra as SC judge
Supreme Court refused to stay Presidential warrant appointing senior woman lawyer Indu Malhotra as an apex court judge and termed the plea of advocates on it as "unimaginable."