New Delhi

The Supreme Court of India on Tuesday observed that every religious institution must have norms for its functioning and that the right to manage such places cannot mean absence of structure or anarchy.

A nine-judge Constitution bench made the remarks while hearing petitions concerning discrimination against women at religious places, including Sabarimala Temple, and the broader scope of religious freedom across faiths.

The bench was headed by Chief Justice Surya Kant and included Justices B V Nagarathna, M M Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan and Joymalya Bagchi.

During the hearing, advocate Nizam Pasha, appearing for Peerzada Syed Altamash Nizami, argued that the right to regulate entry into a religious institution forms part of its management. He referred to the dargah of Hazrat Khwaja Nizamuddin Aulia and said Sufi orders in India constitute a religious denomination.

Justice Amanullah observed that management of a temple or dargah requires regulation over worship practices, access and functioning. He said it cannot be left to every individual to act as they wish or keep gates open without control.

“There has to be a modality. Somebody has to regulate that,” the judge said, adding that while regulation is necessary, it cannot violate constitutional principles or permit discrimination.

The court also noted earlier that it is extremely difficult, if not impossible, for a judicial forum to define what constitutes an essential or non-essential religious practice.

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In September 2018, a five-judge Constitution bench of the Supreme Court had, by a 4:1 majority, struck down the ban on entry of women aged 10 to 50 years into the Sabarimala temple, holding the centuries-old practice unconstitutional.