Menaka Guruswamy repeatedly referred to the framers’ understanding that constitutional morality and social reform were inseparable from religious freedom in India. Screengrab: Sansad TV via ANI
Senior Advocate Menaka Guruswamy told the Supreme Court on Tuesday (May 12, 2026) that religions must reform or the civilizations in which they exist risk stagnation.
In oral submissions made before a nine-judge bench headed by Chief Justice of India Surya Kant at the hearing of the Sabarimala case, the senior advocate opined that the reform must not “empty” religion, especially in a civilization like India.
The senior advocate said that the framers of the constitution were sure that launching the reform would not destabilize religion. Freedom of religion was enshrined in the Constitution to protect the individual’s ability to follow his conscience. “Sometimes civilization is strengthened when there is social reform,” Ms Guruswamy said.
Senior Advocate Shadan Farasat said courts should not rule on the basis of public morality, which is nothing more than prevailing societal prejudices.
“The Constitution was created to ensure that transient social prejudices do not become the measure of rights,” Mr Farasat said.
Throughout her contributions, Ms. Guruswamy repeatedly referred to the framers’ understanding that constitutional morality and social reform were inseparable from religious freedom in India.
Senior Advocate Sanjay Hegde while presenting his submissions referred to Article 13 which held that any laws, including customs, which existed earlier in the Constitution and which were found to be inconsistent with or inconsistent with the fundamental rights, would be void.
Mr. Hegde said the Constitution protects individual belief and freedom of conscience. However, religious practices cannot violate fundamental rights. “Article 13 provides a bridge between religion and constitutional discipline. A custom that fails the filter is not protected by being old,” he added.
Published – 12 May 2026 23:47 IST
