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Dawoodi Bohra Excommunication: SC Refers Case To 9-Judge Sabarimala Bench

The top court is deciding on the rights of the Bohra community to excommunicate dissidents from its community.

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A Supreme Court Constitution Bench, on Friday, 10 February, referred the question regarding the rights of the Dawoodi Bohra community to excommunicate its members to a nine-Judge Bench which is set to decide the correctness of the ‘first Sabarimala judgement.'

The bench hearing the case had reserved its judgment in October last year.

The top court is deciding on the rights of the Bohra community to excommunicate dissidents from its community with respect to its fundamental rights under Article 25 and 26 of the Constitution of India.

A 1962 judgment in which the apex court had protected the community's rights to excommunicate members, was being examined by the Constitution Bench because the Maharashtra Protection of People from Social Boycott (Prevention, Prohibition and Redressal) Act in 2016 had outlawed excommunication.

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