Sabarimala ban: Supreme Court reserves order on referring case to Constitution bench
If the restrictions imposed by the temple were in line with the Constitution, then it will be allowed, said the bench.
The Supreme Court on Monday reserved its verdict on a batch of pleas challenging the ban on the entry of women between the age of 10 and 50 into the sanctum sanctorum of the Sabarimala temple in Kerala, reported PTI. The court asked all parties in the case to submit legal questions, which the three-judge bench would refer to a larger Constitution bench. The petitioners in the case include women’s organisations, Ayyappa groups, State of Kerala and the Travancore Devaswom Board that manages the temple.
“Counsel for the parties shall file written submissions/ questions which should fall under the constitutional framework,” said the bench. Justice Dipak Misra said that if the ban was in line with the Constitution, it will be allowed, Mint reported. “Let us understand the Constitution and not try to understand the ways of God, we are too small for that,” he added.
The Kerala temple rule is aimed at keeping menstruating women away from its inner sanctum, citing that the deity, Lord Ayyappa, is celibate.
In November last year, the Kerala government had said that it was ready to allow women of all ages into the sanctum sanctorum of the temple. In April 2016, the apex court had pulled up the temple authorities about the rampant gender discrimination. The court had noted that such restrictions infringed on one’s constitutional rights.
The court had also questioned the legality of placing restrictions based on gender, age and caste in a temple for the public. “Is there any proof that women did not enter the Sabarimala temple 1,500 years ago?” the court had asked in January 2016. In July 2016, the Supreme Court had indicated that it may refer the case to a five-judge constitution bench.