In what can be termed as a big boost for women democracy the Supreme Court today observed that everyone should be allowed inside the Sabarimala temple in Kerala. The top court also said that there is no concept of a private temple, and that the Supreme Court will not allow third-party control over the entry of women inside the temple’s inner sanctum.
These observations were made by the CJI a day after the Supreme Court began to hear pleas on the contentious subject of the ban on the entry of women between the age of 10 and 50 years inside the Sabarimala temple.
On Wednesday, a five-judge Constitution bench headed by Chief Justice Dipak Misra, which is hearing a petition challenging the decision of the Devaswom board banning entry of women of age group 10-50 years, said that even if there was no law, the women cannot be discriminated against with regard to offering prayer in a temple. The bench also comprising justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra observed “When a man can enter, a woman can also go. What applies to a man, applies to a woman also.”
“The right to enter a temple is not dependent on a legislation. It is the constitutional right,” the bench said, adding that this right is enshrined under Article 25 and 26 of the Constitution. Justice DY Chandrachud said, “Your (intervener) right to pray being a woman is equal to that of a man, and it is not dependent on a law to enable you to do that.”
The hearing on the plea filed by petitioners Indian Young Lawyers Association and others remained inconclusive and would continue on Thursday.
On Tuesday, the five-judge bench had asked the counsel for petitioners Indian Young Lawyers Association and others to limit their arguments to the questions of reference framed by a three-judge bench of the top court last year. This was after Advocate RP Gupta, who represents the petitioners, referred to the history of the temple. “You should not go into unnecessary things, and the counsels should limit their arguments to the issues referred to the constitution bench,” the court said.
Meanwhile, Kerala minister K Surendran said: “The state government’s stand is that women should be allowed to offer prayers in the Sabarimala temple. We’ve filed an affidavit in the Supreme Court explaining our stand. Now, it has to make a decision. We’re bound to obey its verdict. The Devaswom board now has same opinion as the government.”