Citing it as “Fundamental Right”, SC opens Sabarimala Temple doors for women

New Delhi, July 19: Everyone is equal before God. Perceiving that the right of a woman to pray was equal to that of a man, the Supreme Court on Wednesday heard the controversial ban of entry to a woman aged between 10 years and 50 years at the Sabarimala temple in Kerala. The Supreme Court said that women entry in Sabarimala temple in Kerala is the fundamental right of freedom to practice religion and is provided to all by the Constitution.

Observing the ongoing debate over the entry of women, Justice D.Y. Chandrachud said, “Your (intervener) right to pray to be a woman, is equal to that of a man and it is not dependent on a law to enable you to do that.”

Chief Justice Dipak Misra, while hearing the matter observed, “On what basis you (temple authorities) deny the entry. It is against the Constitutional mandate. Once you open it to the public, anybody can go.” The temple has refused to allow women of menstruating age to enter the temple.

The hearing began on Tuesday and the apex court asked the counsel for petitioners and others to limit their arguments on the questions of reference made by a three-judge bench of apex court last year. The top court had last year asked a constitutional bench to examine the legality of the ban on entry of women in the age group of 10-50 at the temple.

The court was informed by the Kerala government that it also supported the entry of women of all age groups in the temple. The hearing on the plea filed by petitioners Indian Young Lawyers Association and others remained inconclusive and would continue today.

Justice Nariman said the age notifications was “arbitrary” as it “leaves out the 9-year-old girl and 53-year-old woman who are menstruating.” The Travancore Devaswom Board, which manages the historic temple, had earlier in January made it mandatory for women to carry documents to verify their age in a bid to restrict entry of women aged between 10 years and 50 years.