SC to pronounce order on ban on women's entry in Sabarimala temple

SC to pronounce order on ban on women's entry in Sabarimala temple

Should women in the menstruating age be allowed to visit Sabarimala?

In the dispute over the ban on women entering the famous Sabarimala shrine in Kerala, the country's most senior judges will examine whether "a biological factor like menstruation" can be grounds for discriminating against women. This customary ban had been codified in Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965. But now both men and women are equal. So Women should be permitted inside the Sabarimala temple.

Bengaluru/Kolkata [India]: As the Supreme Court is set to pronounce its verdict on ban on women's entry into Kerala's Sabarimala Temple, women right activist on Friday expressed hope for a positive and landmark judgment in the matter.Talking to ANI, women activist Brinda Adige said, "Since last couple of months, we have been seeing that the Supreme Court is bringing out several progressive and landmark judgments".

The case was filed by Indian Young Lawyers Association in 2006.

A bench of Chief Justice Dipak Misra, Justice R. Banumathi and Justice Ashok Bhushan also framed six questions to be addressed by the Constitution Bench. If so, should their privilege to manage their religious affairs yield to the fundamental right of women to practice religion freely. You can not refuse entry to a woman who comes there ...

Earlier this year in February, the apex court reserved an order while referring the case to a Constitution bench. Meanwhile, the apex court had asked all the parties to submit their submissions.

Venugopal cited Article 25 and 26 and stated that in this case, Article 26 of the Constitution would prevail over Article 25. These included whether the restriction is a "permissible practice"; whether the Ayyappa devotees visiting Sabarimala form a religious denomination; who is the competent authority to decide on whether the restriction comes within the ambit of "custom"; and, finally, whether such a "custom" comes under the constitutional principles. He argued that the matter had already been settled by the HC and so the principle of res judicata would apply.

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