SC BENCH WILL DECIDE ON SABARIMALA WOMEN ENTRY
The Supreme Court on Friday referred to a Constitution Bench the petitions challenging the ban on entry of women in the age group of 10 to 50 in Sabarimala temple in Kerala as violative of right to equality, on the ground that important constitutional and legal principles are to be adjudicated in these petitions.
The Indian Young Lawyers Association and others filed the petition in 2006 opposing the ban on entry of women who are in the age group of 10 to 50 citing “menstruation” as the reason for such prohibition.
It was submitted by them that there is no religious custom or usage in the Hindu religion, especially in Pampa river region, to disallow women during menstrual period. According to them banning entry of women would be against the basic tenets of Hindu religion. Notifications which stipulate a ban of women from the age of 10 to 50 from entering the temple is contrary to the 1965 Kerala Temple Entry Act as well as the Constitution. It was argued that such restriction is contrary to the letter and spirit of the Constitution as enshrined under Articles 25 and 26. Further Sabarimala is not a denominational temple but a temple for all Hindus and, therefore, Article 26( b) is not attracted. The said temple permits all categories of Hindus to enter the temple regardless of the denomination.