Temple not private property, says SC

Women have constitutional right to enter Sabarimala temple

The Supreme Court on Wednesday said women have the constitutional right to enter Sabarimala temple in Kerala and pray like men without being discriminated against.

Chief Justice Dipak Misra, who was heading the fivejudge Constitution bench, said that there is no principle of private temple in the country. "Temple is not a private property, it is a public property," he said.

‘‘When a man can enter, a woman can also go. What applies to a man, applies to a woman also," the bench, also comprising R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, observed.

Justice DY Chandrachud said that under Article 25 of the Constitution, all citizens are free to practice or spread any religion. He said that the right to pray as a woman is not under any law, it is a constitutional right.

He said that a woman is also a creation of God then "why discriminate in employment and worship? Can we stop 70-year-old women from worshipping?"

The court, while hearing the contentious issue relating to the ban on entry of women between 10 and 50 years of age in Kerala's historic Sabarimala temple, also frowned at the Kerala government for changing its stance frequently on the issue.

The apex court had on October 13 last year referred the issue to a Constitution bench after framing five "significant" questions, including whether the practice of banning entry of women into the temple amounted to discrimination and violated their fundamental rights under the Constitution

The top court was informed by the Kerala government that it also supported the entry of women of all age groups in the temple. But Kerala has not been consistent in its stand: While in 2015 the state government supported the entry of women in the temple, in 2017 it reversed its stance.