Apex court throws open Sabarimala to all women

The repression of women under the garb of “physiological factors” cannot be legitimised and patriarchy cannot "trump over" devotion, the Supreme Court ruled on Friday, as it threw open the Sabarimala temple to women. Chief Justice Dipak Misra rejected the submissions of the Travancore Devaswom Board that runs the temple.

The Supreme Court on Friday lifted a ban that prevented women and girls between the age of 10 and 50 from entering the Sabarimala temple in Kerala, holding this centuriesold Hindu religious practice is illegal and unconstitutional.

Women activists hailed the judgement that paved the way for entry of female devotees of all ages as a victory for gender equality while Union Women and Child Development Minister Maneka Gandhi said it would make Hinduism even more inclusive. The temple barred women of a “menstruating age” from entering.

The Chief Justice Dipak Misra-headed Constitution bench in a 4-1 verdict held that the existing ban is gender discrimination and the practice violates rights of Hindu women. “Restrictions put by Sabarimala temple can’t be held as essential religious practice,” said Justice Misra, adding religion is a way of life basically to link life with divinity. While Justices-RF-Nariman and D Y Chandrachud concurred with the CJI, Justices A M Khanwilkar, Indu Malhotra gave a dissenting verdict.

Justice Malhotra was of the view that it is not for courts to determine which religious practices are to be struck down except in issues like ‘Sati’.