"The right to enter a temple is not dependent on a legislation. It is the constitutional right," the bench said
The Supreme Court (SC) on Wednesday said that women have a constitutional right to enter the Sabarimala temple in Kerala and pray like men without being discriminated against. A five-judge Constitution bench headed by Chief Justice Dipak Misra, which is hearing a petition challenging the decision of the Devaswom Board banning entry of women between 10 and 50 years of age, said that even if there was no law, the women cannot be discriminated with regard to offering prayer in a temple.
"When a man can enter, a woman can also go. What applies to a man, applies to a woman also," observed the bench, comprising Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra. "The right to enter a temple is not dependent on a legislation. It is the constitutional right," the bench said, adding that the right is enshrined under Article 25 and 26 of the Constitution.
The Kerala government informed the SC that it supported the entry of women of all age groups in the temple. The bench then referred to the contrary affidavits of the Kerala government, which in 2015 had supported the entry of women, but made a U-turn in 2017. The counsel for the Kerala government said that it would go by its first affidavit and support the cause of women. Taking a dig at the government, the bench said, "You are changing with the changing times."
Advocate Indira Jaising, appearing for one of the intervenors said that the ban on the entry of women of certain age groups was violation of various fundamental rights including Article 17 which deals with untouchability.
She also referred to the definition of the term Hindu under various statutes and said, "The women were discriminated against not on the ground of sex but because of menstruation."
Senior advocate Raju Ramchandran, who is assisting the court as amicus curiae, too supported the entry of women into the temple. Elated after the SC ruling, Pune-based activist Trupti Desai said that people should accept and welcome the SC decision. "This is just the beginning of the victory of our protests. There should be no discrimination between the devotees. Everybody should be allowed to enter the temple," Desai said.
The hearing on the plea filed by petitioners Indian Young Lawyers Association and others, remained inconclusive and would continue tomorrow. The apex court had on October 13, 2017 had 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.
(With Agency Inputs)
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