Sabarimala issue: Why does temple discriminate against women when Vedas, Upanishads don't? asks Supreme Court

The Sabarimala temple's ban on entry of women has been questioned by the Supreme Court on Friday. "In the Vedas, Upanishads or scriptures there is no discrimination between and men and women. This has cropped up historically," the court said, reports NDTV.

Justice Deepak Mishra while referring to Lord Krishna observed that he is a superior philosophical entity and is present in every men and  women , and thus, there should be no discrimination. "He is everywhere in everyone,  men  and women. So, why there should be gender discrimination in the premises of the temple?" he said. 

The apex court was hearing a petition which challenged the temple's thousand-year-old ban on the entry of women. It appointed senior advocate Raju Ramachandran as amicus curiae in the matter. The affidavit was filed on a PIL by the association, seeking entry for all women and girls in the Sabarimala temple which, as a practice, does not allow girls after attaining puberty to enter the premises. However, the women, who have crossed menopause, are allowed.

During the hearing, the apex court observed that discrimination against women would be examined under constitutional provisions, adding that emotional arguments were not permissible. 

"We are not taking a narrow view. We want to strike a constitutional balance between the right to equality and the right to religious practice. The temple is a religious phenomenon and its functions must come within parameters," the court said.  It has given The Temple Board six weeks to respond in the case.

KK Venugopal who appeared for board said that asked why the practice which was in place for 1,000 years was being questioned now. "The whole of Sabarimala hill is sanctified and women can't enter," he said.

The court asked the Temple Board and the Kerala government to provide details on when the practice of disallowing entry to women in the temple began and submit historical reasons behind the discrimination.

The Kerala government had told the Supreme Court that banning entry of women of menstrual age in historic Sabarimala temple in the state, is a "matter of religion" and it is duty bound to "protect the right to practice the religion of these devotees".

In an affidavit, the state government said administration of the temple vests with the Travancore Devaswom Board under the Travancore-Cochin Hindu Religious Institutions Act and the decision of the priests is final in the matter of worship. "In the context of Sabarimala, the administration vests with the Travancore Devaswom Board under the provisions of the Travancore-Cochin Hindu Religious Institutions Act, 1950.

"Under the Act, there is a statutory duty cast on the Board to arrange worship in temples in accordance with the usage. Therefore, in matters of religion, it is the opinion of the priests that is final," the affidavit filed by state chief secretary Jiji Thomson said.Jiji Thomson said.

With agency inputs.