Women's entry into Sabarimala: Constitution bench will decide

A three-Judge bench of the Supreme Court on Friday referred to a Constitution bench a clutch of petitions challenging the age-old practice in Kerala's Sabarimala Temple of not allowing women aged between 10 years and 50 years to enter the temple. The Kerala High Court had upheld the custom in 1991.

The temple, which is managed by the Travancore Devaswom Board, authorities have repeatedly justified the practice, saying it is founded in tradition.

Earlier this year, SC had questioned the ban, saying it cannot be done under the Constitution. The Kerala government has changed its stand on the issue thrice.

The five-Judge Constitution Bench will decide whether the fundamental right of women to religious freedom and to pray at the place of their choice can be discriminated against by a temple managed by a board created through a legislation passed by the State.

The bench headed by Chief Justice of India Dipak Misra and also comprising Justices R Banumathi and Ashok Bhushan also framed questions for reference to the Constitution Bench.

The Constitution Bench would decide whether the practice of ban on women is gender discriminatory, violating their right to equality and religious freedom. It will also take a call on whether the ban is protected by Article 25 - Right to Religious Freedom.