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SC directs Kerala Police to provide adequate security to 51 women who entered Sabarimala

The Supreme Court directed Kerala police to provide adequate security to the two female devotees who were entered Sabarimala temple.

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  • Jan 18, 2019, 01:10 PM IST

The Supreme Court directed the Kerala Police on Friday to provide round-the-clock security to two women who had entered the Sabarimala temple.
A bench comprising Chief Justice Ranjan Gogoi and justices L N Rao and Dinesh Maheshwari said it was only going into the aspect of security of the two women and would not like to entertain any other prayer made in the petition.


The bench also refused to tag the matter along with the pending petitions in the Sabarimala case.

It was hearing the petitions of 42-year-old Bindu, a college lecturer and CPI(ML) activist from Kozhikode district's Koyilandy, and Kanakadurga, 44, a civil supplies department employee from Angadipuram in Malappuram, who had entered the Sabarimala shrine on January 2.

"We deem it appropriate to entertain this writ petition by directing the Kerala Police to provide adequate security round the clock to petitioner number 1 (Bindu) and petitioner 2 (Kanakdurga). Beyond that we don't want to go into any of the issues mentioned in the petition," the bench said.

Senior advocate Vijay Hansaria, appearing for the Kerala government, said it was already providing adequate security to these women and other devotees who have entered the Sabarimala temple. He said till now 51 female devotees have entered the shrine.

Advocate Mathews J Nedumpara appearing for some petitioners, who have filed a review plea challenging the decision of the top court to allow women of all ages to enter the temple, said that none of the female devotees has entered the Sabarimala shrine.

The bench, however, refused to go into all these issues and said that if the Kerala government was already providing security to the female devotees without the court's order then there is no harm if the government continues providing adequate security even after the court's order.

Senior advocate Indira Jaising, appear for the women petitioners, said the court should direct tagging of the petitions with the pending matters on the Sabarimala temple issue.

To this, the bench said the prayer for tagging is rejected.

Earlier this month, the two women had stepped into the hallowed precincts guarded by the police, more than three months after the apex court's historic judgment lifting the ban on the entry of girls and women between 10 and 50 years of age into the shrine of Lord Ayyappa, its "eternally celibate" deity.

Following the entry of the women into the shrine, the chief priest had decided to close the sanctum sanctorum of the temple to perform the 'purification' ceremony.

The plea had sought round-the-clock security to both the women due to threat to their life for entering into the hilltop shrine as one of the women was assaulted by her mother in-law.

The plea had sought directions declaring all authorities not to conduct the rite of purification or to shut the temple on account of any woman of the age of 10-50 having entered the temple.

It had said that the purification ritual is representative of a cleansing ceremony, signifying the petitioners were impure, which is violative of their dignity under Article 21 of the Constitution.

The petition also sought directions declaring that any form of prevention of women aged between 10 and 50 years from visiting the hilltop shrine is contrary to the September 28, 2018 judgment of the apex court.

On September 28 last year, a five-judge Constitution bench, headed by then Chief Justice Dipak Misra, in a 4:1 verdict paved the way for entry of women of all ages into the Sabarimala temple, saying the ban amounted to gender discrimination.

The top court has said it may not start hearing pleas seeking a review of the Sabarimala verdict from January 22 as one of the judges was on medical leave.

Earlier, the apex court had decided to hear in open court the review petitions against the verdict. Besides Justice Indu Malhotra and the CJI, justices R F Nariman, A M Khanwilkar and D Y Chandrachud are part of the five-judge constitution bench.

Justice Malhotra had delivered the dissenting judgment in the case.

There are around 48 petitions seeking review of the judgment and they were filed following violent protests in favour and against the verdict

1. What plea wanted

What plea wanted
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The plea sought directions to all authorities to allow women of all age groups to enter the temple without any hindrance and to ensure security and safe passage, including police security to women wishing to enter the temple in future.

"Issue writ of mandamus directing authorities to provide full security, 24x7, to the two women who have entered the temple, and to deal with protesters indulging in acts of violence, physical and/or verbal on social media or otherwise against them in accordance with the law," the petition said.

It sought directions declaring all authorities not to conduct the rite of purification or to shut the temple on account of any woman of the age of 10-50 having entered the temple.

The plea said that the purification ritual is representative of a cleansing ceremony, signifying the petitioners were impure, which is violative of their dignity under Article 21 of the Constitution.

"It is also in direct contravention to their rights under Article 25 where the Petitioners are equally entitled to their right to religion under the Constitution of India," the plea said.

The petition also sought directions declaring that any form of prevention of women aged between 10 and 50 years from visiting the hilltop shrine is contrary to the September 28, 2018 judgment of the apex court.

"The petitioners are women aged 41, and 40 respectively and entered the Sabarimala temple on January 2, 2019 pursuant to the judgment of this court permitting women of all age groups to enter the shrine.

2. PM Modi's comments

PM Modi's comments
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Prime Minister Narendra Modi Tuesday slammed the CPI(M)-led LDF government in Kerala and Congress-led UDF opposition over the Sabarimala women entry issue and said both fronts were two sides of the same coin.

 

Tearing into the Pinarayi Vijayan-led LDF government, Modi said its conduct in the Sabarimala issue will go down as one of the "most shameful behaviours" by any party and government.

Kerala has today "become hostage to the corruption and communalism" of the LDF and UDF, he said while addressing a huge gathering of BJP workers here.

Modi said for the last few months, the entire nation has been talking about Sabarimala.

The conduct of the Kerala LDF government on the Sabarimala issue would go down in the history as one of the "most shameful behaviours by any party and government," he said.

"We know that the communists do not respect the Indian history, culture and spirituality but nobody imagined they would have such hatred," he said.

Slamming the "multiple stand" taken by the Congress and the party-led opposition front UDF in the state, he urged them to clear their stand on the issue.

"The UDF is no better. The Congress has multiple stands. They say one thing in Parliament but a different thing in Pathanamthitta (where the Lord Ayyappa shrine is located). They say one thing on Monday and a different thing on another day," he said.

"I challenge the UDF, clearly state your stand on the issue. Your doublespeak has been exposed," Modi said, lashing out at his party's national arch rival.

 

 

3. CPI (M) statement

CPI (M) statement
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Hitting out at Prime Minister Narendra Modi for his comments on the Kerala government over the Sabarimala issue, the CPI(M) Wednesday said though he took an oath on the Constitution, but he was speaking like a 'pracharak' of the RSS.
The party said the Modi's comments on the issue were "atrocious and condemnable".
"Mr Modi forgot that he had taken oath on the Constitution of India and he spoke as an RSS pracharak not as the Prime Minster. His statement constitutes a direct assault on the Indian Constitution and the Supreme Court," the party said in a statement.
It said the state government was implementing the judgement of the Supreme Court, and the prime minister's statement has "dangerous implications for the future".

4. Sitaram Yechury

Sitaram Yechury
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CPI (M) general secretary Sitaram Yechury Wednesday lashed out at Prime Minister Narendra Modi for criticising the party-led government in Kerala over the Sabarimala row and claimed his statements amounted to "contempt of court".

Addressing a gathering of BJP workers in Kollam Tuesday, Modi had said the conduct of Kerala's CPM-led LDF government on the Sabarimala issue would go down in the history as one of the "most shameful behaviours by any party and government".
Modi had also said the Congress and Communists were talking about gender justice in the Sabarimala issue but their actions were "just opposite".

 

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