Sabarimala Verdict: Justice Indu Malhotra dissents, says 'courts must respect religious practices'
Justice Indu Malhotra was the sole female judge at the Supreme Court bench that delivered the historic verdict lifting ban on women’s entry in Kerala’s Sabarimala Temple on Friday.
While Chief Justice of India Dipak Misra, Justices AM Khanwilkar, RF Nariman, DY Chandrachud gave favorable verdict, it was Justice Malhotra who dissented.
The dissent by Justice Indu Malhotra said that in a secular polity, courts cannot decide whether religious practice is rational or logical. Courts must respect religious practices and beliefs of a multicultural set up of religions in India.
‘It is not for court to interfere in religious practices even if it appears discriminatory,’ she said.
She said courts have to balance the rights of women with rights of citizens to practice religious beliefs. It may only step in where some practice becomes punishable or oppressive like ‘sati’.
She also said that ‘right to equality conflicts with right to worship of devotees of Lord Ayyappa.’
‘Issue in this case not limited to Sabarimala only. It'll have far reaching implications for other places of worships,’ she added.
On August 1, the five-judge Constitution bench had reserved its judgement on the petitions challenging the ban after hearing the case for eight days.
During the course of the hearing, CJI Misra had observed that even the deity of Sabarimala Temple has rights with respect to certain aspects, including 'Right to Privacy', but the same has to be tested on Constitutional legitimacy. Another judge, Justice Chandrachud had stated that the right to pray is equal for both men and women.
Before that on July 26, the Pandalam Royal family challenged the petition seeking entry of women into the temple, terming it 'mischievous' on grounds of being against practices of the Hindu faith. The lawyer appearing on their behalf had told the court that the temple deity, Lord Ayyappa, is an eternal celibate and therefore women of menstruating ages should not be allowed in the premises.
(With agency inputs)
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