New Delhi | The Supreme Court on Friday in a historic judgement allowed women from the age 10 to 50 to enter in the Sabarimala Temple in Kerala.
The five-judge constitutional bench headed by Chief Justice Deepak Misra in a 4:1 verdict allowed the entry of women of all age in the Sabarimala Temple. Delivering the Judgement the bench aid, “Right to worship is given to all devotees and there can be no discrimination on the basis of gender.” The bench further added that “The practice of barring women in age group of 10-50 to go inside the temple is violative of constitutional principles.”
Reading the majority decision CJI Deepak Mishra said, “The dualistic approach against women degrades the status of women. Women is not lesser or inferior to man Patriarchy of religion cannot be permitted to trump over faith.” He further added that Biological or physiological reasons cannot be accepted in freedom for faith. Abolishing the ban of women’s entry in the temple, CJI said, “Religion is basically way of life however certain practices create incongruities.”
CJI Mishra also clarified that The right guaranteed under article 25 has nothing to do with gender or physiological factors”.”The exclusionary practice given the backing of a legislation is not an integral part of religion,” the bench added.
Speaking on the Judgement Justice Nariman said, “There is no protection under Article 26 for Ayyappa devotees and therefore the rules will not apply insofar as Sabarimala is concerned.” He further added,” Rules Disallowing women in Sabarimala unconstitutional and violative of Article 21.” Justice Nariman also stated that Dignity of an individual is an unwavering nature of fundamental rights.
Meanwhile, Justice Indu Malhotra in her dissenting opinion said, “Issues of deep religious sentiments should not be ordinarily be interfered by the Court.” Malhotra observing her dissent added,” Court should not interfere unless if there is any aggrieved person from that section or religion.” She further stated that the Notion of rationality should not be seen in matters of religion.
The Bench was delivering the Judgment in a 2006 PIL filed by Indian Young Lawyers Association challenging the old tradition of Sabarimala Temple banning entry of women of menstruating age inside the temple.
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