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Temple is not a private property, women must be allowed to pray: SC on Sabarimala case

New Delhi | The Supreme Court on Wednesday while hearing petitions that challenge the traditional ban on the entry of women between 10 and 50 years of age in Kerala’s Sabarimala Temple said that a woman’s right to pray is equal to that of a man and it is not dependent on a law to enable you to do that.

The five-judge constitutional bench of the Apex court which includes Chief Justice of India Dipak Misra, Justices RF Nariman, AM Khanwilkar, Justice DY Chandrachud and Indu Malhotra said,”Every woman is also the creation of God and why should there be discrimination against them in employment or worship.”

Justice DY Chandrachud said, “All persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion… This means your right as a woman to pray is not dependent on a legislation. It is your constitutional right.” Justice Nariman said, “The age notification is ‘arbitrary’ as it leaves out the 9-year-old girl and 53-year-old woman who are menstruating.

Earlier in October last year, the Apex court referred the issue to the Constitution bench, framing five “significant” questions. The Prime question among these was whether the ban amounts to discrimination against women and violates their Constitutional rights.

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