SC to look at Sabarimala issue on constitutional lines

Prima facie, the court said, Hindu religion – in particular sanatana dharma and the Bhagvad Gita – does not discriminate between man and woman.

Interestingly, the Kerala government has told the Supreme Court that banning entry of women of menstrual age in historic Sabarimala temple in the state is a “matter of religion” and it is duty bound to “protect the right to practice the religion of these devotees”. Is spirituality singularly in the domain of men and women? “Spirituality is not the right only for men”, observed the court, which also said that regarding the above issue, all spiritual and constitutional angles will be looked into.

The apex court then appointed senior advocate Raju Ramachandran as amicus curiae in the matter. “So, why there should be gender discrimination in the premises of the temple?” he said.

The bench observed that it will examine whether a total prohibition on the entry of women between the age of 10 and 50 is permissible and whether such discrimination is violative of right to equality under Article 14.

Making it clear that it would take holistic view of the matter before it, the court said: “We are not taking a narrow view”. Holding that religious bodies were free to frame rules for functioning of temples and other religious places, the bench said such rules should be within constitutional principles.

He, however, sought six weeks time for filing evidence including documents and ancient scriptures on the issue.

Senior advocate Indira Jaising, appearing for an intervenor, said women were part of the human race and they have to be allowed entry. But as per the custom and long tradition, women in the age of 10 to 50 are not allowed and the manifestation of God in this temple is a celibate.

The court asked the Temple Board and the Kerala government to provide details on when the practice of disallowing entry to women in the temple began and submit historical reasons behind the discrimination.

Senior advocate KK Venugopal, appearing for the Travancore Devaswom Board, had said women, who have not attained menopause, can not preserve the purity during the 41-day religious journey to the temple, located on a hilltop.