Supreme Court allows women of all ages to enter Sabarimala temple

September 28: The Supreme Court on Friday ruled that women, irrespective of age, can enter Kerala’s Sabarimala temple. Putting an end to a centuries-old tradition, this judgement of the apex court is regarded by many as historic. A five-judge Constitution bench, headed by Chief Justice of India Dipak Misra, said that the provision in the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, which authorised the restriction, violated the right of Hindu women to practice religion. It also said that patriarchy in religion cannot be allowed to trump the right to pray.

For decades, women of menstrual age (10 to 50) were restricted from entering the temple as its presiding deity, Lord Ayyappa, is considered to be a celibate. But ending a ban on the entry of women, the apex court ruled that women of all ages must be allowed in Kerala’s renowned Sabarimala temple.
A five-judge Constitution bench, headed by Chief Justice of India Dipak Misra, Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra gave this verdict. However, Justice Indu Malhotra, only woman Judge on the bench, gives lone dissent and says issues raised have serious implications for all religions. She says issues which have deep religious connotation should not be tinkered with to maintain secular atmosphere in the country.

A clutch of petitions had challenged the ban, which was upheld by the Kerala High Court. The HC had ruled that only the “tantri (priest)” was empowered to decide on traditions. The petitioners, including Indian Young Lawyers Association and Happy to Bleed, argued in court that the tradition is discriminatory in nature and stigmatised women, and that women should be allowed to pray at the place of their choice.

Justice Chandrachud also said that not allowing the woman to enter because they are of procreating age is “derogatory” to them. “To exclude women of the age group 10-50 from the temple is to deny dignity to women. To suggest that women cannot undertake the 41-day vratham is to stereotype them,” he said. The CJI says Ayyappa devotees do no constitute a separate religious denomination. The TDB had argued in court that they should be allowed to make the rules as they form a denomination. The Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, violate the right of Hindu women to practice religion, says CJI. The practice of age restrictions on women entry to Sabarimala temple cannot be treated as essential practice, he adds. Justice Rohinton Nariman concurs with CJI Dipak Misra. “The custom of barring women is violative of Article 25(1). Rule 3(b) of Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 struck down by Justice Nariman. Fundamental Rights under PART III of Constitution is essential for transformation of a society.”

Meanwhile, in Kerala, the family of the Sabarimala Tantri, or head priest, said they will abide by the apex court’s ruling and will allow the women to enter the temple premises. Reacting to the verdict, the Travancore Devaswom Board president has said he will file a review petition. The TDB manages the Sabarimala temple. “We will go for a review petition after getting support from other religious heads.”