Women's entry into Kerala's Sabarimala temple: SC reserves order, may refer case to Constitution Bench

The Supreme Court on Monday reserved its order whether to refer the issue of ban on entry of women inside Kerala's famous Sabarimala temple to a Constitution Bench or not.

New Delhi: The Supreme Court on Monday reserved its order whether to refer the issue of ban on entry of women inside the sanctum sanctorum of Kerala's famous Sabarimala temple to a Constitution Bench or not.

The apex court said that it needed to decide whether certain religious practices can be protected under the Constitution.  "Law, religion and spiritualism are different facets. God is omnipresent, ubiquitous but we need to decide broader constitutional questions," the highest court said.

The apex court made the observation while responding to a Public Interest Litigation filed by the India Young Lawyers` Association (IYLA), seeking entry of women inside the Sabarimala temple in Kerala.

The PIL had challenged the ban on entry of women between the age group of 10-50 inside the ancient temple dedicated to Lord Ayyappa.

During previous hearing related to the case, the apex court had said that the fundamental right of women to equality has to be balanced with the right of a group to profess and manage religious affairs before a decision can be taken regarding the ban on entry of women inside Kerala’s Sabarimala temple.

A bench led by Justice Dipak Misra said that restriction on women to enter a place solely on the basis of gender was indeed discriminatory and a violation of their right, but the Constitution had also given a right to ensure freedom to profess and propagate religious practices and to manage religious affairs.

“We will have to balance the rights before we say anything,” said the bench as it heard a PIL seeking that the ban on entry of women to Kerala’s historic temple should be immediately lifted.

The plea argues that the practice symbolises a social anathema based on gender-discrimination.

Interestingly, taking a U-turn on the issue, the Kerala government had earlier informed the Supreme Court that it favours the entry of women of all age groups in the historic Sabarimala temple in the state.