Putting an end to a centuries-old tradition, the Supreme Court Friday ruled that women, irrespective of age, can enter Kerala’s Sabarimala temple. 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.
The bench, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, had reserved its verdict in the case on August 2 this year. Four judgments were delivered today. Justice Malhotra, who penned a dissenting verdict, said the petition does not deserve to be entertained.
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.
Sabarimala verdict: Top quotes from Supreme Court
Four judges on the bench ruled in favour of lifting the ban on women entering Sabarimala temple. CJI Dipak Misra and Justices Khanwilkar, Nariman and Chandrachud found the practice discriminatory in nature and that it violates Hindu women's right to pray. Here are top quotes from the majority judgment:
- CJI said devotion cannot be subjected to discrimination. "Patriarchal rules have to change. Patriarchy in religion cannot be allowed to trump right to pray and practise religion", he said. Justice Khanwilkar concurred with the CJI's verdict.
- Justice Nariman: "To exclude women of the age group 10-50 from the temple is to deny dignity to women. To treat women as children of lesser god is to blink at the Constitution"
- Justice Chandrachud: "Religion cannot be used as cover to deny rights of worship to women and it is also against human dignity." "Prohibition on women is due to non-religious reasons and it is a grim shadow of discrimination going on for centuries."
- All judges ruled that devotees of Lord Ayyappa do not constitute a separate religious denomination.
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