In a historic verdict on Friday, September 28, 2018, the Supreme Court opened the gates of the Sabarimala Temple in Kerala to women devotees aged between 10 to 50. The verdict is a path-breaking decision to ensure gender equality at all religious places was carried out by a five-judge constitution bench headed by Chief Justice of India, Dipak Misra.
The Supreme Court, in a majority decision of 4:1 bench lifted the centuries-old ban of women from the age of menarche to menopause in the Sabarimala Temple of Kerala to worship Lord Ayyappa. “Lord Ayyappa is not a separate denomination”, said CJI Misra who retires on 2nd October 2018. “All devotees are equal and there cannot be any discrimination on the basis of gender”, he further added.
The Supreme court said that barring women from entering a place of worship is a violation of constitutional principles. Justice Nariman pointed out the practice as the violation of Article 26 of the constitution. Referring to the restriction on entry of women between the age group of 10 to 50 years in the Sabarimala temple of Kerala, the Supreme Court said that any subversion and repression of women under the garb of biological or physiological factors like menstruation could not be legitimized.
Chief Justice Dipak Misra, Justices R.F. Nariman, A.M. Khanwilkar, and D.Y. Chandrachud were unanimous in their view and considered the restriction on women from entering the Sabarimala Temple of Kerala as illegal, arbitrary and unconstitutional.
However, Justice Indu Malhotra, the lone woman Judge on the panel gave a dissenting verdict holding that worshippers of Lord Ayyappa belonged to a separate religious denomination and entry ban of women was an essential part of their religion.
“Right to pray” in the Sabarimala temple of Kerala for women 10 to 50 years of age won over “Right to wait” campaign as the Supreme court condemned the prohibition as “hegemonic patriarchy.” Patriarchy cannot trump freedom to practice religion. In a separate but concurring judgment, Justice D.Y. Chandrachud said the practice is a form of untouchability.
The head priest of Sabarimala temple of Kerala, Kandaru Rajeevaru said in his first response, “We are disappointed but accept the Supreme court’s decision on the entry of women.”
However, some members of the temple’s board, its highest decision-making body said, they are exploring a possible review petition. The Kerala government which had been changing its stance on the temple ban supported the decision.
