(Eds: With details of deliberations)New Delhi, Oct 13 (PTI) The Supreme Court today referredto a constitution bench the contentious issue relating to theban on entry of women between 10 to 50 years of age inKerala's historic Sabarimala Temple.
A three-judge bench headed by Chief Justice Dipak Misraframed five "significant" questions to be dealt with by theconstitution bench, including whether the practice of banningentry of women in the temple amounted to discrimination andviolated their fundamental rights under the Constitution.
"Whether the exclusionary practice which is based upon abiological factor exclusive to the female gender amounts to'discrimination' and thereby violates the very core ofArticles 14, 15 and 17 and not protected by 'morality' as usedin Articles 25 and 26 of the Constitution," the bench, alsocomprising Justices R Banumathi and Ashok Bhushan, framed asan issue to be decided by the constitution bench.
The management of the Sabarimala temple, located on ahilltop in the Western Ghats of Pathanamthitta district, hadearlier told the apex court that the ban on entry of womenaged between 10 and 50 years was because they cannot maintain"purity" on account of menstruation.
The second issue referred to the constitution bench iswhether the practice of excluding such women constitutes an"essential religious practice" under Article 25 of theConstitution and whether a religious institution can assert aclaim in that regard under the umbrella of right to manage itsown affairs in the matters of religion.
The constitution bench would also deal with whether theAyyappa Temple has a denominational character and "if so, isit permissible on the part of a 'religious denomination'managed by a statutory board and financed under Article 290-Aof the Constitution out of Consolidated Fund of Kerala andTamil Nadu to indulge in such practice violatingconstitutional principles/morality embedded in Articles 14,15(3), 39(a) and 51-A(e)."The bench also framed a question whether Rule 3 of KeralaHindu Places of Public Worship (Authorisation of Entry) Rulespermits 'religious denomination' to ban entry of women betweenthe age of 10 to 50 years.
"And if so, would it not play foul of Articles 14 and 15(3) of the Constitution by restricting entry of women onthe ground of sex," it said.
Rule 3(b) of the Kerala Hindu Places of Public Worship(Authorisation of Entry) Rules, 1965 states that "women atsuch time during which they are not by custom and usageallowed to enter a place of public worship shall be includedin the class of persons who shall not be entitled to offerworship in any place of worship."The apex court also raised the question whether this ruleis ultra vires the Kerala Hindu Places of Public Worship(Authorisation of Entry) Act, 1965 and, "if treated to beintra vires, whether it will be violative of the provisions ofPart III of the Constitution."The questions were framed after taking suggestions of thecounsel of various parties and amicus curiae in the matter.
The court was hearing the petition filed by Indian YoungLawyers Association and others seeking to ensure entry offemale devotees between the age group of 10 to 50 at the LordAyappa Temple at Sabarimala.
On November 7 last year, the Kerala government hadinformed the apex court that it favoured the entry of women ofall age groups in the historic Sabarimala temple.
Initially, the LDF government had taken a progressivestand in 2007 by favouring women's entry into the temple,which was overturned by the Congress-led United DemocraticFront (UDF) dispensation later.
The UDF government had taken a view that it was againstthe entry of women of the age group of 10-to-50 years as sucha practice was being followed since time immemorial. PTI AGABA MNL PKS RKSARC.
This is unedited, unformatted feed from the Press Trust of India wire.