NEW DELHI: The Supreme Court on Tuesday began hearing on whether prohibiting the entry of women between the age group of 10-50 in Kerala's Sabarimala temple on grounds of biological factors was discriminatory and violative of the constitution.
The constitution bench comprising of Chief Justice Dipak Misra, Justices Rohinton Fali Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra will take up five questions framed by a three judge bench while referring the matter to a five judge constitution bench on October 13, 2017.
The Indian Young Lawyers Association which has challenged the 800-year-old practice of prohibiting the entry of women into the famed Lord Ayyappan Temple and has sought direction to the Kerala government, the Travancore Devaswom Board, Chief Thanthri (priest) of Sabarimala Temple and the District Magistrate of Pathanamthitta to ensure entry of female devotees between the age group of 10-50.
Appearing for the petitioner, counsel Ravi Prakash Gupta told the court the restrictions on the entry of women in Sabarimala temple is not the essence of their religious affairs as discrimination on the entry of women in the temple is "neither a ritual nor a ceremony associated with Hindu religion. Mere sight of a woman does not affect anybody's celibacy, if one has take oath of it, otherwise such oath has no meaning."
The hearing remained inconclusive and will continue on Wednesday. Ends. For box Key issues to be decided by the court
1) Whether the exclusionaryce which is based upon a biological factor exclusive to the female gender amounts to 'discrimination' and thereby violates the very core of Articles 14, 15 and 17 and not protected by 'morality' as used in Articles 25 and 26 of the Constitution?
2) Whether the practice of excluding such women constitutes an 'essential religious practice' under Article 25 and whether a religious institution can assert a claim in that regard under the umbrella of right to manage its own affairs in the matters of religion?
3) Whether Ayyappa Temple has a denominational character and, if so, is it permissible on the part of a 'religious denomination' managed by a statutory board and financed under Article 290-A of the Constitution of India out of Consolidated Fund of Kerala and Tamil Nadu can indulge in such practices violating constitutional principles/ morality embedded in Articles 14, 15(3), 39(a) and 51-A (e)? 4) Whether Rule 3 of Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules permits 'religious denomination' to ban entry of women between the 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 on the ground of sex?
5) Whether Rule 3(b) of Kerala Hindu Places of Public Worship (Authorization of Entry) Rules, 1965 is ultra vires the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 and, if treated to be intra vires, whether it will be violative of the provisions of Part III of the Constitution?