The Supreme Court on Tuesday asked the chief priest of the Sabarimala Ayyappa Temple whether a devotee barred from touching a deity due to birth or status can seek protection under the Constitution.
The observation came during proceedings before a nine-judge Constitution bench examining issues linked to discrimination, including those arising from practices at the Sabarimala temple. The bench is considering the broader scope of religious freedom and the extent to which customary practices are protected.
The court’s query followed submissions from the temple’s chief priest’s counsel, who argued that rituals and ceremonies form an integral part of religion and must align with the inherent characteristics of the deity. The submission said that the devotees are expected to accept these defining attributes as part of their faith and worship.
The bench, however, questioned whether such practices can override fundamental rights when they result in exclusion based on birth or other inherent conditions.
It pointed out that a deeply devoted believer being denied physical access to the deity raises concerns about equality and constitutional protection.
In response, the counsel maintained that restrictions tied to essential religious practices could be upheld, but a complete exclusion based solely on birth from roles such as priesthood could be addressed through legislation or state intervention under constitutional provisions.
The submissions also reiterated the position that the Sabarimala deity is regarded as a “Naishtika Brahmachari” (eternal celibate), and that temple customs are structured around this belief.
It was argued that these practices form an essential part of the religious tradition and should therefore be protected.
(With inputs from PTI)
