Thursday 19 July 2018

SC observes Sabarimala's women entry ban unconstitutional: An explainer

Sabarimala: Situated in Pathanamthitta district of Kerala, sees one of the largest number of pilgrims in India annually. The temple is believed to be built 1,800 years ago and the deity here is Ayyappan, also known as Sasta and Dharmasasta. In 1991,

The ban on the entry of women in menstruating age (between 10 and 50 years) from entering the Sabarimala temple hit the headlines again on Wednesday, with the Supreme Court observing that the practice was unconstitutional.

The Chief Justice of India, Dipak Misra, questioned the temple authorities about the ban. "On what basis you (temple authorities) deny the entry. It is against the Constitutional mandate. Once you open it for the public, anybody can go," he said.

In a 1991 judgment, the Kerala High Court had held that the ban was in accordance with traditions, saying it was not discriminatory under the Constitution.

The Supreme Court took up the issue in January 2016 after a public interest litigation (PIL) by Indian Young Lawyers Association. Some women lawyers too challenged the validity of the ban and the Kerala High Court's judgment.

The PIL argued that the ban was not in line with any Hindu ritual, thus making it anti-Hindu altogether. It said that the temple authorities could only restrict the entry of women into the sanctum sanctorum, and could not ban their entry into the temple by discriminating against them on the basis of sex, reported The Hindu.

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