Sabarimala Temple Case: Supreme Court Refers Women's Entry Case to Constitution Bench

Challenging the ban on women's entry in Sabarimala temple in Kerala, the Supreme court will deliver is verdict on the petitions on Friday.

While devaswom minister Kadakampally Surendran welcomed the SC order with an expectation that the constitutional bench would uphold the state government's position, Travancore devaswom board (TDB) president Prayar Gopalakrishnan demanded protection from constitutional bodies to belief and rituals.

The Constitution Bench will answer the question whether a 1991 judgment of the Kerala High Court maintaining the restriction would add up to res judicata. The observation is in response to the Public Interest Litigation (PIL) challenging the ban on women's entry into the temple.

The women aged between 10 and 50 are not allowed from taking the pilgrimage to Sabarimala temple.

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The reference to a larger bench was made by a three-judge bench headed by the Chief Justice Dipak Misra in a batch of petitions filed in 2006 by the Indian Young Lawyers Association and others opposing the ban on the women's entry to the temple.

Is restricting the entry of women on the ground of gender in accordance with constitutional rights? It said Article 25 of the constitution gives the temple the right to manage its own affairs.

The Supreme Court has, in the past, termed illegal traditional and religious practices that violate the fundamental rights guaranteed by the Indian constitution.

The bench comprised of Dipak Misra, R Banumathi, and Ashok Bhushan had earlier requested to submit the things that need to be presented at the Constitution Bench. You can not refuse entry to a woman who comes there ...

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Meanwhile, women's rights activists are hoping for a positive judgment today.

The question that has been raised is: Does this ban on admission to the temple, on the basis of medical reasons of the woman violate the rights of equality?

"I hope it will allow women to enter the temple otherwise we can not say it is secular country".

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?

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  • Jermaine Castillo