Sabarimala ban on women: Hearing restarts in Supreme Court after 7 years

After being in cold storage for 7 years, the Supreme Court of India has restarted hearing a case concerning ban on entry of women in Sabarimala temple.

. And if today’s proceedings are anything to go by, the signs are ominous for those who advocate the ban. Presiding judge Justice Dipak Misra today remarked that

. “Unless you have the Constitutional right to prohibit, you can’t prohibit”.

. Sabarimala, the abode of Lord Ayyappa is set in the hilly forests of Western Ghats in the State of Kerala. The temple prohibits entry of women who are in their menstruating years. The petition seeking lifting of ban on entry of women was filed by Indian Young Lawyers Association a decade ago – in 2006.

. According to The Hindu , the petitioner has challenged Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 which bans entry of women to Sabarimala. The same has been assailed on the ground of violation of right to equality and discrimination on the basis of gender. The petition also alleges violation of Article 25 – which provides the right to practice and propagate religion.

. The court had issued notice in the case the same year on August 18. The matter was referred to a 3-judge Bench on March 7, 2008 after which it came up for hearing today for the first time.

. The Bench today comprised of Justices Dipak Misra, PC Ghose and NV Ramana. Senior Advocate KK Venugopal appeared for the Devaswom Board. The State and the Devaswom Board argued that the ban is based on the custom existing for half a century.

. Justice Misra, however said that, there can be no proof that women did not enter the temple 1000 years ago.

. “They may want to go to the temple, they may not. It is their choice. Unless you have the Constitutional right to prohibit, you can’t prohibit”, said Misra J.

. The Court has asked the State government to file its affidavit setting out its stand on the issue. The case will now be taken up on January 18.

. Image taken from here .

Sabarimala ban on women: Hearing restarts in Supreme Court after 7 years

Murali Krishnan

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