Sabarimala Temple Verdict by Supreme Court (SC) | Latest Burning Issues

Table of Contents

SABARIMALA

Sabarimala is a Hindu pilgrimage centre located at the Periyar Tiger Reserve in the Western Ghat mountain ranges of Pathanamthitta District It is one of the largest annual pilgrimages in the world with an estimated 45–50 million devotees visiting every year.

BASICS

The shrine at Sabarimala is an ancient temple of Ayyappan also known as sasta and Dharmasasta. In the 12th century, Manikandan, a prince of Pandalam dynasty, meditated at Sabarimala temple and became one with the divine. Manikandan was an avatar of Ayyappan.

AYYAPPAN – HINDU GOD

Belief – the deity is a ‘naishtika brahmachari’ (eternal celibate)

PURITY

The devotees are expected to follow a Vratham (41-day austerity period) prior to the pilgrimage.
This begins with wearing of a special Mala (a chain made of Rudraksha or Tulasi beads is commonly used, though still other types of chains are available.).
During the 41 days of Vratham, the devotee who has taken the vow, is required to strictly follow the rules that include follow only a lacto-vegetarian diet (In India, vegetarianism is synonymous with lacto-vegetarianism), follow celibacy, follow teetotalism, not use any profanity and have to control the anger, allow the hair and nails to grow without cutting

WHO RUNS THE TEMPLE?

The temple, dedicated to Lord Ayyappa, is one of the most famous temples in Kerala.
The Travancore Devaswom Board (TDB) manages the temple.
They argued that only women of a certain age are barred from entering the temple and that it is okay to wait till 50 to enter the holy shrine.

THE ISSUE OF DISCRIMINATION – 1991

In 1991, the Kerala High Court restricted entry of women above the age of 10 and below the age of 50 from offering worship at Sabarimala Shrine as they were of the menstruating age.

THE SABARIMALA CASE

A group of five women lawyers has challenged Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, which authorises restriction on women “of menstruating age”. •They moved the apex court after the Kerala HC upheld the centuries-old restriction, and ruled that only the “tantri (priest)” was empowered to decide on traditions.

THE SABARIMALA CASE

Senior Advocate Indira Jaising, who represented the petitioners, said the restrictions went against Articles 14, 15 and 17 of the Constitution.
She argued that the custom is discriminatory in nature and stigmatised women, and that women should be allowed to pray at the place of their choice.

KERALA GOVT’S STANCE

While the Kerala government had opposed the entry of women in 2016, it told the SC during the hearing this year that it was in favour of allowing women to pray at the temple. Advocate Jaideep Gupta, representing the state government, said it would support the entry of women of all ages to the temple

SABARIMALA VERDICT

The Supreme Court in September 2018 allowed women of all ages in the Ayyappa temple at Sabarimala in Kerala. The five-judge constitution bench headed by Chief Justice Dipak Misra, in a 4:1 verdict, said banning the entry of women in Sabarimala temple is gender discrimination and the practice violates the rights of Hindu women. OBSERVATIONS While Justices R F Nariman and D Y Chandrachud concurred with the CJI and Justice A M Khanwilkar, Justice Indu Malhotra gave a dissenting verdict.

OBSERVATIONS OF JUSTICE MALHOTRA

Justice Malhotra, the only woman on the bench, said that the petition does not deserve to be entertained.
She was of the view that it is not for courts to determine which religious practices are to be struck down except in issues of social evil like ‘Sati’.

OBSERVATIONS OF JUSTICE MALHOTRA

Adding that the issue is critical to various religions, she said, “Issues of deep religious sentiments should not be ordinarily be interfered by the court. The Sabarimala shrine and the deity is protected by Article 25 of the Constitution of India and the religious practices cannot be solely tested on the basis of Article 14.”

OBSERVATIONS OF JUSTICE MALHOTRA

“Notions of rationality cannot be invoked in matters of religion,” said Justice Malhotra, adding: “What constitutes essential religious practice is for the religious community to decide, not for the court. India is a diverse country. Constitutional morality would allow all to practise their beliefs. The court should not interfere unless if there is any aggrieved person from that section or religion.”

OBSERVATIONS OF JUSTICE MALHOTRA

She also said that “Religious practices can’t solely be tested on the basis of the right to equality. It’s up to the worshippers, not the court to decide what’s religion’s essential practice.”

NOW WHAT?

The temple is open for worship only during the days of Mandalapooja (approximately 15 November to 26 December), Makaravilakku or “Makara Sankranti” (14 January) and Maha Vishuva Sankranti (14 April), and the first five days of each Malayalam month.