Bench also questions whether menstruation can be a guiding factor for denying women entry in a temple.
New Delhi : Denying women the right to enter and pray in the historic Sabarimala temple in Kerala cannot be justified on the basis of traditions which violate constitutional principles, the Supreme Court said on Wednessday.
The 3-judge bench also did not accept the contention that the plea seeking entry of women into the temple be referred to a five-judge Constitution Bench, at least not for the time being. “In case we feel later that substantial questions of constitutional importance are there, we may refer it to the Constitution Bench,” the judges said.
At one point during the hearing, the Bench took strong note of the submission of senior advocate Indira Jaising that women have become “neo-Harijans” for being denied entry in the temple. “Why do you say that? Don’t compare like this…You are ‘Aadi Shakti’. Women have created this generation. You must say that you are equal,” the bench observed, leading Jaising to withdraw her submission.
The bench also questioned whether “a physiological phenomenon (menstruation) can be a guiding factor for denying women entry” in the temple.
Jaising, arguing for NGO Happy to Bleed, submitted that women are part of the Hindu community and hence cannot be denied the right to pray in a public temple; moreover, that right is guaranteed under Article 25 of the Constitution.
“In Hindu religion, there is no denomination of a Hindu male or female. A Hindu is a Hindu,” the bench said, adding that it would not deal with the customary belief that the bar on entry of women is in place to maintain purity of Lord Ayyappa deity.
The apex court also reiterated that it would decide on the right of women to enter the temple on the basis of constitutional principles. The hearing in the case would resume on April 18. The court is hearing a PIL, filed by Indian Young Lawyers’ Association, seeking entry of women in the Sabarimala temple, which is located on a hill-top Kerala’s Pathanamthitta District.
Trupti violates the dress code
Kolhapur: In high drama, Bhumata Ranragini Brigade leader Trupti Desai on Wednesday night had darshan of goddess Mahalaxmi by entering the sanctum sanctorum of the temple after defying the ‘dress code’ prescribed by the police and the priests, amid a minor scuffle inside the famous shrine.
Notwithstanding the “advice” given by the police to wear a sari inside the ‘girbh griha’ of the temple, the woman activist entered the inner sanctum in salwar kameez, though some priests and devotees tried to block her way.
Earlier in the day, Desai and other activists were taken into preventive custody by the police when they tried to proceed towards the temple in a procession, allegedly in violation of the prohibitory orders. She and other activists had organised a ‘Vijay’ rally to mark the “victory” for the cause of women who were recently allowed to enter the inner sanctum of the Shani Shingnapur temple in a major departure from a long-standing tradition.
Desai and her associates were stopped at Tararani Chowk where they had gathered to organise the procession. The atmosphere around the temple was tense and shops downed shutters as activists of the Shiv Sena and other organisations gathered in the area after Desai insisted on having darshan of the deity clad in salwar kameez. Deputy SP Bharatkumar Rane said the police tried to convince Desai against going in procession but she did not budge. She was taken into preventive custody for maintaining law and order, he said.
