Sabarimala Temple Verdict: Doors For Ayyappa Darshan Open For Women of All Age Groups, Rules Supreme Court Saying Biological Reasons Can't be Given Legitimacy

New Delhi, September 28: The Supreme Court on Friday in a 4:1 landmark judgment opened the doors of Sabarimala Temple in Kerala for Ayyappa Darshan for women of all age groups, saying women are worshipped as goddesses and no biological reason can be given legitimacy.  The verdict by a five-judge constitution bench headed by Chief Justice Dipak Misra came on a number of pleas filed by Indian Young Lawyers Association and others challenging the ban on entry of women between 10 and 50 years of age into the Sabarimala temple in Kerala. Live updates on the Supreme Court's Sabarimala verdict.

The bench, which also comprised Justices R F Nariman, A M Khanwilkar, DY Chandrachud and Indu Malhotra, had reserved its judgment in the case on August 1 after hearing the matter for eight days. While CJI Dipak Misra, Justices AM Khanwilkar, DY Chandrachud and Rohinton Nariman concurred on one opinion, Justice Indu Malhotra dissented. The four judges said that women cannot be considered weaker or lesser. Highlights of Sabarimala Verdict.

What the Majority Judgment Said

CJI Dipak Misra, while pronouncing the verdict on behalf of him and Justice Khanwilkar, said that the law and society are tasked with the task to act as levellers. "Devotees of Ayyappa do not constitute a separate religiouss denomination," the CJI said.

CJI Misra added that the bar on entry of women between the age of 10 and 50 years is not an essential part of the religion.

Justice Chandrachud, in his concurring judgment stated that religion cannot be cover to deny women their right to worship. "To treat women as children of lesser God is to blink at Constitutional morality. Physiological features cannot be a ground for denial of right. To suggest that women cannot keep Vratam is to stigmatise them," he said.

Justice Indu Malhotra's Judgment

While four judges agreed on allowing women of all ages into Sabarimala, the only woman judge on the bench, Justice Indu Malhotra, dissented saying religious practices can't solely be tested on the basis of the right to equality. Justice Malhotra said that the verdict on Sabarimala would have an impact on other temples too.  She said that it was not for the court to decide on religious practices. "What constitutes essential religious practice is for the religious community to decide, not for the court," Justice Malhotra said.

Dissenting with CJI Misra's statement on Ayyappa devotees, Justice Malhotra said, "Respondents have made out a strong case for Ayyappa devotees being a separate denomination." She also observed, "Notions of rationality cannot be brought into matters of religion."

Observations Made During the Hearing

The Supreme Court, during the hearing in July, had reprimanded the authorities for prohibiting the entry of women between the age group of 10-50 years in the Sabarimala temple. CJI Dipak Misra had questioned, "On what basis you (temple authorities) deny the entry? It is against the Constitutional mandate. Once you open it to the public, anybody can go." Justice DY Chandrachud had also said, "Your right as a woman to pray is equal to that of a man and is not dependent on a law to enable you to do that."

Justice Rohinton Nariman had questioned the stand of Travancore Devaswom Board (TDB), saying deity cannot suddenly disappear for five days only to reappear later. Justice Chandrachud had also said that "every woman is also the creation of God and there should be no discrimination against them in employment or worship."

(The above story first appeared on LatestLY on Sep 28, 2018 10:51 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).