Sabarimala Verdict by Supreme Court Highlights: 'Women are Worshipped like Goddesses, Temple Doors Cannot be Closed For Them'

New Delhi, September 28: The Supreme Court on Friday pronounced its verdict on pleas challenging the ban on entry of women in Sabarimala temple in Kerala and said doors of the temple will be open to all women,  irrespective of their age. The hearing on Sabarimala was a 4:1 verdict, wherein Justice Indu Malhotra had delivered a dissenting opinion. Chief Justice of India Dipak Misra said the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, violate the right of Hindu women to practice religion.

In a written judgment on behalf of himself and Justice Khanwilkar, Misra said that the practice of age restrictions on women entry to Sabarimala temple cannot be treated as essential practice. Reports inform that the Devaswom Board, that manages the Sabarimala temple says they will accept the verdict and won't be filing a review petition in the Supreme Court.

A Constitution Bench of Chief Justice Dipak Misra and Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud, and Indu Malhotra, struck down Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 which was the basis for barring entry of women between the ages of 10 and 50 years to the Sabarimala temple.

A five-judge constitution bench headed by Chief Justice Dipak Misra had reserved its judgement on August 1 after hearing the matter for eight days. It must be noted that the top court's verdict on the pleas challenging the age-old practice would deal with the petitions filed by petitioners Indian Young Lawyers Association and others. Catch LIVE Updates of Sabarimala Women's Entry Verdict by Supreme Court.

The bench, which also comprised Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, had earlier said that the constitutional scheme prohibiting exclusion has "some value" in a "vibrant democracy".

Here are the Highlights of Sabarimala Verdict by Supreme Court :

1. Chief Justice of India Dipak Misra said the law and society are tasked with the task to act as levellers and the right to worship is given to all devotees and there can be no discrimination on the basis of gender.
2. Misra said the practice of barring women in age group of 10-50 to go inside the temple is violative of constitutional principles.
3. The Supreme Court while delivering the verdict on the entry of women in Sabarimala temple said that the rules of the temple violate Article 14 and 25 of the Constitution.
4. Misra said that women can't be treated as weaker or lesser and no biological factor can be given legitimacy. He said that in this country the women are worshipped like goddesses.
5. Justice Indu Malhotra, the dissenting judge said the present judgement won't be limited to Sabarimala, it will have wide ramifications. Issues of deep religious sentiments shouldn't be ordinarily interfered into. She added saying that religious practices can't solely be tested on the basis of the right to equality and it's up to the worshippers, not the court to decide what's religion's essential practice.
6. Any physiological and biological factor can't be given legitimacy if they don't pass the Muster of conditionality, the CJI has said.
7. Prohibition Not an essential component of religion. The bar on entry of women between the age of 10 and 50 years is not an essential part of the religion, CJI Dipak Misra.
8. Chief Justice of India Dipak Misra said the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, violate the right of Hindu women to practice religion.
9. Justice Rohinton Nariman concurred with CJI Dipak Misra and said the custom of barring women is violative of Article 25(1) and said the Fundamental Rights under PART III of Constitution is essential for transformation of a society.
10. Justice Chandrachud has begun reading his judgement. "Religion cannot be cover to deny women right to worship. To treat women as children of lesser God is to blink at Constitutional morality," he said in the observation

In July, the Supreme Court had said a woman’s right to pray is equal to that of a man as enshrined in the Constitution and forming a law cannot negate that. CJI Dipak Misra had said if the temple has allowed men to enter, then it must allow women to enter too. “On what basis you (temple authorities) deny the entry. It is against the Constitutional mandate. Once you open it for public, anybody can go”, Misra said. Deity Can’t Suddenly Disappear for 5 Days to Reappear Later, Says Supreme Court on Proposal to Allow Women’s Entry 5 Days a Month.

During the hearing, Misra added that there is no concept of a private temple. “If there is a temple then it is a public place and everyone is allowed to go there. If men can go there then women can also go," he said. Deity Can’t Suddenly Disappear for 5 Days to Reappear Later, Says Supreme Court on Proposal to Allow Women’s Entry 5 Days a Month.

According to a report by PTI, the Kerala government has been changing its stand on the contentious issue of women of the menstrual age group entering the Sabarimala temple. However, the state government of Kerala had on July 18 told the Supreme Court that it now favoured their entry.

(The above story first appeared on LatestLY on Sep 28, 2018 10:55 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).