Sabarimala row: SC to hear all pleas challenging earlier verdict on Nov 13

The Supreme Court said Tuesday that it would hear on November 13 the petitions seeking review of its September 28 verdict allowing women of all age groups into the Sabarimala temple in Kerala.

The five-judge constitution bench headed by then Chief Justice Dipak Misra, in its 4:1 verdict, had paved the way for entry of women of all ages into the temple saying that the ban amounted gender discrimination.

A bench comprising Chief Justice Ranjan Gogoi and Justice S K Kaul said today that fresh petitions, which included the one filed by National Ayyappa Devotees Association (NADA) and 19 review petitions, are listed for hearing at 3 PM on November 13.

"Sabarimala cases will be taken up on November 13 at 3 PM. The order has been passed," the CJI said when Mathews J Nedumpara, representing NADA, again mentioned the plea for urgent hearing.

The apex court's verdict has led to protests and counter-protests at the hill-top shrine in Kerala.

The court had on October 9 declined an urgent hearing on Nedumpara's plea which had contended that the five-judge Constitution bench's verdict lifting the ban was "absolutely untenable and irrational".

The bench had said the review petitions could only be taken up after the Dussehra vacation, adding that in any case, it will be heard in chamber and not in open court.

The petition filed by Shylaja Vijayan, president, NADA through Nedumpara, had submitted that, "Faith cannot be judged by scientific or rationale reasons or logic".

"The notion that the judgment under review is revolutionary, one which removes the stigma or the concept of dirt or pollution associated with menstruation, is unfounded. It is a judgment welcomed by hypocrites who were aspiring for media headlines. On the merits of the case, as well, the said judgment is absolutely untenable and irrational, if not perverse," the petition had submitted.

"Review judgment and order...on the ground that it is unconstitutional and void inasmuch as it is vitiated by errors apparent on the face of the record; that it is without jurisdiction or in excess of jurisdiction, that it is in violation of principles of natural justice and that it is in violation of express constitutional provisions," the plea had said.

Besides the Association, several other petitions including the Nair Service Society (NSS) have been filed against the apex court verdict.

The NSS had said that as the deity is a 'Naistika Brahmachari, females below the age of 10 and after the age of 50 years are eligible to worship him and there is no practice of excluding worship by females.
 

"Hence, the delay or wait for 40 years to worship cannot be considered as exclusionary and it is an error of law on the face of the judgement," the plea had said.

The NSS had said that many essential religious practices will be rendered void and religion itself may be rendered out of existence if the general ground of equality under Article 14 is resorted to and essential religious practices are tested on the principle of rationality.