The Supreme Court today questioned the rationale behind banning the entry of women in the 10-50 age group into the famous Sabarimala temple in Kerala, saying menstruation may begin before the age of 10 and menopause may hit women much earlier.
A five-judge Constitution bench headed by Chief Justice Dipak Misra was apparently not in agreement with the plea of the Travancore Devaswom Board, which runs the over 800-year-old Lord Ayyappa temple, that women of that age group were barred as they cannot observe purity and "penance" for a period of 41 days, a condition for undertaking the pilgrimage.
"This is imposition of an impossible condition that one has to observe a 41-day penance period. What you cannot do in law is being done by imposing this condition (through a notification of the board)," the bench, also comprising justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, said.
Senior advocate A M Singhvi, appearing for the board, said that the temple has the bona fide custom and it was "physiologically impossible for women to observe 41 days of penance".
He justified the notification of the board which barred women in the age group of 10 to 50 years from entering the temple.
The bench, however, said, "Somebody may stop menstruating at the age of 45. A girl of 9 years of age can have the menstruation. Therefore, there is no rationale at all in this notification."
Much before the abolition of untouchability, Sabarimala temple has been allowing entry of persons of all castes and religions, he said, adding, "Muslims and Christians can also go inside."