The Supreme Court today questioned the age-old tradition of banning entry of women of menstrual age group in historic Sabarimala temple in Kerala, saying it cannot be done under the Constitution.
"The temple cannot prohibit entry (women), except on the basis of religion. Unless you have a constitutional right, you cannot prohibit entry. Anyway, we will examine it on February 8," a bench of Justices Dipak Misra and N V Ramana said.
The bench was hearing a PIL, filed by the Young Lawyers Association, seeking entry for all women and girls in the Sabarimala temple which, as a practice, does not allow girls after attaining puberty to enter the premises.
However, women, who have crossed menopause, are allowed.
During the brief hearing today, the bench posed a query as to why women cannot be allowed inside and observed that the practice was not supported by the constitutional scheme.
It asked the government whether it was sure that women have not entered the temple premises in the last 1,500 years.
The bench also observed that it was a public temple and everyone needed to have "the right to access". At best, there can be religious restrictions and not a general restriction, it said.
Senior advocate K K Venugopal, appearing for Kerala, said the women, who have not attained menopause, cannot preserve the purity during the religious journey to the temple, located on a hilltop, which usually spans 41 days.
Venugopal had referred to an apex court judgement saying
such a judicial intervention would cause "injustice" to the age-old faith and belief and adversely affect religious institutions of all faiths.
He had also said that the President of Indian Young Lawyers' Association, which has filed the PIL on the issue, is a practising Muslim and now demands have started coming up for allowing entry of women in the Haji Ali shrine in Mumbai which, they say, was against their religious practices.
The management of the Sabarimala temple, located on a hilltop in the Western Ghats of Pathanamthitta district, had told the court that the ban on entry of women aged between 10 and 50 years was because they cannot maintain "purity" on account of menstruation.
