The Supreme Court on Thursday said that it was constitutionally impermissible to restrict entry of women into Kerala's Sabarimala temple on physiological reasons.
The top court said the test of essential practice of a religion granted under the Constitution has to be undertaken on constitutional principles. “Constitution overrides all other principles, there cannot be the exclusion of women of pre-puberty and post-menopause,” it said.
“The core of the issue is whether Constitution overrides all other aspects. If yes, then nobody can exclude a class of women from visiting the temple. Essentiality aspect has taken charge of Article 25 (freedom of conscience and free profession, practice and propagation of religion) under the Constitution, but it should not be so. Because of the fact that something is essential to the religion, it becomes inviolable,” Justice Chandrachud said, in the five-judge bench presided over by Chief Justice Dipak Misra.
The observations came during the hearing of arguments on a reference relating to barring women of the age group of 10-50 years from entering the Sabarimala temple. It was contended that the practice was an "essential and integral" part of a religious denomination.
The court said irrespective of the submissions that Lord Ayyappa of the Sabarimala temple has "celibate character", it cannot remain "oblivious" of the fact that the entry of women in the age group of 10-50 was barred on "physiological ground" of menstruation.
The court termed as "impressive" the submissions made by advocate Sai Deepak, appearing for People for Dharma and NGO Chetna that Lord Ayyapa being a "juristic person" has the right to preserve his "brahmacharya" (celibate) character under the Constitution.
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