New Delhi: The Supreme Court on Wednesday questioned how a non-believer from North India could claim the right to enter the Sabarimala temple. The apex court said that, while deciding issues related to temple entry, it must examine whether the claimant is a devotee or a non-devotee.
A nine-judge Constitution Bench headed by Chief Justice of India Surya Kant made the observation while hearing petitions on alleged discrimination against women at religious places, including the Sabarimala temple in Kerala, and on the scope of religious freedom across faiths.
The Bench also comprised Justices B.V. Nagarathna, M.M. Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B. Varale, R. Mahadevan and Joymalya Bagchi.
Senior advocate Indira Jaising, appearing for Bindu Ammini and Kanakadurga, who support the 2018 judgment, argued that preventing one of the petitioners, a Scheduled Caste woman, from entering the temple would violate Article 17 (abolition of untouchability).
A five-judge Constitution Bench, in a 4:1 majority verdict in September 2018, had lifted the ban on entry of women aged between 10 and 50 years into the Sabarimala Ayyappa temple, holding the centuries-old practice unconstitutional.
Referring to the character of Shabari from the Ramayana, Jaising argued that devotion transcends social barriers. She said the exclusion of women during the 10–50 age group denies them a fundamental right under Article 25(1) and amounts to substantial deprivation.
The court observed that the restriction was based on age, not caste. Justice B.V. Nagarathna questioned who was asserting the right to entry, asking whether it was a devotee or a non-devotee, and noted that such claims must be examined carefully.
She also said that India’s strength lies in its diversity, which is protected under Article 26, and stressed the need to respect denominational practices.
Earlier, the Supreme Court had observed that it is difficult, if not impossible, for courts to define what constitutes essential religious practices.
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