Kerala takes U-turn in SC; favours women inside Sabarimala


New Delhi, Nov 7 (PTI): In a U-turn, the Left Democratic Front (LDF) government of Kerala today informed the Supreme Court that it favoured the entry of women of all age groups in the historic Sabarimala temple in the state.

The counsel for the state government, which had earlier supported the ban on women's entry in the temple in its additional affidavit filed in July this year, told the apex court it will now go by its original response filed in 2007 favouring entry of women in the temple premises.

Initially, the LDF government had taken a progressive stand in 2007 by favouring women's entry in the temple, which was over-turned by the Congress-led United Democratic Front dispensation later.

However, the UDF, before losing power to the LDF this year, had taken a view that it was against the entry of women of the age group of 10-to-50 years into the temple as such a practice was being followed since time immemorial.

"On being asked as to what is the stand of the state, senior advocate Gupta states that the state intends to place reliance on its original affidavit (2007) and not on additional affidavit...women of any age group should not be debarred from entry into the temple to worship the deity," a bench comprising Justices Dipak Misra, R Banumathi and Ashok Bhushan said.

The bench also recorded the submission of senior advocate K K Venugopal, appearing for the Travancore Devaswom Board which manages the hill-top shrine, that the state cannot afford to alter its stand as per their convenience.

The bench, which has now fixed the matter for hearing on February 13 next year, said the stand of the government is not the final one as it will take a decision after deliberating upon various aspects including the constitutional provisions with regard to gender equality.

"Can a woman, because of the biological phenomenon, be debarred from entring into the temple. Can there be a prohibition in law...she may or may not go to the temple, it is her choice," the bench observed.

The apex court had on July 11 indicated that it may refer to a five-judge constitution bench the issue of the centuries -old practice of barring entry of women between 10 and 50 years of age in the historic Sabarimala temple, saying it pertains to violation of fundamental rights.

The apex court had observed that women are conferred rights under the Constitution and it would pass a detailed order in case the matter is referred to a five-judge constitution bench.

It had remarked: "a temple is a public religious place. You cannot refuse entry to a woman who comes there ... It violates the rights of women. We understand the seriousness of issue. Every right needs to be balanced but every balancing has its own limitations...".

The apex court had earlier questioned the practice of barring entry of women to Sabarimala temple, saying it would test whether "faith and belief" can differentiate among persons of same denomination.

The management of the Sabarimala temple, located on a hilltop in the Western Ghats of Pathanamthitta district, had earlier 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.

  

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Comment on this article

  • Mohammed, Kundapur/Qatar

    Mon, Nov 07 2016

    Thank God, no one from Other Community Interfere in this Matter, like Some Sick Minded People Crying for Other Communities Women's Belief instead of Correcting their Own...
    It's your Right and Belief, you can Follow as per your Scripts and Tradition, but Please do not Interfere in Others Matter...
    I can see here People who were very much Concerned for MUSLIM Personal law, now Defending...

    DisAgree [11] Agree Reply Report Abuse

  • Sachidanand Shetty, Dubai/Mundkur

    Tue, Nov 08 2016

    Dear Mohd...you are wrong and terribly mistaken too.... We all press for Common Civil Code.... Wherein every individual has equal rights irrespective of their religion, cast or sect!!!! There are some shrines where purity should be maintained too....there is a reason why Shabarimala rule is being followed. We can try what if this rule is not followed?

    DisAgree Agree [2] Reply Report Abuse

  • j.anata, Mangaluru / Qatar

    Mon, Nov 07 2016

    Sabarimala is a sacred Hindu Temple visited by Lakhs of male pilgrims who undertake severe penance wherein abstinence from females main vow.

    Making females between 10 & 50 enter the temple precincts is akin to sacrilege. Please abstain from this

    DisAgree [11] Agree [10] Reply Report Abuse

  • Flavian, Mangaluru/Kuwait

    Mon, Nov 07 2016

    Shankar,

    Please do not drag the subject on religion and the religious virtues. Different communities have different ethics and religious beliefs. Better not to mix up.
    Rest I leave up to Madam Lydia. She has full potentials to reply.

    DisAgree [13] Agree [12] Reply Report Abuse

  • KK, Mangalore

    Mon, Nov 07 2016

    totally Agree, when some one comment on our belief then we remember" Different communities have different rules "but this word forgotten when we comment on other beliefs why?

    DisAgree [1] Agree [8] Reply Report Abuse

  • Shankar, Mangalore

    Mon, Nov 07 2016

    Flavian,
    No one is serious. It is a friendly discussion. That is all.
    please do join.

    DisAgree [1] Agree [14] Reply Report Abuse

  • JOY CASTELINO, MOODUBELLE/DUBAI

    Mon, Nov 07 2016

    Hindu Religion is based on traditions & beliefs. Breaking the traditions & entering the temple, what benefit women will get, only court & these women activists will know!!!!!!

    DisAgree [5] Agree [12] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Mon, Nov 07 2016

    Power of Education ...

    DisAgree [22] Agree [13] Reply Report Abuse

  • Shankar, Mangalore

    Mon, Nov 07 2016

    It has nothing to do with education.
    Highly educated Christians reiterated recently that no women can become a priest!!

    DisAgree [10] Agree [37] Reply Report Abuse

  • Lydia Lobo, Kadri

    Mon, Nov 07 2016

    Shankar,

    Why are you mixing up Christian and Hindu way of worship ? I made it clear earlier that in Hindu worship purity/impurity is of supreme importance which isn't an issue at all in Christian worship. At the same time, though Christina women are not priests, they are not barred from entering most sacred area of the Church but In Hinduism Garbha Gudi is not permitted even to men of lower caste.

    Do compare, there are many varieties in apples - if you compare apple with cashew, many in the world has only seen the nut, never the fruit !

    DisAgree [24] Agree [19] Reply Report Abuse

  • Shankar, Mangalore

    Mon, Nov 07 2016

    Lydia,
    I see both cases with no difference. Both practices are nothing but the display of male dominance over female.
    In Shabarimale, an attempt is made to substantiate the current practice by citing purity, impurity (nonsense).
    But the Pope has given a verdict without even giving any reasons. That was rude.

    DisAgree [10] Agree [19] Report Abuse

  • RS, Mangalore

    Mon, Nov 07 2016

    you talk apple,cashew now but never hesitate when making fruit salad of others beliefs !

    DisAgree [6] Agree [9] Report Abuse

  • Lydia Lobo, Kadri

    Mon, Nov 07 2016

    Shankar,

    I have clearly explained as to why I agree with the Pope. Viewing it in a feminist point of view, I should have opposed but I didn't, with an explanation which is my personal one. However, purity/impurity reasoning cannot be with Christianity because I, being a woman have reached upto the most sacred arena and today young girls continue to serve on the altar at par with boys, there is no discrimination. To make it simple, I have relatives went on with pre-arranged marriage rituals despite being in impurity phase which may never happened in your community.

    You have the prerogative to opine in the case of Sabarimala but I would refrain from doing so for obvious reasons. Nevertheless, whether you agree or otherwise, rules of worship vary from community to community.

    DisAgree [6] Agree [3] Report Abuse

  • Lydia Lobo, Kadri

    Mon, Nov 07 2016

    RS,

    Those who hide behind acronym are cowards of top rung. Be a man/woman of human gene and communicate with proper identity.

    DisAgree [6] Agree [1] Report Abuse

  • RS, Mangalore

    Tue, Nov 08 2016

    Lydia Lobo, it doesn't matter if hide or unhide your identity .. all maters how you respect others belief and feelings in that sense i am better then the persons who revel their identity i guess!

    DisAgree [1] Agree [5] Report Abuse

  • Valerian D Souza, Udupi / Mumbai

    Mon, Nov 07 2016

    Priesthood is a calling to Men like Nuns to Women.
    No way it is gender bias.
    In Christianity both genders are treated fairly.
    Allocation of work may be different to each gender, but it doesn't mean gender bias.
    In Christians, I don't know elsewhere, In India Females out number Males.
    Because we accept Children be it Male or female as will of God, Fruit of Love.
    If first child is a Male, there may be preference for a Female child or vice versa again it doesn't mean gender bias.
    In these matters, we accept them as will of God in our lives.

    DisAgree [6] Agree [2] Reply Report Abuse

  • KRPrabhu, Kudla/Bangalore

    Mon, Nov 07 2016

    Dear Shankar, you made a very pertinent point...
    Where are those women org leaders?

    DisAgree [5] Agree [9] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Mon, Nov 07 2016

    Shankar,
    With your limited knowledge can you tell me who is more powerful Christian Saint or Christian Priest ...

    DisAgree [6] Agree [2] Reply Report Abuse

  • Shankar, Mangalore

    Tue, Nov 08 2016

    With my 'limited' knowledge, I know that it is the priest (Holy Vicar of Christ) who canonize a person.
    Pope Francis did it to Mother Theresa(St.Mother Theresa).

    Now you tell me who is more powerful.

    DisAgree [1] Agree Report Abuse

  • Ganesh, Bengaluru

    Tue, Nov 08 2016

    Jossey,

    With your lack of knowledge, donot comment on other religion matter.

    DisAgree Agree [3] Report Abuse

  • Shankar, Mangalore

    Mon, Nov 07 2016

    Irony is that the same LDF leaders are against Uniform Civil code!!

    DisAgree [10] Agree [40] Reply Report Abuse

  • Valerian D Souza, Udupi / Mumbai

    Mon, Nov 07 2016

    Uniform Civil Code and Economic Criteria based reservation, is the basis of natural justice, prevalent in most of the advanced countries.
    Such provisions in the constitution no one should oppose. Govt should make its stand firm. Reservation and absence of Uniform Civil Code is one of the main reason for filing of so many cases in court.

    DisAgree [5] Agree [17] Reply Report Abuse


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