SC says Sabarimala tradition age-old, declines women's plea


New Delhi, Dec 13 (IANS): The Supreme Court Friday declined to pass an order on a plea by two women -- Bindu and Fathima -- to allow them entry into the Sabarimala temple.

A bench headed by Chief Justice S. A. Bobde and comprising Justices Surya Kant and B.R. Gavai said: "We will endeavour to constitute a seven-judge bench at the earliest, and these matters would be taken up after the decision of this bench.

"Every woman who wants to go, must go. But, the situation in the country becomes explosive, we don't want any violence. There is a judgement, but it is not the last word on the issue", said the Chief Justice.

In September 2018, the apex court in a verdict allowed the women of all age groups to enter the Sabarimala temple. In November 2019, a five-judge bench headed by then Chief Justice Ranjan Gogoi referred the matter to a larger bench to examine the matter and also clubbed the issues on the entry of women in the religious places of other religions.

"The issue there is a judgement, there is equally no doubt issue for larger bench to look into it. Situation today has been there for thousands of years, but no order today", said the Chief Justice.

Senior advocate Indira Jaising, representing Bindu, contended before the court: "We are all here to avoid violence, this country based on the foundation of non-violence, we do not encourage violence.

"My client is a Dalit and Hindu woman, and she had entered the temple, as she is a believer", said Jaising citing November 2018 judgement, which has not been stayed yet. The Chief Justice replied: "The judgement is not the final word."

The Chief Justice said that the judgement is in petitoner's favour and this is not a situation where somebody's private rights are involved and also nobody's right to life taken away either.

"It is very emotive issue, let the matter go to the larger bench", said the Chief Justice reiterating that the court is exercising its discretion to not pass the order on Friday in petitioner's favour.

"We are telling this after considering the impact of the case", said the Chief Justice. "We are passing no order, if they (temple authorities) happily welcome you to the temple, then we have no difficulty", added Chief Justice.

The Chief Justice said that he will endeavour to constitute the larger bench at the earliest and also list the review petition before this bench.

The court observed that Bindu will continue to get security until further orders.

 

  

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Comment on this article

  • Venu P, Vaikom

    Fri, Dec 13 2019

    With due respect it is stated that there is no basis at all for the remarks attributed to the Hon'ble Chief Justice that "it is a practice that has been going on for thousands of years........... " . It is in living memory that women of all ages used to Sabarimala, except during the peak seasons of "Mandalam" and "Makara Vilakku", probably because of the ban order issued by the Devaswom Board. This writer has the first hand knowledge that his "peramma" (mother's elder sister) had gone to the temple in 1958 for the "chorunu" (rice feeding ceremony) of her son (this ceremony is conducted when the child of six months or so). It is matter of common knowledge that even the young women of the Royal Household of the State of Travancore used to visit the temple for similar ceremonies.



    Things took a decisive turn when the Kerala High Court, in 1991, issued direction to the Kerala Government to use police force to prevent the entry of women in the menstruating age. Incidentally, the petitioner Mahendran had approached the Court on the reports in the news papers of the daughter of the then Devaswom Commissioner had visited the temple for the "chorunu" of her child!

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  • anthony, Mangalore

    Fri, Dec 13 2019

    Visible signs of a U Turn on the path of the Supreme Court. The earlier Judgement was passed by a Division Bench of five Judges including the ex Chief Justice and the only lady judge in this bench disagreed with the majority view of other four Judges that women should be permitted in the Sabarimala temple.

    In the last hearing when the matter was referred to a seven man judge, no stay was given on the earlier Judgement of permitting women to have rights of access to the temple.

    The present Chief Justice in denying these women entry is only strengthning the view that the Supreme Court is hesitating to assert its authority.

    DisAgree Agree [1] Reply Report Abuse

  • David Pais, Mangalore

    Fri, Dec 13 2019

    justice should b equal 2 both da genders. traditions r man made, not da gods made. traditions can b broken 2 pave da way 4 worshiping God.

    DisAgree [14] Agree [4] Reply Report Abuse

  • Jhanavi, Mangalore

    Fri, Dec 13 2019

    I think this is the matter solely depends on Hindus and no one should interfere as there is no question of harming anyone in this case . This is our religious belief.. there are many other temples where women can enter without any issues... This is the tradition followed from 1000 years and let it continue.. it does not harm any women as such... and people who comment above plz look into your religious issues which are prevailing . its best you solve your religious matters first and then enter to these issues

    DisAgree [2] Agree [4] Reply Report Abuse

  • David Pais, Mangalore

    Fri, Dec 13 2019

    u need civil code equal & u don't want gender equality????????? when will u open your eyes to c & hear in your ear???????? r not men & women equal with God worship any where & everywhere?????????

    DisAgree [2] Agree [1] Reply Report Abuse

  • Indian, India

    Fri, Dec 13 2019

    Tradition only for hindus??? What about other religions??? Is this SC or nagpur office??

    DisAgree [10] Agree [8] Reply Report Abuse

  • Ahmed, Bangalore

    Fri, Dec 13 2019

    It's not SC it's Nagpur office. When it comes to Muslims it's gender equality and for Hindus it's age old tradition. Indian judiciary lost its credibility and honesty

    DisAgree [8] Agree [6] Reply Report Abuse

  • francis, Mangalore

    Fri, Dec 13 2019

    matter is still in court...
    wait for the verdict...

    DisAgree Agree [3] Reply Report Abuse


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