New Delhi: Should women of all ages be allowed to enter the famous Sabarimala shrine, where they had been banned for ages? The Supreme Court -- which was hearing a number of petitions challenging the debarment and calling it illegal -- has indicated that it would refer the matter to a five-judge constitution bench. But the order on what issues will be decided by the bench was deferred by the top court today. A three-judge bench hearing the case said it would frame the issues to be debated by the Constitution bench.
Earlier, the top court had said that refusing entry to women to a public religious place is a violation of their rights. Today, the court said, "Whether by barring women's entry into temple will violate fundamental right and equality under Article 14 of the Constitution has to be decided".
The Kerala temple, one of the holiest shrines in India, observes the centuries-old custom of not allowing women between 10 and 50 years inside. While some claim the ban is because women are considered "unclean" during menstruation - an argument that has drawn criticism from most quarters -- others say it is because the temple's deity, Lord Ayyappa, is celibate. The Sabrimala Devasom Board, which manages the temple, argued that the ban is a custom and no court can interfere in religious customs.
The erstwhile Congress government led by Oommen Chandy had said wanted the custom to continue, but the Left government of Pinarayi Vijayan has a different stance.
In 2014, the UDF government said there was a "mistake" in the earlier government affidavits and said women cannot be permitted in the temple because of the deity's celibacy vows. But last November, the LDF government told the court that women of all ages should be allowed into the shrine.
The temple board has argued that a document submitted in court cannot be altered at the convenience of the party in power.
Earlier, the top court had said that refusing entry to women to a public religious place is a violation of their rights. Today, the court said, "Whether by barring women's entry into temple will violate fundamental right and equality under Article 14 of the Constitution has to be decided".
The erstwhile Congress government led by Oommen Chandy had said wanted the custom to continue, but the Left government of Pinarayi Vijayan has a different stance.
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The temple board has argued that a document submitted in court cannot be altered at the convenience of the party in power.
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