Supreme Court refers case of ban on women’s entry into Sabarimala temple to Constitution Bench

 Why it is in news?

• The Supreme Court  referred to a five-judge Constitution Bench the question whether the fundamental right of women to pray at the place of their choice can be discriminated against solely based “on a biological factor exclusive to the female gender.”

Stand of Temple Authorities

• The temple authorities have justified the age-old practice of not allowing women aged between 10 and 50 years into the temple
• They argue that it is founded in tradition.

Questions before constitution Bench

• The Constitution Bench of the Supreme Court will scrutinise the age-old practice in Kerala’s famed Sabarimala temple –
• of restricting entry for women aged between 10 and 50 ( that is, those who are in the menstruating age.)
• It results in the following questions to be decided by the SC
1. How a temple managed by a statutory board ”” the Travancore Devaswom Board ”” and financed out of the Consolidated Fund of Kerala and Tamil Nadu “can indulge in practices violating constitutional principles/ morality.”
2. Whether the practice of excluding such women constitutes an “essential religious practice.”
3. Whether a religious institution can exclude women as part of its right to manage its own affairs in matters of religion.

1. Whether a temple managed by a statutory board can ‘indulge’ in the practice of banning women from entry on moral grounds.
2. Whether Rule 3 (b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 allows a ‘religious denomination’ to ban entry of women between the age of 10 to 50 years.
3. If so, does this amount to discrimination and violation of the fundamental rights to equality and gender justice.
4. Whether Rule 3(b) is ultra vires the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 and violative of the fundamental rights. 

About Practice at Sabarimala

• The Sabarimala temple restricts women aged between 10 and 50 from taking the pilgrimage to Sabarimala ”“ which means women are banned from even making the arduous trek to the shrine.
• The restriction finds its source in the legend that the Sabarimala temple deity ”“ Swami Ayyappa ”“ is a ‘Naishtika Brahmachari’ ”“ and should not be disturbed.
• A 1991 Kerala High Court judgment supports the restriction imposed on women devotees. It had found that the restriction was in place since time immemorial and not discriminatory to the Constitution.