It is the constitutional right of women to enter temples: SC

NC Network, New Delhi

The Supreme Court on Wednesday said women have the constitutional right to enter Sabarimala temple in Kerala and pray like men without being discriminated against.

A five-judge Constitution bench headed by Chief Justice Dipak Misra, which is hearing a petition challenging the decision of the Devaswom board which has  banned the entry of women of age group 10-50 years in the temple, said that even if there was no law, the women cannot be discriminated against with regard to offering prayer in a temple.

"When a man can enter, a woman can also go. What applies to a man, applies to a woman also," the bench also comprising justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra added.

"The right to enter a temple is not dependent on a legislation. It is the constitutional right," the bench stated, adding that this right is enshrined under Article 25 and 26 of the Constitution.

The Supreme court was informed by the Kerala govt that it was in the favour of entry of women of all age groups in the temple.

The bench then referred to the contrary affidavits of the Kerala government which  in 2015 had supported the entry of women but made a U-turn in 2017 and  favoured the temple rules.

The counsel for the Kerala government said that it would go by its first affidavit and support the cause of women.

"You are changing with the changing times," the bench remarked 

Senior advocate Indira Jaising, appearing for one of the intervenors, assailed the practice stated that the ban on the entry of women of certain age groups was violative of various fundamental rights including Article 17 which deals with untouchability.
She also referred to the definition of term Hindu under various statutes and said that the women were discriminated against not on the ground of sex but because of menstruation.

Senior advocate Raju Ramchandran, who is assisting the court as amicus curiae, supported the entry of women into the temple and said that denial of the right to entry of women was a violation of their fundamental rights. 

The hearing on the plea filed by petitioners Indian Young Lawyers Association and others, remained inconclusive and would continue on Thrusday.

The apex court on 13 last year referred this issue to a Constitution bench after framing five "significant" questions including whether the practice of banning entry of women into the temple amounted to discrimination and violated their fundamental rights under the Constitution.

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