The Supreme Court on Friday ordered that women, irrespective of their age, can enter the Sabrimala Temple in Kerala.
Women said to be of menstrual age — from 10 to 50 years — were prevented from entering the temple as the presiding deity, Lord Ayyappa, is said to be celibate.
A five-judge constitution bench headed by Chief Justice of India Dipak Misra, said that the provisions of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 – which had authorised this restriction – violated the right of Hindu women to practice religion.
The bench also comprised Justices RF Nariman, AM Khanwilker, DY Chandrachud and Indu Malhotra. A majority of the constitution bench said that the ban could not be treated as essential religious practice and that patriarchy in religion cannot be allowed to supersede the right to pray. The only judge to have a dissenting judgment was Justice Indu Malhotra.
A number of petitions had challenged the ban, upheld by the Kerala High Court. The Kerala High Court had said that only the priest had the power to decide on the traditions. But petitioners had argued that the tradition was discriminatory in nature and deprived women on their right to pray at the place of their choice.
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