On Tuesday, in a hearing on the case of the ban on woman in the Sabarimala Ayyappa temple of Kerala, the apex court ordered the Travancore Devaswom Board responsible for management of the shrine to prove that the age-old ban was an “essential and integral part of the religious faith”.
The court also said that it is ready to entertain similar cases in other religions where gender discrimination is practised. Supreme Court said that the religious authorities have to prove that the barring of women is integral to their respective religions. This reply was in regard to the Travancore Board’s challenge to the court asking whether it will direct the same to other religions who follow discrimination in their practices.
Sabarimala Ayyappa temple forbids the entry of women in the age group between 10 to 50, the menstrual age of women. A bench constituting of CJI Dipak Misra and Justices Indu Malhotra, A M Khanwilkar, D Y Chandrachud and RF Nariman said, “The moment anyone comes to the court and points out that her/his fundamental right has been violated because of a discriminatory practice, the onus shifts on the institution which practises this allegedly discriminatory practice to shore up evidence to defend the practice as integral to their religion. The problem is that women are being barred only because of their physiological character during a certain age group”, reported TOI.
The court also said that the discrimination portrays patriarchy and chauvinism of the religion towards its women.
A. M. Singhvi, a senior advocate who is representing the Board defended the ban and said, “Prohibition is not because of male chauvinism. It is linked to the penance and character of the deity. Women accept the prohibition. It is not imposed on them”. He also said that there are several temples where men are not allowed, so this is not about gender discrimination.
To this, the court replied that because women are always made to believe that they are not allowed in the temple that they follow this practice. This is the reason why women willingly follow these unequal and discriminatory practices.
The senior advocate favoured the ban and said in the court, “It is a matter of faith and belief of Sabarimala followers. This custom has been in vogue uninterruptedly for decades and hence protected by the fundamental right of members of the denomination. There are several such practices in other Hindu and non-Hindu religious places, which a progressive modern mind would not approve of. But they are protected under Article 26 of Constitution.”
Supreme Court remarked that the ban on women’s entry in the shrine is against “constitutional morality”, reported Live Law.