Supreme Court begins hearing on women's entry into Sabarimala temple

The Supreme Court on Tuesday began hearing on whether prohibiting the entry of women in Keralas Sabarimala temple on grounds of biological factors was discriminatory and violative of the constitutionArticle 14 guarantees the right to equality Article 15 prohibits discrimination on grounds of religion race caste sex or place of birth and Article 17 abolishes untouchability and forbids its practiceThe constitution bench comprising of Chief Justice Dipak Misra Justice Rohinton Fali Nariman Justice AM Khanwilkar Justice DY Chandrachud and Justice Indu Malhotra will address four questions framed by a three judge bench while referring the matter to a five judge constitution bench on October 13 2017The petitioner the Indian Young Lawyers Association has challenged the 800yearold practice of prohibiting the entry of women into the famed Lord Ayyappan TempleThe PIL has sought direction to the Kerala government the Travancore Devaswom Board Chief Thanthri priest of Sabarimala Temple and the District Magistrate of Pathanamthitta to ensure entry of female devotees between the age group of 1050Appearing for the petitioner counsel Ravi Prakash Gupta told the court the restrictions on the entry of women in Sabarimala temple is not the essence of their religious affairs as discrimination on the entry of women in the temple is neither a ritual nor a ceremony associated with Hindu religionGupta said Mere sight of a woman does not affect anybodys celibacy if one has take oath of it otherwise such oath has no meaningThe constitution bench will examine whether the exclusion of women based on biological factors amounts to discrimination and violates the very core of Articles 14 15 and 17 and not protected by morality as used in Articles 25 and 26 of the ConstitutionIn the coming days the court will hear arguments focusing on whether excluding women in the age group of 1050 years constitutes an essential religious practice under Article 25 and whether a religious institution can assert a claim in that regard under the umbrella of right to manage its own affairs in the matters of religionBesides the court will address the question whether Ayyappa Temple has a denominational character and if it was permissible for religious denomination managed by a statutory board and is funded by the Kerala and Tamil Nadu governments to indulge in practices violating the constitutional principlesmoralityAnother question to be addressed is whether Rule 3 of Kerala Hindu Places of Public Worship Authorisation of Entry Rules permits religious denomination to ban entry of women between the age of 1050 yearsIf Rule 3 permitted the ban on the entry of women in Sabarimala temple then would it not be foul of Articles 14 and 153 which says that nothing in the provision prohibiting discrimination on grounds of religion race caste sex or place of birth shall prevent the state from making any special provision for women and childrenThe constitution bench will also examine whether Rule 3b is ultra vires of the Kerala Hindu Places of Public Worship Authorisation of Entry Act 1965 and if not is it violative of the fundamental rightsThe court on Tuesday asked the petitioner and others to conclude their arguments on WednesdayCatch up on all the latest Crime National International and Hatke news here Also download the new midday Android and iOS apps to get latest updatesThis story has been sourced from a third party syndicated feed agencies Except for the change in the headline the story has been provided ASIS AS AVAILABLE without any verification or editing from our side Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever