Court cannot disturb ancient practice, Abhishek Manu Singhvi tells Supreme Court
After reading out the historical evidence through texts, he submitted that the documents suggest that there is a practice on the basis of belief.
New Delhi: The Travancore Devaswom Board on Tuesday asserted that the practice of permitting only very young and old women to Sabarimala temple is there since antiquity and the Supreme Court should not venture to disturb it based on no material or notions.
Senior counsel Abhishek Manu Singhvi, appearing for the Board made this submission before a five Judge Constitution Bench comprising the Chief Justice Dipak Misra and Justices Rohinton nariman, A.M. Kanwilkar, D.Y. Chandrachud and Ms. Indu Malhotra hearing a batch of petitions challenging the ban on entry of women between 10 and 50 in the Ayyappa temple.
Even as the CJI reiterated that Board could not impose the 41-day penance condition on women to visit the Sabarimala Ayyappa temple, as it is impossible to be followed, Dr. Singhvi justified the imposition of 41-day penance for both men and women to visit the temple on the ground of custom from time immemorial. Dr. Singhvi told the court: “Either you go for a de novo look into the entire issue or accept the practice with all its variations.
“They cannot unsettle this practice in a writ petition and that too when no one has complained that they were prevented entry into the temple.” He argued that the SC couldn’t decide what is essential religious practice? “Can you unsettle the faith and practice of a core part of a Hindu religious sect?”. After reading out the historical evidence through texts, he submitted that the documents suggest that there is a practice on the basis of belief. “For the Court to disagree with it, a trial must be conducted before the Court can set aside a long-standing essential religious practice,” he added.