Why does Sabarimala discriminate against women, when Vedas don't: Supreme Court

New Delhi: The Supreme Court on Friday decided to examine the bar on entry of women between the age of 10 and 50 in Sabarimala Ayyappa temple on constitutional principles and appointed two senior advocates, K. Ramamurthi, retired judge of Delhi High Court and Raju Ramachandran as amicus curiae to assist the court in this case.  

A three-judge bench comprising Justices Dipak Misra, Pinaki C. Ghose and N.V. Ramana prima facie found that Hindu religion particularly sanathana dharma, Vedas, Upanishads  and scriptures like Bhagavad Gita does not discriminate between man and woman. The bench observed that it will examine whether total prohibition on entry of women between the age of 10 and 50 is permissible and whether such discrimination is viloative of right to equality under Article 14.

The Bench said it will strike a balance between right to equality and right to religious practices and freedom under Articles 25 and 26 of the Constitution which guarantees freedom of religion to every individual.

The bench however, refused to stay a 1990 judgment of Kerala High Court which had upheld the practice of restricting the entry of women devotees into the temple whose deity is regarded as “Naisthik Bramachari” (celibate).

Senior counsel K K Venugopal appearing for the Devaswom Board said for several centuries, traditionally it has been a practice in the temple located in a forest notified area to restrict the entry of women who are in the age group of 10-50 years as the deity Lord Ayyappa is a “Naisthik brahmachari” celibate. He said male devotees take a vow of celibacy for 42 days, avoid smoking and liquor and walk barefoot through the jungles to perform pooja.

Justice Misra asked the counsel “Is it (the ban) so intricately fundamental for religion as envisaged by the Constitution? Is Spirituality singularly in the domain of men and women? Are women incapable of attaining the spirituality in the spiritual sense.”

Venugopal argued that the tradition has been going on for centuries and there were several books and research work to support the belief and tradition.

Justice Misra asked “If you go by the concept of dominion and cult, can the cult culture make a discrimination between a man and woman? Cult culture is a core group culture, whereas, religion in the sense of religion does not have core cult. Particularly as per Santana dharma men and women are treated equally. If you understand Vedas and Upanishads, I don’t think there is any discrimination. Discrimination between man and woman has only cropped up historically. This type of discrimination comes historically. We have to realise that during the pre-historic time where is the discrimination?”

Senior counsel K. Parasaran, appearing for Nair Society, one of the intervenors, said Sabaraimala was a  unique temple where other than Hindus, Christians, Muslims and even foreigners are allowed entry. But as per the custom and long tradition, women in the age of 10 to 50 are not allowed and manifestation of God in this temple is a celibate. The bench posted the matter for further hearing on April 11 to enable the board and others to file documents relating to the historical religious practice being followed in the temple.