NEW DELHI, INDIA, Deccan Chronicle): The Supreme Court on Wednesday reiterated that denial of entry of women between the age of 10 and 50 in Sabarimala Ayyappa temple in Kerala based on custom, faith or tradition cannot defeat the constitutional principles of equality. A three-judge bench comprising Justices Dipak Misra, V. Gopala Gowda and Kurian Joseph was hearing a batch of petitions and applications filed by Indian young Lawyers Association and others challenging the ban on entry of women.
Senior counsel Indira Jaising, appearing for women who are in the menstruation cycle argued that such a ban violated their right to practice religion which includes right of entry and worshiping the Lord. Questioning the contention that women are not allowed as Lord Ayyappa is a Naisthik brahmachari (celibate) and presence of women will affect the Lord’s penance, she said how women can be made victims if celibacy is to be disturbed.
Justice Misra told the counsel, “They (temple) have developed a custom and tradition being followed to maintain purity of the temple. But the question is whether physiological phenomenon can be a guiding factor to deny entry a class of women within the class of females.” Justice Kurian Joseph pointed out to the counsel that the temple is an institution and what they say is the status of the deity as Brahmachari has to be protected.
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