By Express News Service
NEW DELHI: On a day when the Supreme Court reserved its verdict on a batch of pleas challenging the ban on entry of women in the age group of 10-50 into the Sabarimala temple in Kerala, the state government on Wednesday told the court that celibate status of deity cannot be a ground to bar women’s entry into the hill shrine.
A five-judge Constitution bench headed by Chief Justice Dipak Misra asked the counsels of both sides to compile the submissions and submit before them within seven days.
As per norms prescribed by the temple board, women aged between 10 and 50 are prohibited from visiting the premises. In January 2016, the court had questioned the ban, saying this cannot be done under the Constitution.
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In the concluding arguments, Kerala government favouring the entry of women in the temple said, “Ayappa temple cannot claim to be a district denomination to claim a custom which bars entry of women. “Banning women is constitutionally not permissible.”
During the hearing, CJI Mishra also observed, “The deity has right to privacy in certain aspect like temple rites, though not in the sense expounded by Puttaswamy judgement (right to privacy).”
Senior advocate Indira Jaising in her final arguments said that, “Court need to strike down every custom and statute that prevent women from entering the temple. Untouchability was a practice and it can’t be confined to traditional meaning. “
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Amicus Currie senior advocate K Ramamoorthy supported the age-old customary practice rooted in ardent religious beliefs associated with the Temple and told the bench, “Ayyappa temple follows religious practice and can’t be tested.”
He further added that impugned practice came in the teeth of Article 14, the obligation under the provision being on the State within the ambit of which the religious institution did not fall.
