The Bombay High Court on Friday said the State was duty-bound to prevent gender discrimination on entry to temples.
A Division Bench of Chief Justice D.H. Waghela and Justice M.S. Sonak told the State that it was its fundamental duty to ensure the fundamental right of women was protected. The court said the State must enforce the law and if the government was not sincerely doing it, “we will take some action.”
The court ordered the State, the Home Minister and the Secretary, Home, to implement the provisions of the Maharashtra Hindu Places of Public Worship (Entry Authorisation) Act, 1956, and direct the Superintendents of Police and the Collectors to ensure compliance.
Acting Advocate-General Rohit Deo said: “The State is against gender discrimin-ation. The State will ensure due compliance with and enforcement of the Act…”
The court said this did not translate into the entry of women. The Acting AG, however, clarified that if a temple did not allow any person, irrespective of their gender, inside the sanctum sanctorum, this Act and its provisions would not be of any help.
“However, if a temple allows men in the sanctum sanctorum but prohibits women, this Act and its provisions can be used.”
The court also said the government should give wide publicity to the Act. The court had earlier stated that any temple or person imposing restrictions could face a six-month jail term under a law and asked the government to make a statement whether it was worried about the sanctity of a deity.
The court was hearing a public interest litigation petition filed by senior advocate Nilima Vartak and activist Vidya Bal challenging the prohibition of entry of women into the Shani Shingnapur temple. The petition seeks the entry of women not just into the temple but also into the sanctum sanctorum.
