The Kerala High Court has scheduled for December 17 the next hearing on petitions filed by aspirants challenging a Travancore Devaswom Board notification that the ‘melshanti’ of Sabarimala and Malikappuram temples must be Malayali Brahmins.
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The counsel for the petitioners pleaded before the Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajith that restricting the eligibility for appointment to Malayali Brahmins was in conflict with constitutional rights and the right to equality that Article 14 assured to each citizen. This must be read with Article 17 that criminalised untouchability, a belief that some people were born pure, while others were impure.
‘No casteism’
He wondered why non-Brahmins, who were experienced and qualified to become ‘melshanti’ were being denied appointment to the post. None should abrogate constitutional values by treating people as unequal on the basis of caste or class. The underlying belief ought to be attacked, especially since superstitious beliefs cannot be considered as an essential part of religion. Moreover, Sabarimala was not a denominational temple and the devaswom’s notification on melshanti appointment was based on a claim that this was in pursuit of a traditional custom/usage. Moreover, the State must not practise casteism, the counsel contended.
Devaswom’s stance
The counsel for the devasom justified the restriction on eligibility for appointment to Malayali Brahmins, as a system that was being followed from time immemorial.
In the December 17 hearing, the court is expected to assess whether the notification stood the test of reasonableness under the Constitution, whether reserving the post for members of a particular community contravened its secular credentials and whether it violated the right to equality assured under Article 14.