The Supreme Court on Monday decided to consider on October 23 when it will hear multiple review petitions filed against its September 28 majority judgment allowing women of all ages entry into the famed Sabarimala temple.
Responding to an oral mentioning to urgently list the petitions, Chief Justice of India Ranjan Gogoi orally observed that the listing of the 19 review petitions would be considered on October 23. The mentioning was made by advocate Mathews J. Nedumpara for the National Ayyappa Devotees Association.
The court had earlier declined to stay the judgment. It had also refused to hear them before as the court had closed for Dussehra holidays on October 12.
The petitions, including the one filed by Shylaja Vijayan, president of the National Ayyappa Devotees Association, has argued that 'reform' does not mean rendering a religious practice out of existence on the basis of a PIL filed by "third parties" who do not believe in the Sabarimala deity. A Constitution Bench of the apex court, in a majority of 4:1, had upheld the 12-year-old PIL filed by Indian Young Lawyers Association challenging the prohibition on women aged between 10 and 50 from undertaking the pilgrimage to Sabarimala temple. The Bench found that a restriction on women solely based on her menstrual status was a smear on her individual dignity. It was like “treating women as the children of a lesser God is to blink at the Constitution”. It was a “form of untouchability” abolished decades ago. The ban on women was derogatory to equal citizenship. The right to practice religion should yield to the right of dignity of women aged between 10 and 50.
The Hindu editorial on Sabarimala
The Nair Service Society, in its review petition, has contended that the court should take judicial notice that an "overwhelmingly large section of women worshippers are supporting the custom of prohibiting entry of females between the age of 10 and 50 years at Sabarimala temple". The lifting of the prohibition at the instance of third parties, in spite of opposition by a large section of women worshippers, is anomalous, the petition said.
A review by Chetna Conscience of Women has argued that a Pandora’s box would be opened if a constitutional court began entertaining petitions which purely pertain to faith, customs, practices and beliefs.
Meanwhile, a separate petition filed by the Akhila Bharatheeya Ayyappa Dharma Prachara Sabha, has asked the apex court to direct the Kerala government and the Travancore Devaswaom Board to bar “non-Hindu” women from trekking up the hill to the Sabarimala temple. The Sabha, represented by advocate V. Usha Nandini, said action should be taken against “erring officials” from using the State machinery to create communal disharmony by promoting non-Hindu women to trek up the hill to the temple.
