Constitution Bench to hear denial of permission to women in Sabarimala
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The Supreme Court of India has designated a Constitution Bench to hear the case relating to denial of permission to women to enter the sanctum sanctorum of the renowned Sabarimala Temple in Kerala.
The abode of Lord Aiyappa in Sabarimala has denied permission to girls and women from 10 to 50 years of age stating that the sanctum sanctorum shouldn’t get polluted by the menstrual discharges which are common in girls/women in this age group. A forum of young advocates of Kerala had moved the apex Court requesting it to grant permission for women of all age to enter the temple for darshan.
The case had been going on for the past ten years. A Bench comprising Chief Justice of India Dipak Misra, Justice Banumathi and Justice Ashok Bhushan transferred the case to a Constitution Bench comprising 5 Judges after posing plenty of questions for the temple administration to ponder. Following are the questions raised by the Court:
• Shall we permit the ritual of not allowing girls/women of 10-50 years of age?
• Are physical factors alone necessary to deny women entry into the temple?
• Does it not (denial permission) amount to breaching women’s rights provided by the Constitution of India?
• Can’t the act of regularizing the ban on women from entering the temple be taken as breaching their individual liberties?
• Rules 3(B0 of Kerala Hindu Religious Worship Rules allow women from entering temple; does it violate Rule 14 in this regard?
• The Kerala High Court had ruled in 1991 that the ban on women from entering the temple would stay. Should the Court take up the issue again?
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