The Left Government in Kerala, in a significant step, has conveyed to the Supreme Court that women of all ages should be allowed into the famous Sabarimala temple breaking the century-old tradition of barring women of menstrual age from entering the hill shrine.
The state government made this position clear while the SC was hearing a public interest litigation filed in 2006 by a non-profit body Indian Young Lawyers Association, seeking entry for all women and girls to the Lord Ayyappa temple.
This stand taken by the LDF government reverses that of the previous Congress-led UDF government.
The Travancore Devaswom Board, which is responsible for the upkeep of the temple, has been steadfastly opposing the demand on the ground that it will break the age-old traditions observed in the temple where the deity is an “eternal celibate.'”
After hearing the position of the state government, the three-judge bench, led by justice Dipak Misra, said that it would consider referring the case to a larger constitution bench. A constitution bench comprises five or more judges and hears cases that require interpretation of the Constitution.
The case will be heard next on February 20.
The LDF government had in 2007 said that women should not be stopped from entering the shrine but that stand changed when the Congress-led UDF was in charge. In 2014, the UDF government said there was a "mistake" in the earlier government affidavit and said women cannot be permitted in the temple because of the deity's celibacy vows.
The LDF, which returned to power earlier this year, said on Monday that its 2007 view stands. The court, however, has to consider the argument of the Devaswom Board, which says a document once submitted in court cannot be altered at the convenience of the party in power.
Senior advocate K.K. Venugopal, appearing for the temple trust, told the apex court that the issue needs to be examined against the constitutional freedom to manage religious affairs.
The Supreme Court had earlier said that refusing entry to women to a public religious place is a violation of rights. On January 11, the court had questioned the ban, saying this cannot be done under the Constitution. “The temple cannot prohibit entry (of women), except on the basis of religion. Unless you have a constitutional right, you cannot prohibit entry,” it had said.
