Sabarimala case: Will it be an out-of-court settlement finally?

Even as the debate over the entry of women between the age of 10 and 50 to Sabarimala rages on, there is a consensus of sorts emerging that the issue should be settled out of the court amicably, with both sides compromising on their stated positions.

Apparently, the idea floating around is to allow women of all ages to enter Sabarimala during the off-season (February to mid November), and continue with the practice of not allowing women—aged between 10 and 50—to enter the temple during the mandala season (mid November to mid January), when men take the 41-day penance before the pilgrimage to Sabarimala.

Said a member of the tantri’s (supreme priest) family to THE WEEK, on conditions of anonymity, “We may not have any problem in women entering the temple during the off-season. It needs to be taught. But, for now, that is the last resort we have. If the verdict is not in our favour, and the apex court allows women of all ages to enter Sabarimala, we will present such a scenario to the honourable court and hope it puts an end to the issue.”

The person added that there was too much focus, unfortunately, on menstruation. “Unnecessary comments were made by some people—like to scan women before they enter the temple, which should have been avoided.

“The stress, in the first place, should have been on the practical difficulties for women entering Sabarimala during mandala season and to protect tradition. Lord Ayyappa, the presiding deity, is a Naishtika Brahmachari [eternal celibate] and devotees who worship him during the mandala season should appear to be brahmacharis.”

The former chief of Travancore Devaswom Board (TDB), Prayar Gopalakrishnan, had, in 2015, said that purity checking machines should be invented to check if it was the right time or not (menstruating or not) for women to enter Sabarimala. This led to widespread protests and further triggered the controversy. The TDB is the body that runs the day-to-day affairs at the temple. Gopalakrishnan said he was misinterpreted. “The problem in Kerala is that Hindus are not united. I expected many Hindus to come out on to the streets and raise their voice, but that is not happening. Hindus themselves are divided on the issue. I hope the Supreme Court will be sensitive in the Sabarimala case like it did at the time of the Jallikattu verdict,” he told THE WEEK.

When asked if he is okay with women entering Sabarimala during the off-season, Gopalakrishnan said, for now, he wants the custom of not allowing women who menstruate to enter the temple, to continue every month.

Said Union Minister Sadananda Gowda to THE WEEK, “The Supreme Court has already made it clear that it favours women of all ages enter Sabarimala. It is a matter of few days before the final verdict is out. We need to respect the final verdict and move ahead cautiously.”

Many Hindu women in Kerala, who are educated and follow matriarchal practices, accept the interdiction at Sabarimala, out of respect for the age-old customs and traditions.

Said Kadakampally Surendran, Kerala devaswon minister, to THE WEEK, “The government wants women of all ages to enter Sabarimala Temple, both during the off season and mandala season. I am not aware of any consensus or settlement being made on the issue. At least the government is not involved in it. Let the final verdict come. We will implement any order that the apex court passes.”

Addressing the Constitution bench led by Chief Justice Dipak Misra, senior advocate K. Parasaran said Article 15 (2) of the Constitution says no citizens should be barred access to public places mentioned in the Article. “But, there is no mention of religious institutions in the list,” he said. Parasaran was opposing the bench’s remarks that Sabarimala was a public place and women could not be stopped from coming there.

On July 26, the Supreme Court said that regardless of the arguments that Lord Ayyappa of the Sabarimala Temple has “celibate character”, it could not remain “oblivious” to the fact that women between 10 and 50 were barred from entering the temple on the “physiological ground” of menstruation.

Some Hindu organisations have called for a dawn-to-dusk hartal in Kerala on July 30. They want the state government to change its stand on the issue and have threatened to stop women from entering Sabarimala even if the court allowed them to visit.

When asked if she was okay with allowing women to Sabarimala during the off-season, Aswathi Thirunal Gowri Lakshmi Bayi of the Travancore royal family said she will not take a call on it. “If so, it will be taken as per my views. I have my views, but I will not disclose it,” she said to THE WEEK. “How I hope there was a referendum or something among Hindus in Kerala on the Sabarimala issue. From what I gather, most Hindus in Kerala want the tradition to be preserved in Sabarimala. Finally, the might of Lord Ayyappa will prevail.”

Interestingly, many BJP leaders in Kerala support the entry of women of all ages into Sabarimala. In a post on Facebook some years ago, senior leader K. Surendran said, “What is important is being pure mentally and physically during the time of darshan. A lot of people ask how women can do 41 days fast as their menstruation cycle will break the fast…. Isn’t menstruation nature’s law? Hinduism has always evolved with time. The Hindu community has always accepted logical arguments.”

Customs at Sabarimala will change with changing times, said BJP’s state general secretary M.T. Ramesh to THE WEEK. “But political parties should not meddle in it. The BJP in Kerala will never take a stand on the Sabarimala issue. It is the devotees, Hindu organisations and the temple authorities that have to take a stand on it. Hinduism is always open to changes, but it should not be forced upon us. I am sure the Supeme Court will take a favourable stand on the issue. Any decision that the apex court takes should be abided by and respected by one and all.”