Kerala supports ban on women's entry at Sabrimala temple


New Delhi, Feb 6 (PTI): The Kerala government has told the Supreme Court that banning entry of women of menstrual age in historic Sabarimala temple in the state, is a "matter of religion" and it is duty bound to "protect the right to practice the religion of these devotees".

In an affidavit, the state government said administration of the temple vests with the Travancore Devaswom Board under the Travancore-Cochin Hindu Religious Institutions Act and the decision of the priests is final in the matter of worship.

"In the context of Sabarimala, the administration vests with the Travancore Devaswom Board under the provisions of the Travancore-Cochin Hindu Religious Institutions Act, 1950.

"Under the Act, there is a statutory duty cast on the Board to arrange worship in temples in accordance with the usage. Therefore, in matters of religion, it is the opinion of the priests that is final," the affidavit filed by state chief secretary Jiji Thomson said.

A bench of Justices Dipak Misra and N V Ramana would take up the matter on February 8.

The Congress-led UDF government, while withdrawing the affidavit filed earlier in the apex court by the previous LDF government in November 2007 supporting entry of women into this temple, said, "the restriction on women between the age of 10 and 50 has been prevailing in Sabarimala from time immemorial. This is in keeping with the unique 'pratishta sangalp' or idol concept of the temple."

"The same is an essential and integral part of the right of practice of religion of a devotee and comes under the protective guarantee of the Constitution under Articles 25 and 26 which have been held to contain guarantee for rituals, observances, ceremonies and modes of worship which are an integral part of religion," it said.

Urging the court to dismiss the PIL filed by Indian Young Lawyers' Association, the affidavit said, "the present petition which seeks to change the beliefs and customs of crores of devotees by judicial process is wholly misplaced and liable to be dismissed".

It added that the state government is "duty bound to protect the right to practice the religion of these devotees".

The government also said "the right to exclude persons who are not allowed to participate in worship according to the tenets of the religious institution in question is a matter of religion" and such essential or integral parts of religion are "immune" from challenge under Article 14 (right to equality).

"Since the deity is in the form of Naisthik Brahmachari, it is believed that young women should not offer worship in the temple so that even the slightest deviation from celibacy and austerity observed by the deity is not caused in the presence of such women," the affidavit said.

The previous government had supported entry of women in the hilltop shrine saying, "it is not fair to deny a section of women from entering Sabarimala temple". It had also favoured appointment of a commission of scholars to facilitate the change.

The present government, however, said the previous stand favouring a change had no legal basis and that it wanted to rectify the "mistakes" by withdrawing the stand taken in 2007.

The affidavit was filed on a PIL by the association seeking entry for all women and girls in the Sabarimala temple which, as a practice, does not allow girls after attaining puberty to enter the premises. However, women, who have crossed menopause, are allowed.

On January 11, the bench had questioned the tradition of banning entry of women of menstrual age group in the temple, saying it cannot be done under the Constitution.

The bench had also asked why women cannot be allowed inside and whether the government was sure that women have not entered the temple premises in the last 1,500 years. It had observed that it was a public temple and everyone needed to have "the right to access".

  

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Comment on this article

  • Vincent Rodrigues, Promenade Road,Frazer Town,B'lore

    Sun, Feb 07 2016

    Since this custom is followed since the inception of the temple,the government is not for in changing now.

    DisAgree [3] Agree [3] Reply Report Abuse

  • Sheethal, Mangalore

    Sun, Feb 07 2016

    Was checking on the comments and see that all the people who are sad of this practice are from one particular community!!! i am so happy that they have the best religious practices in the world which no one can question!!

    At least on this issue there is a consensus between the two other major religious groups and i am happy about that.

    I do not understand why people are so happy to pass comments on others practice it is for them to believe.. you dont have to bother or interfere? after all you dont have to follow it dont be sad for it.. rather clean up or change practices of your own believes..

    What if we point out at your practices or beliefs will you tolerate it?

    DisAgree [6] Agree [4] Reply Report Abuse

  • P. Shirish Kumar, Mangalore

    Sun, Feb 07 2016

    Sheetal you are 100% right. Here people have the dirty habit of poking their nose every where.

    Let them mind their own business.

    DisAgree [5] Agree [4] Reply Report Abuse

  • Zeitgeist, Mangalore

    Sun, Feb 07 2016

    I want to tell that, anybody posting comments regarding this article against the court ruling have to be atheist. If you people are not then most of you have not read/understood whats written in your own holy books.

    DisAgree [2] Agree [2] Reply Report Abuse

  • Flavian, Mangaluru/Kuwait

    Sun, Feb 07 2016

    All such culture, traditions, faiths and beliefs were being made by humans. These are Century old practices and to come out of the Nut cell is like rebelling against God for the preachers and pundits of temple. In the eyes of God man/woman are equal but not for the Hindu Religion heads. How and when such practices will be broken, only time will tell.
    “State government said administration of the temple vests with the Travancore Devaswom Board under the Travancore-Cochin Hindu Religious Institutions Act and the decision of the priests are final in the matter of worship”

    DisAgree [2] Agree [4] Reply Report Abuse

  • Zeitgeist, Mangalore

    Sun, Feb 07 2016

    Flavian,

    Sorry to burst your bubble, but men and women are not equal in many religions, that includes your own.

    DisAgree [3] Agree [1] Reply Report Abuse

  • P. Shirish Kumar, Mangalore

    Sun, Feb 07 2016

    Mr.Flavian, before commenting on other religion, please improve your GK.

    Don't try to teach other religion, better follow yours.

    Hinduism is the oldest religion having good culture & traditional values. They know what is right whats wrong.

    There is a reason for every decision.

    If we are not following our religion, respecting our tradition & enjoying pour culture then there won't be any peace in this world.

    Due to our rich tradition & culture olden days people had much more peaceful life than now.

    If we neglect our Tradition & culture then the day will come like whats happening in the Arab nations now.

    So stop poking your nose everywhere.

    DisAgree [4] Agree [3] Reply Report Abuse

  • Santan mascarenhas, Kinnigoli/Mumbai

    Sun, Feb 07 2016

    One Mrinaline Patel wrote in NDTV "Women are not slippers to be left outside the temples while men go inside." Among these Indian Young Lawyers Association have 5 young Hindu woman lawyers. Muslim women have also gone to HC in connection with Haji Ali.

    DisAgree [2] Agree [11] Reply Report Abuse

  • Zeitgeist, Mangalore

    Sun, Feb 07 2016

    Santan mascarenhas,

    If a religious rule dictates certain rules then those are to be followed by its followers. If certain group (here women) are insulted by these rules the why follow that religion. Join or create another religion that grants you those rules.

    DisAgree [2] Agree [3] Reply Report Abuse

  • Sachidanand Shetty, Mundkur/Dubai

    Sun, Feb 07 2016

    Best way to control this kind of menace that pass an order saying that all women should visit Sabarimala once in their life time compulsorily else they can’t wear any Gold ornaments and then you see the outcome!!!! There will be two topics of opposition, firstly they would say we will not visit Sabarimala at any cost and secondly they strongly oppose to forego wearing Gold ornaments!!!!

    DisAgree [4] Agree [6] Reply Report Abuse

  • Jessie, Mulky

    Sun, Feb 07 2016

    What Is the science behind it? It's just because barred the entry of women , in this era they follow the same without any debate? It's like shouting govinda re govinda in a crowd without knowing the meaning of it.

    DisAgree [2] Agree [7] Reply Report Abuse

  • P. Shirish Kumar, Mangalore

    Sun, Feb 07 2016

    Jessey why can't you question your religion leaders, why until now women could not take Pope's position? Why not in Church's main Priest?
    It never came to your mind before commenting on other religion's tradition & culture?

    Let them shout Govinda or let you scream choral at church. Don't bother about others.

    DisAgree [3] Agree [2] Reply Report Abuse

  • Krish, Dubai

    Mon, Feb 08 2016

    Dear Jossey,
    Earlier you told you will either read beyond 2 lines or write.
    When it comes some thing about religion you had much time to write. Do you ask same from your community?
    Is there equal rights to women every where in your community?

    DisAgree Agree Reply Report Abuse

  • Rita, Germany

    Sun, Feb 07 2016

    Even at this Age ,old sinless believes are continued.Previously(atpresnt I dont know)women were not allowed to enter house during their periods for three days had to ,eat and sleep outside (in 50-60s)in partaree.I wonder who cleans the temple?India is still on the way of development.Far away from smart City dreams.Kerala is a most educated state,but in certain things still a backward state.

    DisAgree [10] Agree [9] Reply Report Abuse

  • Charles D'Mello, Pangala

    Sun, Feb 07 2016

    I am sure that this verdict is passed by Men. My question is to them "Do you like women of menstrual age...???"....I do not need the answer..I know.....Then why you think God does not like them...??????

    DisAgree [6] Agree [9] Reply Report Abuse

  • Sachidanand Shetty, Mundkur/Dubai

    Sun, Feb 07 2016

    Yes Cynthia….we still left with so many century of life in India just because we believe in tradition and culture nourished by our “Porvajas” unlike western countries those who claimed they were highly developed but now they cry foul even for day to day living!!!!

    DisAgree [7] Agree [8] Reply Report Abuse

  • Cynthia, Moodbidri

    Sun, Feb 07 2016

    Culture by oppressing women? God is not equal to man & woman? Will see how long this going to last the great culture, especially when it's exposed internationally

    DisAgree [6] Agree [9] Reply Report Abuse

  • Shinny, Karkala

    Sun, Feb 07 2016

    Cynthia it reminds me daughters of India bbc documentary , where one of our out of mind minister says our rapist boys are not responsible for rapes , it's women fault!

    DisAgree [3] Agree [6] Report Abuse

  • Zeitgeist, Mangalore

    Sun, Feb 07 2016

    Cynthia,

    First of all this issue is of religion. If religion dictates that women should not enter then what is the point of going to court? Here the actual act of women entering the temple can be termed as anti- religious.

    Secondly, India is not the only country to have such practice.

    DisAgree [3] Agree [3] Report Abuse

  • Zeitgeist, Mangalore

    Sun, Feb 07 2016

    Cynthia,
    And.. one more thing... before you go talk about oppressive culture... please ask yourself why aren't there any women priests among catholics.

    DisAgree [2] Agree [2] Report Abuse

  • Dev, Mangalore

    Sun, Feb 07 2016

    Brahma & Saraswathi, Vishnu & Laxmi, Shiva & Parvathi were seen always together.
    When God's want their wives by their sides always, who are people to bar women to get darshan of them?
    Are there any human beings on this planet who have not come out of the womb of women? Should all of them be barred for this unclean Act?

    DisAgree [1] Agree [6] Reply Report Abuse

  • Cynthia, Moodbidri

    Sat, Feb 06 2016

    India has still long way to go !!

    DisAgree [13] Agree [12] Reply Report Abuse

  • R Mallar, Kasaragod/ Dubai

    Sat, Feb 06 2016

    The issue is a bit out of sinc with current age. However it is not so critical to waste time by either courts or government

    DisAgree [4] Agree [4] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Sat, Feb 06 2016

    How is the Kerala Government going to CHECK ...

    DisAgree [10] Agree [13] Reply Report Abuse


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Title: Kerala supports ban on women's entry at Sabrimala temple



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