New Delhi, Aug 1 (DC): Chief Justice of India Dipak Misra on Tuesday made it clear that the Sabarimala temple in Kerala cannot exclude a section of women in the age group of 10 to 50 from entering the temple by imposing discriminatory conditions.

The CJI heading a five- judge Constitution Bench told counsel V.K. Biju appearing on behalf of devotees that the temple can have rituals but by prescribing an impossible condition of 41-day ritual, a section of women are being discriminated and this amounts to exclusion.

The Bench, which also included Justices Rohinton Nariman, A.M. Khanwilkar, D.Y. Chandrachud and Ms. Indu Malhotra, observed that the court couldn’t be oblivious of the fact that one class of women is excluded on physiological grounds. The CJI heading a five- judge Constitution Bench told counsel V.K. Biju appearing on behalf of devotees that the temple can have rituals but by prescribing an impossible condition of 41-day ritual, a section of women are being discriminated and this amounts to exclusion.

The Bench observed that the court couldn’t be oblivious of the fact that one class of women is excluded on physiological grounds. Justice Chandrachud endorsed CJI’s observation and said, “If Constitution is supreme then there cannot be any exclusion of a section of women as it is violative of Article 14. Ours is a progressive Constitution and if necessary we have to deal with such issues head-on. If it is an abhorrent practice, why should we not interfere with it.”?

Mr. Biju argued that the policy not to allow women between the age of 10 and 50 is reflected in the rituals and practices of the temple. If these things were changed, that would amount to changing the whole nature of temple itself, which will be violative of Article 25.