Wednesday, November 14, 2018

SC refuses to stay Sabarimala ruling

NEW DELHI, NOVEMBER 14, 2018 00:00 IST


Review pleas to be heard on Jan. 22; women of all age groups can visit the shrine this pilgrim season

The Supreme Court on Tuesday agreed to hear in open court review petitions against its majority judgment which lifted a ban on women aged between 10 and 50 years from undertaking the pilgrimage to the Sabarimala temple in Kerala.

The review petitions will be heard by an “appropriate Bench” in open court on January 22, next year.

Majority ruling holds

The Review Bench of five judges, led by Chief Justice of India Ranjan Gogoi, however, refused to stay the majority judgment by a Constitution Bench on September 28. The majority judgment had declared the exclusion, solely based on the menstrual status of women, to be a smear on individual dignity. It said the bar amounted to “treating women as the children of a lesser God”.

The refusal to stay the judgment would mean that worshippers, both men and women of all ages, can still undertake the pilgrimage when the temple re-opens on November 16 evening for Mandala Pooja.

The pilgrimage season would end on January 20 after the Makaravilakku festival.

Impact on season

“The order of the court to examine its judgment is a positive step. But there are apprehensions that the review petitions would become infructuous once women aged between 10 and 50 enter the temple this pilgrimage season,” Supreme Court advocate Usha Nandini, one of the 49 review petitioners, reacted.

Advocate G. Prakash, who represents the Kerala government in the issue, said the Bench has only taken a prima facie decision to hear the review petitions in open court. “It has not issued notice. On January 22, the same Review Bench will hear the petitioners and decide whether their pleas should be admitted or not,” he said.

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