Temple board joins govt, backs entry of women to Sabarimala
SC Reserves Order On Plea Seeking Review
AmitAnand.Choudhary@timesgroup.com
New Delhi:07.02.2019
The Travancore Devasom Board (TDB), which manages Sabarimala temple, sprung a surprise by changing its stand and supporting entry of women in the “mensurating age” before the Supreme Court, which on Wednesday reserved orders on pleas seeking review of its ruling in favour of unrestricted entry of women.
The Kerala government said social harmony had been disturbed but this could not be a ground to allow an unconstitutional practice. Parties seeking a review argued the court should not intervene in a specific religious practice and that public opinion in the state had opposed the order on a significant scale.
The TDB told the court that it accepted the verdict that paved the way for all women to enter the temple.
In three and half hours of proceedings before a constitution bench of Chief Justice of India Ranjan Gogoi, Justice A M Khanwilkar, Justice R F Nariman, Justice D Y Chandrachud and Justice Indu Malhotra, senior lawyers presented arguments in support and against 56 review petitions. The Devasom Board’s U-turn immediately held attention as it told the court that it would accept the verdict by which the gender barrier at Sabarimala temple was dismantled.
‘Lord Ayyappa, as a perpetual bachelor, has legal rights that must be respected’
Those opposing unrestricted entry of women have argued that the practice is specific to the Sabarimala shrine and enjoys the sanction of tradition while it does not apply to the deity’s other shrines. They said Lord Ayyappa, as a “perpetual bachelor”, has legal rights that must be respected in the case of Sabarimala.
The Board had led from the front when the apex court examined the constitutional validity of the practice by which women in the age group 10-50 years were barred. It had then submitted this is an essential part religious belief and justified ban on entry for female devotees of menstruating age to maintain purity of temple.
When senior advocate Rakesh Dwivedi, appearing for the Board, told the bench that the SC verdict was to ensure equal entitlement to men and women, it took everyone by surprise and Justice Indu Malhotra asked whether the Board has changed its stand. Dwivedi replied in affirmative and said the Board had already filed an application in this regard.
Opposing the review plea, Dwivedi said it was time for inclusion and women could not be denied rights to worship and society has to evolve to ensure they are treated equally as men in all walks of life including at religious places. He said that the people opposing the SC verdict should accept the judgment gracefully and allow entry of all women inside the temple.
Pressing for re-examination of the apex court’s September, 2018 verdict, senior advocates K Parasaran, V Giri, A M Singhvi and Shekhar Naphade said the court should have refrained from examining validity of a practice based on religious faith and belief. They said the entry of women in the age group of 10-50 was prohibited due to nature of deity and it was an internal matter of a community.
Naphade said it was not the jurisdiction of a court to decide what essential part of a religion is and it has to be decided by the community. Referring to protests in Kerala leading to law and order problem, he told the bench that social peace and harmony was disturbed in the aftermath of SC verdict. “The community has not accepted the verdict. Can court force its view on them? It is beyond the jurisdiction of the court,” he said.
Appearing for the state, senior advocate Jaideep Gupta said no case is made out for court to review its verdict. He admitted social harmony got disturbed but said it cannot be a ground to allow an unconstitutional practice of keeping women away.
For full report, www.toi.in
SC Reserves Order On Plea Seeking Review
AmitAnand.Choudhary@timesgroup.com
New Delhi:07.02.2019
The Travancore Devasom Board (TDB), which manages Sabarimala temple, sprung a surprise by changing its stand and supporting entry of women in the “mensurating age” before the Supreme Court, which on Wednesday reserved orders on pleas seeking review of its ruling in favour of unrestricted entry of women.
The Kerala government said social harmony had been disturbed but this could not be a ground to allow an unconstitutional practice. Parties seeking a review argued the court should not intervene in a specific religious practice and that public opinion in the state had opposed the order on a significant scale.
The TDB told the court that it accepted the verdict that paved the way for all women to enter the temple.
In three and half hours of proceedings before a constitution bench of Chief Justice of India Ranjan Gogoi, Justice A M Khanwilkar, Justice R F Nariman, Justice D Y Chandrachud and Justice Indu Malhotra, senior lawyers presented arguments in support and against 56 review petitions. The Devasom Board’s U-turn immediately held attention as it told the court that it would accept the verdict by which the gender barrier at Sabarimala temple was dismantled.
‘Lord Ayyappa, as a perpetual bachelor, has legal rights that must be respected’
Those opposing unrestricted entry of women have argued that the practice is specific to the Sabarimala shrine and enjoys the sanction of tradition while it does not apply to the deity’s other shrines. They said Lord Ayyappa, as a “perpetual bachelor”, has legal rights that must be respected in the case of Sabarimala.
The Board had led from the front when the apex court examined the constitutional validity of the practice by which women in the age group 10-50 years were barred. It had then submitted this is an essential part religious belief and justified ban on entry for female devotees of menstruating age to maintain purity of temple.
When senior advocate Rakesh Dwivedi, appearing for the Board, told the bench that the SC verdict was to ensure equal entitlement to men and women, it took everyone by surprise and Justice Indu Malhotra asked whether the Board has changed its stand. Dwivedi replied in affirmative and said the Board had already filed an application in this regard.
Opposing the review plea, Dwivedi said it was time for inclusion and women could not be denied rights to worship and society has to evolve to ensure they are treated equally as men in all walks of life including at religious places. He said that the people opposing the SC verdict should accept the judgment gracefully and allow entry of all women inside the temple.
Pressing for re-examination of the apex court’s September, 2018 verdict, senior advocates K Parasaran, V Giri, A M Singhvi and Shekhar Naphade said the court should have refrained from examining validity of a practice based on religious faith and belief. They said the entry of women in the age group of 10-50 was prohibited due to nature of deity and it was an internal matter of a community.
Naphade said it was not the jurisdiction of a court to decide what essential part of a religion is and it has to be decided by the community. Referring to protests in Kerala leading to law and order problem, he told the bench that social peace and harmony was disturbed in the aftermath of SC verdict. “The community has not accepted the verdict. Can court force its view on them? It is beyond the jurisdiction of the court,” he said.
Appearing for the state, senior advocate Jaideep Gupta said no case is made out for court to review its verdict. He admitted social harmony got disturbed but said it cannot be a ground to allow an unconstitutional practice of keeping women away.
For full report, www.toi.in
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