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Sumrimala Case
Sumrimala Case
Sumrimala Case
Case Name: Indian Young Lawyers Association & Ors vs. The State of Kerala & Ors.
Citation: Writ Petition(Civil) No 373 of 2006
Parties name: Indian Young Lawyers Association (petitioner)
Travancore Devaswom Board (respondent)
State of Kerala (respondent)
Pandalam Royal Family (respondent)
Chief Thanthri (respondent)
Bench: Deepak Mishra, A.N. Khanwilkar, Rohintan Nariman, Indu Malhotra, D.Y. Chandrachud
Sabarimala Temple, devoted to Lord Ayyappa, is a temple of great antiquity. The temple is situated over one of the eighteen
mountains spread over the Western Ghats known as Sannidhanam. Situated in the district of Pathanamthitta in Kerala. The faithful
believe that Lord Ayyappa’s powers derive from his asceticism, in particular from his being celibate. Celibacy is a practice adopted
by pilgrims before and during the pilgrimage. Those who believe in Lord Ayyappa and offer prayers are expected to follow a strict
‘Vratham’ or a vow over a period of 41 days which lays down a set of practices.
The practise of prohibiting the entry of women and barring their participation in the 41 days penance ‘vratham’ has been observed by
the Ayyapan community since time immemorial as claimed by the Thantri of the temple. The deity at Sabarimala takes the form of a
Naishtika Brahmacharya. Along with observing a penance, the followers are supposed to wear black clothes and cut all family ties
while observing the ‘vratham’. It is claimed that a deviation from the celibacy and austerity observed by the followers would be
caused by the presence of women. Women have not been allowed to be a part of this pilgrimage due to their physiological features,
considering them weak and unfit for the arduous journey. Women are also considered to be impure while menstruating according to
Hindu traditions and therefore the temple authorities have placed restrictions on the entry of women between the ages 10 and 50 to
preserve the temple’s sanctity.
In 1990, S Mahendran filed a plea in Kerala High Court seeking a ban on women’s exclusion of entry to the temple. But, Kerala High
Court upheld the age-old restriction on women of a certain age-group entering the temple. On August 4, 2006, the Indian Young
Lawyers Association filed a plea in the Supreme Court seeking to ensure entry of female devotees between the age group of 10 to 50
at the Lord Ayyappa Temple at Sabarimala.
On September 28, 2018, the Supreme Court passed a verdict that allows entry of women in Sabarimala temple. This judgment
addressed various issues before coming to this verdict, the article will further address the issues raised by the petitioners and discussed
in the case.
Table of Contents
Petitioners Arguments
The main arguments contended on Petitioner’s behalf were:
It was stated that not allowing women to worship in the temple does not form an essential part of Hindu religion.
Sabarimala is managed by Travancore Devaswom Board which receives public funds, hence it cannot be deemed as separate religious
domination. For this court cited the “Shirur Mutt case”, in which prerequisites for a religious denomination are given. These are:
5) Having its own hierarchy of administration with no outside interference and control
These criteria is not fulfilled here completely, hence it can’t be a religious denomination in itself.
It was also argued that it was believed and there is evidence of women being allowed at the Temple during the time of
Travancore king, so it cannot be deemed as a customary practise running since time immemorial.
It was contended on behalf of petitioners that instead of religious contentions the ban was based more on the basis of
certain practical physiological dimensions like inability of women to pass a difficult path of forests and mountains over
a period of 41 days arduous journey. These reasons are preposterous.
It was also argued that considering women impure because they menstruate and they can’t be touched at that time is
discrimination against them on the basis of their sex and practicing of untouchability which is strictly forbidden under
our Fundamental Rights.
Also, Article 25 gives women the freedom to practice their religion too.
Restriction of women because of the celibate character of the lord Ayappa is demeaning to the women.
The rule 3 laid down by the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules is violative of
Fundamental Rights.
Respondent’s argument
These restrictions can’t be challenged as they are on the basis of religion and traditions of the deity of the temple.
It was argued that Lord Ayappa in the temple is a celibate and should be treated as a person. And as a person, Lord
Ayappa’s Right to Privacy under Article 21 should be protected.
It was argued that the entry of women of the age 10-50 years of age, which is their menstruating age, is in contrast with
the celibate nature of the Lord Ayappa.
It was also contended that it is not physiologically possible for women to seek 41-day penance.
It was contended that this prohibition is the very crux of their belief and forms an essential part of this religion.
It was also contended by them that Article 15(2) is not applied to religious institutions.
Judgment
The court by considering and deliberating over every important factor delivered a judgment in favour of the petitioner in a 4:1
majority. The court’s reasoning is discussed below.
Constitutional morality is adherence to the basic principle of the constitution on which the heart and soul of the constitution is based.
It does not only include the principles mentioned in the constitution but it also includes the implicit ideas of Human Rights which are
though not specifically mentioned but forms the essence of morality.
Thus it is necessary for a Fundamental Right to work within the dimension of Constitutional Morality. In this case, Article 25 has
been interpreted widely and the principle of equality has been upheld. It has been stated that Article 25 provides equal rights to both
males and females to practise their religion as they wish. Thus, hereby keeping in check the morality too. The practise of women
exclusion does not form a part of essential practise as if it is not followed it does not harm any important tenet of the faith on the other
hand if it is followed it violates the sanctity of the half the section of our society and make them stand unequal, which is both
unconstitutional and immoral. Hence the Supreme Court has tried its best to keep a balance between the three(religion ,equality and
constitutional morality) and has delivered which has widened the interpretation of Articles in a way that conforms with equality and
constitutional morality which are the basic tenets of our democracy.
The Petition was filed against the 2018 judgement of the Supreme Court and the main question of contention here was that does
Supreme Court’s scope is wide enough to interpret and intervene in the matters of religion and faith. Petitioners here contended that
the worship in temple is based on the celibate character of the deity. Constitutional morality is purely a subjective test, and it
shouldn’t be used in interpretation of faith. It affects their Right to practice their religion on their own. The concept of untouchability
which was brought in the 2018 judgment was said to be erroneous because this concept was applied to the context without due
deliberation and consideration. The court thus decided to keep the review petitions on hold and also stayed with the 2018 order which
granted women the right to enter the temple until a larger bench decides this issue as this issue of women’s entry to the Sabarimala
temple is not restricted but there are other similar issues in line which also gets affected by this judgment. So the best is to not deliver
any judgment on it as of now. The court also showed disappointment in the way people reacted and not welcomed the judgment.
People instead of following it, agitated and discarded it completely to the way it undermined the dignity of the Honourable Supreme
Court. Court on this opined that it is the right provided to the citizens of the country that if they are not satisfied with the ruling of the
court they can file review but meanwhile it is the duty of every citizen to follow and accept whatever the rules are laid down by the
court as Supreme Court is created by our Constitution to protect and safeguard itself and it is the duty of respect its dignity.
Conclusion
This judgment comes as a landmark judgment especially during a time when the country is religiously divided. India is a country
where religion plays a very crucial role in shaping society. The judgment is a progressive one and set an example that the orthodoxy,
superstition, and patriarchy would never undermine the spirit of constitutional morality. Though while looking into the petitions court
has agreed to consider different matters concerned to it in the future but it again upheld the same principle and did not take away
women’s rights which were given to them in 2018 ruling. The Supreme Court has thus shown that the basic essence of equality and
morality is above any other principle and will be upheld always and forever above all.