Why does Sabarimala discriminate against women, when Vedas don't: SC

Supreme Court asked the temple board to give details on when the discrimination began at the temple and the historical reasons behind it.

New Delhi:

The Supreme Court on Friday asked the Sabarimala Temple authorities to give details on when the discrimination on women’s entry began at the temple and the historical reasons behind it. The court gave the authorities a time-frame of 6 weeks to respond.

The court also appointed Senior Advocate Raju Ramachandran as 'amicus curiae' in the case. Amicus curiae literally means a friend of the court and refers to someone who is not a party to the case but is appointed by the court to offer information that bears on the case.

“Vedas and Upanishads do not discriminate between men and women. This has cropped up historically,” the court said.

KK Venugopal, the lawyer representing the temple wondered why it was that the issue was being dug up now while the practice was in place for 1000 years.

"We are not taking a narrow view. We want to strike a constitutional balance between the right to equality and the right to religious practice. The temple is a religious phenomenon and its functions must come within parameters," the court said.

Observing that the "discrimination against women would be examined under Constitutional provisions,” the court maintained “emotional arguments would not be permissible."

The court had earlier, on January 11, questioned the temple’s practice of banning entry to women in the hill shrine on Constitutional basis. “At best, there can be religious restrictions and not a general restriction,” it said.

The Kerala Government had told the Court that banning entry of women of menstrual age in the Sabarimala temple 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 the administration of the temple vests with the Travancore Devaswom Board and the decision of the priests stand final in the matter of worship.

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, the women, who have crossed menopause, are allowed.