Can’t deny women entry to temple, says Bombay HC

In an important development, the Bombay high court on Friday held that it is the fundamental right of women to go into places of worship and it is the government’s duty to protect their fundamental right.

The court issued this direction while hearing a public interest litigation filed by senior advocate Nilima Vartak and social activist Vidya Bal, challenging the prohibition of entry of women in temples like Shani Shingnapur in Maharashtra. The court has asked the Maharashtra government to take pro-active steps so that no one is allowed to encroach upon these rights of women and the directive of the court is seen as a break from centuries-old traditions and a victory for women’s campaign against gender bias.

The division bench of Chief Justice D.H. Waghela and Justice M.S. Sonak was hearing the PIL that sought implementation of the provisions of Maharashtra Hindu Place of Worship (Entry Authorisation) Act 1956.

During the hearing, the state government made a statement before the court that it would take all steps to comply with the order by enforcing the law that provides six months in prison for preventing anyone from entering a temple.

Acting advocate general Rohit Deo told the court that the provisions of the Act shall be scrupulously implemented and that the government is completely against gender discrimination. “A circular or directive shall be issued to all district authorities informing them about the Act and its provisions,” he further added.

The acting AG, however, also clarified to the court that if a temple in the state does not allow any person, irrespective of their gender, inside the sanctum sanctorum, then this Act and its provisions would not be of any help. According to him, if a temple allows men in the sanctum sanctorum but prohibits women, then the Act and its provisions could be used.

Accepting the statement made by the acting AG, the bench noted that while the government’s statement was “good enough”, steps should be taken to strengthen the hands of the authority on the field. The court also said, “This court can only pass a general direction. We cannot go into individual or specific cases. If any person has grievance that the Act is not being implemented, then he or she can approach a local authority with a complaint.”

During the hearing of the PIL, the bench felt that there is a need to give more power to authorities implementing these kinds of Acts. The bench said that making a statement that the Act and its provisions would be implemented and enforced and that the government is against gender discrimination is good enough. “But you have to strengthen the hands of the authority who is on the field and has to take action as per the Act,” the court said.

Chief Justice Waghela said, “The Maharashtra government shall take all necessary steps to implement the Act. Ultimately it is the fundamental right of a woman and your (government’s) fundamental duty to protect this right.”

The judges also directed the secretary of Maharashtra’s home department to ensure that the policy and purpose of the Act is fully carried out, and directions are issued to all district collectors and Superintendents of Police.

The court on Wednesday had said that the government should give wide publicity to the Act and issue circulars, informing the general public about the Act and its provisions. As per the Act, any temple or person imposing restrictions could face a six-month jail term.

It may be recalled that the debate over the issue in Maharashtra escalated after a woman last year tried to enter and offer prayers at the Shani Shingnapur temple in ‘breach’ of the age-old practice of prohibiting entry of women. This had prompted the temple committee to suspend seven security men and the villagers to perform purification rituals.

Subsequently, the Bhumata Brigade led by Trupti Desai had on January 26 launched a campaign to challenge the ban at the temple and vowed to carry on with its movement for gender justice. Apart from this around 150 women under the banner of outfit had last month headed to the famous Trimbakeshwar temple in Nashik district seeking to break the bar on female devotees at the inner sanctum of the Lord Shiva shrine. Their attempts were, however, foiled by the police.