Centre Defends Sabarimala Restrictions in Supreme Court
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New Delhi, April 9 (NationPress) The Union government asserted before the Supreme Court that the limitations at the Sabarimala temple are not based on gender bias. The government argued that many temples throughout India uphold practices that are either male-focused or female-focused, rooted in faith and tradition.
During the proceedings before a nine-judge Constitution Bench led by Chief Justice of India (CJI) Surya Kant, Solicitor General (SG) Tushar Mehta argued that the 2018 ruling permitting women of all ages to enter the Sabarimala temple was made on the flawed premise that men enjoy superiority while women are relegated to a subordinate status.
"I have provided examples of temples where entry is restricted for men... Some temples require male priests to wash the feet of female worshippers. The Pushkar temple, the only Brahma temple in India, prohibits married men from entering. Additionally, there is a temple in Kerala where men dress as women. Thus, this is not merely about male-centric or female-centric beliefs. In this instance, it is predominantly woman-centric," SG Mehta informed the Bench, which includes Justices B.V. Nagarathna, M.M. Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B. Varale, R. Mahadevan, and Joymalya Bagchi.
The Supreme Court is currently deliberating on broader constitutional issues related to the balance between religious freedom and fundamental rights.
Justice Nagarathna emphasized the need for inclusivity within religious spaces, stating that "everyone should have access to every temple and matha," clarifying that her comments were not specifically directed at the Sabarimala issue.
"If one claims that only members of their denomination should be allowed in their temple, that undermines the essence of Hinduism," she noted.
Justice Aravind Kumar warned that exclusionary practices could foster divisions within society.
Senior advocate C.S. Vaidyanathan, representing the case, argued that denominational temples, especially private ones, have historically limited access to certain groups. He contended that such entities, if not dependent on public finances or general foot traffic, may not necessarily breach constitutional norms.
"The question is whether this contradicts constitutional prohibitions. If it aligns with public order, morality, and health, what would be the practical implications?" he stated.
The Centre has persistently claimed that the Sabarimala judgment from 2018 should be reconsidered, asserting that the restrictions involved are based on the unique characteristics of the deity and religious customs, rather than any form of patriarchy or gender discrimination.
In his written statements, SG Mehta highlighted instances such as the Attukal Temple in Kerala, where men are barred from entry during specific rituals, and the Chakkulathukavu temple, where male priests carry out the ritual of washing women's feet. He also mentioned the Kottankulangara temple, where men wear women's clothing as a demonstration of faith.