Temple Run On

SC sends to larger bench pleas against its order that had let all women enter Sabarimala shrine

- Aneesha Mathur

Days before the gates of the Ayyappa temple at Sabarimala are scheduled to open for the annual Mandala pilgrimage, the Supreme Court has decided to leave the issue of access of women to the temple open. The five-judge bench of the apex court, led by CJI Ranjan Gogoi has now referred issues to a larger bench, to consider the limits of the powers of the apex court to decide conflicts between religion and other rights.

“The debate about the constitutional validity of practices entailing into restriction of entry of women generally in the place of worship is not limited to this case, but also arises in respect of entry of Muslim women in a dargah/mosque as also in relation to Parsi women married to a non-Parsi into the holy fireplace of an Agyari,” observed the bench in a 3:2 majority decision. The verdict, penned by CJI Gogoi, Justice AM Khanwilkar and Indu Malhotra, has observed that the SC must “tread cautiously” on issues of religion including religious practices.