The Supreme Court of India is continuing hearings on petitions concerning the entry of women into the Sabarimala temple, with a nine-judge Constitution Bench examining constitutional questions relating to gender equality, religious practices, and fundamental rights. The matter is listed for continued hearing, with arguments in support of women’s entry scheduled between April 14 and April 16.
The proceedings extend beyond the Sabarimala issue and involve broader constitutional questions on the interplay between equality, non-discrimination, and religious freedom. The nine-judge Bench is considering these issues in the context of multiple petitions arising from review proceedings following the Court’s 2018 judgment.
The Sabarimala temple, located in Pathanamthitta district of Kerala and dedicated to Lord Ayyappa, had historically imposed restrictions on the entry of women between the ages of 10 and 50. The restriction was linked to considerations associated with the temple’s practices and had been upheld by the Kerala High Court in 1991 as part of established custom.
In September 2018, a five-judge Bench of the Supreme Court declared the exclusion of women unconstitutional, holding that denial of entry based on biological factors violated the right to equality. The Court stated that religious practices cannot override constitutional guarantees, and permitted entry of women of all age groups into the temple.
Subsequent to the 2018 judgment, multiple review petitions were filed. In those proceedings, the Supreme Court framed seven constitutional questions for consideration by a larger Bench. The present nine-judge Constitution Bench is examining these questions.
The issues under consideration include whether gender-based exclusions in the name of religious practice can be constitutionally sustained, whether religious denominations have autonomy to determine their practices, whether denial of entry into places of worship violates fundamental rights, and how a balance is to be maintained between equality and religious freedom.
The Union Government has opposed the entry of women in this case, submitting that several temples in India impose restrictions on men, and that Sabarimala should not be considered in isolation. It has submitted that each religious institution follows its own traditions and faith-based practices, and that the Court should exercise restraint in matters concerning internal religious affairs.
During the hearing, the nine-judge Bench observed that access to temples, monasteries, and other religious institutions should be available to all persons. The Bench noted that exclusion of any group or denomination from places of worship may lead to social division and affect the inclusive character of the religion. The Court clarified that a final determination would be made after hearing all parties.
The present proceedings also involve connected constitutional issues arising in other matters. These include petitions challenging the practice of female genital mutilation in the Dawoodi Bohra community, issues concerning entry of Muslim women into mosques and their right to offer prayers, and questions relating to the exclusion of Parsi women from fire temples upon marriage to non-Parsis.
The Court is examining whether practices claimed as religious can be protected where they are alleged to infringe upon bodily integrity, equality, and dignity. The proceedings raise questions regarding the scope of religious freedom under the Constitution and its interface with fundamental rights.
Arguments in the matter are ongoing, and the Court has not delivered any final judgment. The outcome will be determined after completion of submissions by all parties.
