The Supreme Court is scheduled to pronounce on Thursday its verdict on a batch of petitions seeking re-examination of its decision to allow entry of women of all age group in Kerala’s Sabarimala Temple.
The apex court will deliver its judgement on as many as 65 petitions — including 56 review petitions and four fresh writ petitions and five transfer pleas — which were filed after its verdict sparked violent protests in Kerala.
A five-judge constitution bench headed by Chief Justice Ranjan Gogoi had reserved its decision on February 6 after hearing various parties including those seeking re-consideration of the September 28, 2018 judgement.
Other members of the bench are justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.
The apex court, by a majority verdict of 4:1, on September 38, 2018, had lifted the ban that prevented women and girls between the age of 10 and 50 from entering the famous Ayyappa shrine in Kerala and had held that this centuries-old Hindu religious practice was illegal and unconstitutional.
The five-judge constitution had heard the pleas in an open court and reserved its decision after hearing the parties, including Nair Service Society, Thantry of the temple, the Travancore Devaswom Board (TDB) and the state government, in favour and against the review plea.
The TDB, which runs Sabarimala temple, had made a U-turn to support the Supreme Court’s order allowing women of all ages to enter the shrine.
The TDB had joined the Kerala government to oppose a batch of pleas seeking review of the historic verdict.
The Board later asserted that its latest position was not due to any political pressure.
Some right-wing activists have alleged that the Board changed its stand before the court under pressure from the state’s CPI(M)-led LDF government.
The Kerala government, which had taken conflicting stands on women’s entry into the hilltop shrine, supported the verdict and urged the court to trash review pleas.
Senior advocate Jaideep Gupta, appearing for the state government, had said a constitutional court should not worry about law and order problem and “social disturbances”.
Exclusion of women from temples is not an essential practice of the Hindu religion, he had argued.
At the outset, the bench told lawyers it would hear only those who are parties to review petitions and asked them to confine arguments on grounds for reconsideration of the judgement.
Senior advocate K Parasaran, appearing for Nair Service Society, assailed the majority verdict, saying Article 15 of the Constitution throws open for public the secular institutions of the country but doesn’t deal with religious institutions.
Seeking a reconsideration, he said the Article 17 which deals with the abolition of untouchability in society was wrongly used by the court in its judgment as the exclusion of certain age groups of women was not based on caste.