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Larger Bench to examine Sabarimala ban

J. Venkatesan

New Delhi: A larger Bench of the Supreme Court will examine whether the entry of women in the age group 10-50 can be allowed into the Sabarimala Ayyappa temple.

A Bench consisting of Justices S.B. Sinha and V.S. Sirpurkar on Friday referred to Chief Justice K.G. Balakrishnan a petition filed by the Indian Young Lawyers Association challenging the existing ban. The Bench, after hearing senior counsel C.A. Sundaram, also issued notice to Kerala and other respondents on an application filed by the Nair Service Society seeking to be impleaded in the case.

The Kerala government in its affidavit had favoured allowing the entry of women of all ages without any restriction.

When the matter was taken up on Friday, senior counsel K.K. Venugopal, appearing for Travancore Dewasom Board, opposed Kerala’s stand and pointed out that the ban on entry of women in the aforementioned age group was in practice for several years and such restriction was not violative of Article 14 . He pointed that the Kerala High Court had upheld the ban and the State government at that time had supported it and no appeal had been filed in the apex court against this judgment.

Rajinder Sachar, senior counsel, appearing for Kerala submitted that there was no justification for continuing the restriction in the entry of women.

To a question from Justice Sirpurkar on why the government had not filed an appeal, counsel said, “The matter requires reconsideration as the situation can’t remain the same for ever. The government is entitled to take a stand in tune with changing times.”

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