Verdict allowing women into Sabarimala not 'final word' as matter referred to larger bench: SC

Chief Justice of India SA Bobde on Thursday cast doubts on the validity of the five-judge bench's 2018 ruling in the Sabarimala case, saying the ruling was not the last word. “The ruling is not the last word on the issue. A reference has been made to a larger bench,” the CJI said while hearing a plea for police protection by an activist Bindu Amini, lending credence to the Kerala government’s stand that there was a de facto stay on the ruling.

Amini was attacked while trying to enter the Ayappa temple in Sabarimala, and senior advocate Indira Jaising was seeking police protection for her. Jaising insisted that the bench hear Amini's plea along with that of another woman seeking court protection to enter the temple. The CJI, sitting alongside Justices BR Gavai and Suryakant, agreed to her demand. The other plea has been listed for hearing after two weeks.

In September 2018, a five-judge bench led by former CJI Dipak Misra had in a 4:1 decision allowed women of all ages to enter the temple overturning rules which disallowed women in their fertile years from entering the temple dedicated to bachelor God Ayappa.


Amini claimed that the police were not cooperating with women who wished to enter the temple, and that she was attacked with a chemical substance right in front of the police commissioner’s office where she had gone for protection.

Some women were allowed to enter the temple after the order, but the Left government there has since thrown up its hands citing law and order problems though political analysts claim the party was wary of losing votes.

Multiple reviews were filed in the case. While a review always lies with the same bench, in this case, since former CJI Dipak Misra had demitted office, a bench led by former CJI Ranjan Gogoi with members – Justices AM Khanwilkar, RF Nariman, DY Chandrachud and Indu Malhotra, recently referred the issue to a larger bench in a 3:2 decision.

CJI Gogoi in his reference tagged the Sabarimala issue with that of Muslim women entering mosques, Parsi women entering fire temples and the legality of female genital mutilation among Dawoodi Bohras.