Sabarimala entry referred to 3-judge bench

NEW DELHI: The Supreme Court on Friday referred the issue of granting entry to women at Sabarimala to a larger bench. A bench comprising Justice S B Sinha and Justice V S Sirpurkar referred the matter to a 3-judge bench to decide, saying substantial legal issue were involved.
The court, however, said that it was surprising that the state had changed its stand. ���You did not appeal against the high court verdict,��� the judges said. The Kerala high court had upheld the ban of females between 10 and 50 into Sabarimala.

The state government supported the entry after a petition was filed in the apex court challenging the ban order. The Kerala government, in an affidavit filed in the apex court, said: ���It is not fair to disallow a section of women from entering Sabarimala temple and worshipping.���

���The denial of entry to women of a particular age group surely affects public right and it is a matter of public interest,��� it had said seeking intervention of the court to set up a commission for suggesting whether it could be opened to women irrespective of age.

The affidavit came in response to the apex court notice issued on a petition filed by the Indian Young Lawyers Association contending that barring females between 10 years to 50 years from entering the temple amounted to violation of Fundamental Rights and the restrictions should be quashed. The petition also challenged validity of the provisions of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, which legalises the ban.

Terming the practice as a socio-religious malady, the petitioners expressed surprise that it was being followed by a temple board which received financial assistance of Rs eight lakh per annum from the state. The Travancore Devasom Board, the regulating board of the temple, opposed the petition and said that 15 years ago the Kerala high court had passed the order upholding the ban.
Advocate Ravi Prakash Gupta, appearing for the association, contended that the individual right to worship should be respected by the management of the temple and women of all age groups should be given an entry.

Women were not allowed at the precincts of the Sabarimala temple only during Mandalam, Makaravilakku and Vishu seasons. There was no restrictions on their entry during the rest of the year. However, the high court allowed the ban to be imposed throughout the year.