The Supreme Court on Thursday said religious customs can be struck down for violating the Constitutional principles and cannot escape judicial scrutiny by claiming that such a custom is essential to the practice of that faith or religious denomination.
Hearing arguments on a petition seeking entry for women of reproductive age inside Kerala's Sabarimala temple, a five-judge bench on Thursday witnessed interesting arguments advanced in favour of the ban by senior advocate V Giri and advocate J Sai Deepak who appeared for the Temple Tanthri and an Ayyappa devotee. Both argued that there is no fine distinction between religion and superstition and the tanthri is seen to be the one through whom God speaks. When he is in doubt, he consults God, which is known as Devaprasnam and barring menstruating women from entry is part of Devaprasnam that is to be followed as a matter of faith and not questioned.
Sai Deepak argued that deity has been recognized as a legal entity in several Supreme Court decision and his being a “Naishtika Brahmacharya” is the root cause for keeping menstruating women out and should not be seen as a matter of discrimination. He stated that the religion does not treat menstruation as impure but it is women who themselves do not visit temple during this period. Although the bench of CJ Dipak Misra, Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra found the arguments “persuasive” it said that the Court only sees Constitutional principle as Constitution is above any religious practice.