The Travancore Devaswom Board on Thursday differed with the Kerala Government on the issue of permitting entry of women aged between 10 years and 50 years to the Sabarimala temple.
The Board, entrusted with the task of administrating 1,248 temples in the State, said the decision to exclude entry of women in the above age group has to do with the maintenance of purity of the deity lord Ayyappa, who is a Naishtika Brahmacharya (perennial celibate).
Senior advocate Abhishek Manu Singhvi appearing for the Travancore Devaswom Board said women who are menstruating are kept out for this purpose as it is impossible for them to observe abstinence for 41 days before undertaking the pilgrimage. He added this practice is followed not only at Sabarimala shrine but in almost all temples in the country.
The Board’s submission came in stark contrast to the stand taken by the Kerala Government, which favoured entry of women to the shrine. The submission came a day after a five-judge Constitution Bench of the Supreme Court found no logic behind discriminating women from entering a place of worship of their choice.
Questioning the Board over the logic behind keeping such a restriction, the Bench of Chief Justice Dipak Misra, Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhottra had said, “Suppose a woman stops menstruating at age of 45, why should she be excluded from entering the temple. There is no rational link of age with prohibition.”
Singhvi explained there was no absolute prohibition based on gender as women below 10 years and above 50 are allowed to enter the temple. Further this practice has been traditionally followed for centuries and has acquired the value of usage and custom practised as part of a denominational religion.
The Kerala Government represented by senior advocate Jaideep Gupta found no logic in restricting menstruating women from the Sabarimala temple as he felt that men or women hardly can undertake such an arduous journey at age of 50. Hence such a restriction becomes absolute as women are practically kept out. The SC observed that such a restriction operated indirectly to ensure women do not make it to the temple.
Singhvi said there are more than 1,000 temples of lord Ayyappa across the country where men and women can visit. Why the women should insist on visiting this temple alone, he wondered.
The CJI shot back saying, “Because they believe in that” and explained saying, many Jagannath temples exist in the country but people still flock to Puri temple. “It is a matter of choice,” the Bench added.
The Board’s argument remained inconclusive and will resume on July 24.