SC refers women's entry to Sabarimala, various religious issues to larger bench

The entry of women of all ages to the Sabarimala temple in Kerala will continue with the Supreme Court on Thursday deciding to set up a larger bench to reexamine religious issues including those arising out of its earlier verdict that lifted a centuries-old ban on women of menstruating age visiting the hilltop shrine.

The apex court said the seven-judge bench will look into pending questions similar to Sabarimala related to Muslim women's right to enter a mosque and permission to Parsi women who marry outside the community to enter its fire temple and the practice of female genital mutilation in the Dawoodi Bohra community.

The verdict pronounced by a five-judge bench headed by Chief Justice Ranjan Gogoi comes three days ahead of the opening of the Sabarimala temple dedicated to Lord Ayyappa, a "Naishtika Brahmachari" (Perennial celibate), on November 17 for the annual two-month-long pilgrim season.

The multiple pleas seeking a review of the apex court's September 28,2018 judgement allowing women in the once banned 10-50 age group to enter the shrine were, however, kept pending in a 3:2 verdict.

Kerala was rocked by violent protests, spearheaded by right leaning outfits and the BJP, last year when the LDF government decided to implement the September 28 verdict.

The majority verdict by Justice Gogoi and Justices A M Khanwilkar and Indu Malhotra said restrictions on the entry of women in religious places were not confined to Sabarimala and was prevalent in other religions as well. But it did not say anything adverse against the earlier judgement nor did it stay the order.

The minority verdict by Justices R F Nariman and D Y Chandrachud gave a dissenting view by dismissing all the review pleas and directing compliance of the September 28 judgement which held that the centuries-old Hindu religious practice was illegal and unconstitutional.

Reading out some portions of the majority view, Chief Justice Gogoi said the petitioners were endeavouring to revive the debate on religion and faith.

He added that the apex court should evolve a common policy on religious places like Sabarimala and added that the larger bench will decide the issues relating to this Hindu shrine, entry of women into mosques and practice of female genital mutilation.

The split 3:2 decision came on 65 petitions -- 56 review petitions, four fresh writ petitions and five transfer pleas -- which were filed against the earlier 4:1 verdict
Women's rights activist Trupti Desai said women should be allowed entry into the Sabarimala temple till the seven-judge bench delivers its verdict and vowed to offer prayers at the shrine in the new pilgrimage season