LDF reverses the UDF rule.
In a major turnaround, the Kerala government told the Supreme Court of India that it’s in favor of allowing entry of women inside the shrine of the famous Sabarimala temple, on Monday.
The issue has been making controversy in the state after non-profit body Indian Young Lawyers Association filed public interest litigation against the ban. The Indian Express reported that the court has set the next hearing on February 20.
The court has asked the government to ‘unequivocally clarify its position’ on the issue as the government has changed its stand previously.
In 2007, the Left Democratic Front (LDF) government had informed the court that it was willing to allow the entry of women inside the temple. Later, the Congress-led United Democratic Front (UDF) government reversed the decision citing the tradition that has been followed since time immemorial. Now, after the LDF again rose to power in the state, there’s a change in decision regarding the issue.
The court is testing whether the ban on women entering a temple is consistent with the principles of the constitution. Later, the court had observed that it had to strike a balance between the fundamental rights of women to enter a religious place and the rights of a religion to follow its customs while taking a decision.
“We will have to balance the rights before we say anything,” a bench led by Justice Dipak Misra said.
Later, while assessing that religious groups have the right to profess and propagate their customs and practices, the court had commented that a restriction solely based on gender was discriminatory and violation of fundamental rights.
In January this year, the court had observed that there cannot be a ban on women under the constitution.
“The temple cannot prohibit entry (of women), except on the basis of religion. Unless you have a constitutional right, you cannot prohibit entry,” the court had said.
The court is considering referring the case to a larger constitution bench at the behest of the Travancore Devaswom Board that runs Sabarimala temple. The case is being currently heard by a three-judge bench, led by justice Dipak Misra.
Senior advocate K.K. Venugopal, who represents the Travancore Devaswom Board said that the case needs to be considered by constitution bench comprises five or more judges to examine the constitutional validity of the issue.