New Delhi: The Supreme Court, on July 18, categorically said that the right of a woman is a fundamental right enshrined in the Constitution of India and it does not depend on any laws.
Hearing the petitions challenging the ban on the entry of women between the ages of 10 and 50 years, at the popular Sabarimala temple, the Supreme Court observed that a temple is a “Public Property” and said that groups and individuals should not be barred from entering it.
The SC said that this fundamental right cannot be violated on the basis of “biological factors.”
The 5-judge Constitution Bench headed by Chief Justice of India Dipak Mishra questioned the temple authorities the basis for denying entry to women. “It is against the Constitutional mandate. Once you open it (temple) for the public, anybody can go”, said the Chief Justice.
Citing the statutory provisions of Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 and religious customs, Sabarimala temple in Kerala denied entry to women into the temple during the years they were menstruating.
The case was referred to the Constitution Bench by a 3-judge Bench of the Supreme Court in October 2017.
