On the Sabarimala temple entry case

A nine-judge Constitution Bench of the Supreme Court (SC), led by Chief Justice of India Surya Kant, is currently hearing petitions relating to discrimination against women at religious places, examining the correctness and broader constitutional implications of its 2018 ruling in Indian Young Lawyers’ Association vs. State of Kerala on women’s entry into the Sabarimala Temple in Kerala.

On September 28, 2018, a five-judge Constitution Bench of the apex court, by a 4:1 majority, struck down the age-based restriction, declaring Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 – which permitted ‘religious denominations’ to exclude women from public places of worship on grounds of custom — as unconstitutional. The exclusion of women of “menstruating age” violated the guarantees of equality, non-discrimination and dignity, the apex court had held. It further ruled that devotees of Lord Ayyappa do not constitute a separate ‘religious denomination’, and that the said custom does not qualify as an “essential religious practice” (ERP).