Sabarimala women's entry: Eight-day legal battle begins

NEW DELHI: As Kerala prepares to go to the polls the day after tomorrow, a crucial hearing in the Supreme Court regarding the entry of women into Sabarimala begins today. The State Government has submitted to the Court that a decision should be reached only after consulting religious scholars and social reformers.

A nine-member Constitution Bench, led by Chief Justice Surya Kant, is hearing arguments on seven pivotal legal issues concerning religious freedom, rights, beliefs, and customs. The outcome of this hearing will provide the legal framework for a five-member bench to make the final decision on the entry of women. Alongside Chief Justice Surya Kant, the bench includes Justices BV Nagarathna—the sole woman judge—MM Sundaresh, Ahsanuddin Amanullah, Arvind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan, and Joymalya Bagchi.

The Court is considering 67 petitions related to various religious customs during this scheduled 8-day hearing, which is expected to conclude by April 22. Beyond the Sabarimala issue, the bench will address other significant matters, such as the khatna ritual in the Dawoodi Bohra community, the ban on women entering certain mosques, and the rights of Parsi women who marry outside their community to enter fire temples.

Several key stakeholders, including the Travancore Devaswom Board, temple Tantri Kandararu Rajeevaru, and the Pandalam Royal Family, have maintained their stance against the entry of young women. Senior Malayali advocate K. Parameshwar is serving as the amicus curiae to assist the Court in this landmark case.

The hearing is now in session, and the schedule for the arguments is as follows:

• April 7 – April 9: The bench will hear arguments from those opposing the entry of young women (the review petitioners), including the Travancore Devaswom Board and the Pandalam Royal Family.
• April 14 – April 16: The court will hear from those supporting the 2018 verdict, which allowed women of all ages to enter the shrine.
• April 21: Both sides will have the opportunity to present their rebuttals to the arguments made during the previous sessions.
• April 22: The Amicus Curiae, K. Parameshwar, will present his final submissions to conclude the eight-day hearing.

In an interesting shift, the state government has requested to be included in the list of parties opposing the entry of young women. A formal letter regarding this stance was submitted by the government’s lawyer, Nishe Rajen Shonker, to the court-appointed nodal officer. Consequently, the state’s arguments will be heard between today and April 9, coinciding with the final lead-up to the Kerala elections.

Represented by senior advocate Jaideep Gupta, the government will argue that Article 25 of the Constitution, which guarantees the freedom of religion, also protects activities essential to the advancement of faith. Their submission will clarify that the Constitution safeguards the integral elements of a religion, including its unique customs, rituals, and forms of worship. Additionally, the government is expected to clarify its position on whether Ayyappa devotees constitute a separate religious denomination. Reaffirming its cautious approach, the state maintains that the court should only reach a final decision after thoroughly considering the opinions of religious scholars and social reformers.