After the Supreme Court bench headed by the former Chief Justice of India, Ranjan Gogoi referred the battle in the Sabarimala matter to a larger bench, and the question has been further posted. The apex court took the case on Wednesday and the basis of the previous hearing, has directed the Kerala government for legislation. It has led the government to formulate exclusive law regarding the administration of the Sabarimala temple. The matter is now posted before a bench headed by Justice N.V. Ramana. The Kerala Government has been given time up till the third of January, 2020 to come up with the legislation, keeping in mind all aspects of the welfare of pilgrims visiting the temple.
The litigation comes in the review petition to the earlier judgment of the Supreme Court, allowing women of all ages enter the temple. The original plea was filed in the year 2011 which ignited the issue of administration of Sabarimala temple. The temple is presently being governed and administered by the Travancore Devaswom Board. On hearing before the Supreme Court, the counsel appearing for the state argued that it had formulated amendments to the law dealing with temples and their administration. As per their submissions, the draft law proposes to give one-third representation to women in the advisory committee governing the temple by amending the Travancore-Cochin Religious Institutions Act. As an interim measure, the state government represented by Senior lawyer Jaideep Gupta has proposed to offer representation in the temple advisory committee to women above the age of fifty years. However, the said argument was not entertained as the judgment passed in September 2018 allowed girls and women of all ages to have representation and to hold the field. Justice Ramana and Reddy asked the state government as to how there could be women in the committee when a seven-judge bench is still considering the issues in the matter, related to essential religious practices.
On an earlier occasion, in August this year, the state government had told the apex court that it suggested enacting a ‘separate legislation’ with regards to the administration of the Sabarimala temple. The matter got posted before a larger bench of seven judges when a five-judge constitution bench, headed by the then Chief Justice Rajan Gogoi referred it in a majority verdict 3:2. The matter is in a plea seeking review of the historic 2018 judgment which allowed women of all ages to enter the Sabarimala Temple in Kerala along with alleged discrimination against Muslim and Parsi women. It has asked the State Government to stay clear of the controversy.
The counsel for the State, Gupta clarified that the decision to include women in the advisory board is a part of the ‘state’s liberal push’. He has agreed to submit a new draft in January, as directed by the court, putting the draft of the legislation to solely manage the temple. Justice BR Gavi also sought clarification about the factual and legal position of women entering the temple. To this, Gupta cited the restrictions which were in play previously on women in the age group from ten to fifty. In response, Justice Gavai said, “But as of now anybody can enter… right? As of now, the September 2018 judgment revoking prohibition on entry of women is what holds the field.”
