New Delhi: The Supreme Court Wednesday said women have the constitutional right to enter Sabarimala temple in Kerala and pray like men without being discriminated against.
A five-judge Constitution bench headed by Chief Justice Dipak Misra, which is hearing a petition challenging the decision of the Devaswom board banning entry of women aged between 10 and 50, said that even if there was no law, the women cannot be discriminated against with regard to offering prayer in a temple.
“When a man can enter, a woman can also go. What applies to a man, applies to a woman also,” the bench also comprising justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra observed. “The right to enter a temple is not dependent on a legislation. It is the constitutional right,” the bench said, adding that this right is enshrined under Article 25 and 26 of the Constitution.
The top court was informed by the Kerala govt that it also supported the entry of women of all age groups in the temple.
The bench then referred to the contrary affidavits of the Kerala government which had in 2015 had supported the entry of women but made a U-turn in 2017 and opposed the entry.
The counsel for the Kerala government said that it would go by its first affidavit and support the cause of women. “You are changing with the changing times,” the bench remarked.
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