Sabarimala: Supreme Court to hear petitions in open court on January 22; no stay on verdict

The Supreme Court on Tuesday, November 13, agreed to hear review petitions against its verdict, which lifted the ban on entry of women of all ages, on 22 January 2019. SC reiterated that there would be no stay on its verdict which allowed entry of women of all age groups in Sabarimala Temple.

National Association of Aayappa Devotees, Nair Service Society, and 17 other organisation have moved the review petition seeking recall of September 28 verdict.

The five-judge Constitution Bench headed by then Chief Justice Misra had junked the age-old tradition of the Lord Ayyappa temple by a majority verdict of 4:1.

It said that the ban on women in menstruating age group, whose presence at the Sabarimala temple was considered "impure", violated their fundamental rights and constitutional guarantee of equality.

Kerala government has opposed a plea seeking ban on entry of non-Hindus in Sabarimala Temple and stated before the Kerala High Court that temple is “secular” and said that entry of devotees based on their religion cannot be prohibited.

The review plea by the Nair Service Society, one of the petitioners, said "without holding that the questions raised related to matters of religion which are not within judicially manageable standards, the majority decision in substance has the effect of holding that the character of the deity can be altered based on individual faith and belief, in violation of the tenets of a particular religion and or religious sect".

The petitioners have also argued that besides “patent legal errors” in the verdict, the assumption that the temple practice is based on notions of menstrual impurity is "factually erroneous".

Pointing to massive protests against the verdict by women worshippers, the petitioners have contended that "the subsequent events that transpired after the judgment clearly demonstrate that overwhelmingly large section of women worshippers are supporting the custom of prohibiting entry of women.

Till November 9, a total of 550 women from the hitherto banned age group of 10 to 50 years have registered online for prayers at the Sabarimala temple during the upcoming festival season beginning on November 16.

According to the Travancore Devasom Board, till Friday close to 3.50 lakh pilgrims have booked for 'darshan' through the Kerala Police online facility. It includes 550 women between 10 and 50 years, the temple custodians said.