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Regular-article-logo Friday, 26 April 2024

‘Discreet’ Supreme Court issues no order on Sabarimala entry

SC clarified that the 2018 judgment lifting the centuries-old ban on the entry of women of childbearing age remained in force

Our Legal Correspondent New Delhi Published 13.12.19, 09:15 PM
Ayyappa temple at Sabarimala in Kerala

Ayyappa temple at Sabarimala in Kerala (Shutterstock)

The Supreme Court on Friday refused to direct the Kerala government to facilitate female devotees’ entry into the Sabarimala temple, citing the “very explosive” situation in the country.

It, however, clarified that the 2018 judgment lifting the centuries-old ban on the entry of women of childbearing age remained in force, without any stay on it.

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“We know the law is in your favour but we’re using our discretion and will not be passing any order,” Chief Justice S.A. Bobde told senior counsel Colin Gonsalves and Indira Jaising.

“In our country, the situation has become very explosive.”

The bench, which included Justices Bhushan Gavai and Surya Kant, may have been alluding to the turmoil over the Citizenship (Amendment) Bill and hinting that a Sabarimala directive could worsen law and order.

“This is one of those issues where we don’t want any violence…. This is… an emotive issue and that’s probably the reason the matter has been referred to a larger bench,” Justice Bobde said.

The matter had recently been referred for consideration by a seven-judge bench, which is yet to be constituted.

Gonsalves and Jaising were separately representing two women petitioners, Rehana Fathima and Bindu

Ammini, who have alleged that women continue to be barred from the temple despite a five-judge bench quashing the ban in September 2018.

On Friday, the bench directed the Kerala police to provide adequate protection to the two petitioners, who said they faced constant threats from people opposed to the entry of women aged between 10 and 50.

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