NEW DELHI: The decades-old conflict between religious freedom and the constitutional right to equality has once again come to the forefront in the Supreme Court. A 9-judge constitutional bench, headed by Justice Surya Kant, is hearing petitions regarding the restriction of women's entry into various religious centers, including Sabarimala.
Strong Remarks from Justice B.V. Nagarathna
During the hearing, Justice B.V. Nagarathna, who hails from Karnataka, expressed serious concern over restrictions imposed in the name of religious denominations.
Threat to Unity: "Restricting temple entry based on denominations diminishes the unity of Hinduism. Everyone should have the right to enter temples and monasteries," she opined.
Breadth of Faith is Key: "If we start excluding others by claiming it is our denomination's custom, every small sect might follow suit in the future. Such discrimination should not exist in temples of a public nature," she warned.
What is the Argument of Religious Denominations?
Senior Advocate C.S. Vaidyanathan, representing the Nair Service Society and Ayyappa devotee organizations, cited Article 26(b) of the Constitution. His argument was: "We are a distinct religious denomination and have the autonomous right to decide our traditions. This should prevail over government interference."
Restrictions Exist for Men Too, Not Just Women!
An interesting point emerged during the hearing. The Central Government mentioned that special restrictions apply to men in several temples across the country, not just women. Key examples include:
Attukal Bhagavathy Temple (Kerala): Men are not allowed entry during the Pongala festival.
Brahma Temple (Pushkar): Entry into the sanctum sanctorum is prohibited for married men.
Kottankulangara Sree Devi Temple (Kerala): Here, men are allowed to seek the Goddess's blessings only if they dress up as women.
Chakkulathukavu Bhagavathy Temple (Kerala): Priority is given only to women during the 'Nari Puja.'
Bhagavathy Amman Temple (Kanyakumari): Since the Goddess is a celibate (Brahmacharini), married men are barred from entering the sanctum sanctorum.
Muzaffarpur Temple (Bihar): Only women are allowed entry during the days the Goddess is considered to be menstruating.
What is the Way Forward?
This tug-of-war between the rights of public temples and religious customs will determine the future of many religious institutions in the country. The Supreme Court's judgment is expected to be a new milestone, not just for Sabarimala, but for the balance between India's religious diversity and constitutional equality.