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Religious scholars must be consulted before changing any religious practice : Keralam Govt

  • Keralam Govt changes its stand in the judicial matter regarding entry of women into Sabarimala Temple

  • Hearing to be held before a 9-judge Constitution Bench of the Supreme Court

Thiruvananthapuram (Keralam) – The years-old traditional ban on the entry of women between the ages of 10 and 50 into the famous Sabarimala Temple in Keralam was lifted by a 5-judge bench of the Supreme Court in 2018 by a 4 Vs 1 vote. The Court declared the ban unconstitutional and allowed entry of women of all ages into the temple. At that time, the Keralam Government led by Pinarayi Vijayan strongly supported this decision, which led to massive protests across the State. Now, the matter will be heard again by a 9-judge Constitution Bench and this time the Keralam Government has changed its stand. The Government, which was adamant earlier about strictly implementing the Court’s decision, has now taken the stand of considering the views of religious scholars and social reformers before making changes in religious practices.

Faith should not be tested by logic : Keralam Govt.

In its written reply submitted to the Supreme Court on March 14th, the Keralam Government said, “While conducting judicial review, one should not consider whether a religious practice is rational or not, or whether it is in harmony with sentiments. Instead, one should see whether the belief is sincerely considered as part of religious observance. It is necessary in the interest of justice to seek the views of eminent scholars and eminent social reformers of that religion before changing the religious tradition that has been going on for many years.”

While hearing the review petitions filed against the 2018 verdict, a 5-judge bench in November 2019 had said by 3 Vs 2 that the verdict could have implications for other religions as well, and therefore required further consideration. The review petitions should be kept pending till the larger bench gives its verdict. After this, the matter has been referred to a 9-judge Constitution Bench, which will decide the following 7 important questions.

1. What is the relationship between freedom of religion under Articles 25 and 26 of the Constitution and other provisions of Part 3 ?

2. What is the scope of the limitations of ‘public order, morals and health’ mentioned in Section 25(1) ?

3. What is the meaning and scope of the word ‘morality’ in Articles 25 and 26, and should it include Constitutional morality ?

4. What are the scope and limitations of judicial review in relation to the recognition of essential religious practices ?

5. What is the meaning of the expression ‘class of Hindus’ used in Section 25(2)(b) ?

6. Are essential religious practices protected under Article 26 ?

7. Can a person raise questions about the practices of a religious sect by filing a PIL even if he is not affiliated with that religious sect ?

Position on Constitutional Ethics

The Keralam Government clarified that morality cannot be determined by changing personal beliefs. It must be linked to Constitutional principles such as equality, non-discrimination and the eradication of untouchability. However, if a practice is against the law or against social norms, it cannot be accepted in the name of religion.

What is the tradition of entering the Sabarimala temple ?

Deity Ayyappa is worshipped in the Sabarimala Temple in a celibate form. Due to this tradition, women between the ages of 10 and 50 were banned from entering. According to the beliefs of devotees, to maintain the energy of the Deity’s celibacy and penance, women of menstruating age are considered to be barred from entering.

Editorial Perspective

Why didn’t the Government take this stand earlier while deciding to allow women in this age bracket to enter the temple ? This proves that the communist Government in Keralam wants to destroy the customs and traditions of Hindus.

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