Sabarimala Case Returns to SC: Centre supports age-based restrictions

The Central government on Thursday backed the restriction on entry of women of menstruating age into Kerala’s Sabarimala Ayyappa temple , arguing that the Supreme Court’s 2018 judgment operates on the assumption that men are inherently superior and women occupy a lower pedestal.

The submission was made before a nine-judge Constitution bench , headed by Chief Justice Surya Kant , which is hearing petitions related to gender discrimination at religious places and the extent of religious freedom across faiths.

Solicitor General Tushar Mehta , representing the Centre, cited examples of other temples where gender-specific practices exist. He noted the Kottankulangara Sree Devi Temple in Kerala, where men annually dress as women during the Chamayavilakku festival , honoring the goddess in a centuries-old tradition. Mehta argued that such practices are woman-centric , underscoring that religious customs are not always male-dominated.

Additional Solicitor General KM Nataraj added that public morality , rather than constitutional morality, should govern such matters.

The issue traces back to September 2018 , when a five-judge Constitution bench, in a 4:1 verdict in the Indian Young Lawyers Association v. State of Kerala, lifted the ban preventing women aged 10-50 from entering the Sabarimala temple, declaring the centuries-old practice illegal and unconstitutional. Subsequently, in November 2019 , another five-judge bench, led by then Chief Justice Ranjan Gogoi , referred the broader question of gender-based restrictions in places of worship to a larger bench, stating that matters of religious freedom cannot be decided without examining the facts of each case.

The current hearings are expected to revisit these complex issues, balancing religious traditions, gender equality, and constitutional freedoms.