Questioning the age-old tradition restricting entry of women of menstrual age group in the Sabarimala temple in Kerala, the Supreme Court said "it can't be done under the Constitution."
"The temple cannot prohibit entry (women), except on the basis of religion. Unless you have a constitutional right, you cannot prohibit entry," the bench headed by Justice Dipak Misra observed and agreed to examine the issue on February 8.
"Temple is a public place and everyone needed to have the right to access. At best, there can be religious restrictions and not a general restriction," the bench also said.
The bench also posed a query as to why women cannot be allowed inside and observed that the practice was not supported by the constitutional scheme.
It was hearing a PIL, filed by a group of lawyers seeking entry for all women and girls in the Sabarimala temple which, as a practice, does not allow girls after attaining puberty to enter the premises.
However, women, who have crossed menopause, are allowed.
The court sought to know from the government whether it was sure that women have not entered the temple premises in the last 1,500 years.
Senior advocate K K Venugopal, appearing for Kerala state, said the women, who have not attained menopause, cannot preserve the purity during the religious journey to the temple, located on a hilltop, which usually spans 41 days.
