New Delhi:
The Supreme Court declined to pass any order on the issue of women’s entry in Kerala’s Sabarimala Temple on Friday. The top court said that it was not passing any order using its discretionary power, the seven-judge-bench will be constituted as soon as possible and the matter will be taken up after the reference is decided. Advocating for devotee Bindu, senior advocate Indira Jaising argued that the law is clear there has to be specific order of stay. However, Chief Justice SA Bobde retorted that the law might be in her favour but the reality is that the subject is very emotive. "We are exercising our discretion not to pass any order today." Chief Justice of Idnia observed that the 2018 judgment wasn't the last word and that since the matter has been referred to a larger bench, everyone should wait.
What is the Sabarimala issue?
The Tranvancore Devaswom Board has, since 1951, restricted the entry of women of menstrual age, i.e. between 10 years and 50 years, from entering the Sabarimala temple. On September 28, 2018 the Supreme Court opened the temple to women of all ages. However, massive protests were witnessed on 17 October 2018 when the temple was opened for the first time after the Supreme Court verdict. Protesters reportedly assaulted women activists, journalists, and other women who were trying to enter the temple.
Meanwhile, a review petition was filed against the September 2018 order. A five-judge bench of the apex court, led by then Chief Justice of India (CJI) Ranjan Gogoi, referred the issues to a larger bench, to consider the limits of the powers of the apex court in deciding conflicts between religion and other rights. However, court did not issue any stay on the entry of women.
According to sources, Kerala government has decided that the police will not be providing protection to women activists visiting the Sabarimala temple. Several ministers in the Pinarayi Vijayan cabinet have said that law and order must be maintained and "women activists should be keep away from the Sabarimala temple".
In view of the protests that broke out in 2018, post the Supreme Court's order allowing women of all ages to enter the Sabarimala temple, the government and the police, this time, have decided to take necessary measures to contain anything that may hinder peaceful worship.
