India’s Supreme Court Reviews Women’s Temple Entry Rulings

The Indian Supreme Court has begun evaluating petitions that contest a 2018 ruling allowing women of menstruating age to access the Sabarimala temple in Kerala state. This decision, which permitted entry for women aged 10 to 50, has sparked renewed legal debates. A nine-judge constitutional bench, led by Chief Justice Surya Kant, will address related cases across various religious traditions, including whether women can be barred from Parsi temples or Muslim mosques, whether excommunication of individuals is permissible, and the validity of female genital mutilation practices.

The 2018 verdict, which overturned the temple’s longstanding ban, emphasized that excluding women during menstruation violated their religious freedom. Hinduism traditionally considers menstruating women unclean, leading many temples to restrict their entry. However, Sabarimala’s rule was more stringent, prohibiting all women within a specific age range from entering. The temple, dedicated to Lord Ayyappa, draws millions of male devotees annually, though elderly women and young girls also visit.

“Issues of deep religious sentiments should not be ordinarily interfered with by the court… Notions of rationality cannot be invoked in matters of religion.”

Indu Malhotra, the sole woman on the original five-judge panel that delivered the 2018 ruling, later dissented. She argued that the court should respect traditional practices. Her dissent ignited widespread protests in Kerala, with some women facing opposition or even assault when attempting to enter the temple.

Following these reactions, the Supreme Court received petitions seeking to revisit its 2018 decision. In 2019, a seven-judge bench was formed to assess the case, expanding its scope to include similar challenges from other faiths. Due to the constitutional significance of the issues, a nine-judge bench was established in 2020, but pandemic-related delays stalled progress. This new bench, announced recently, aims to resolve lingering legal questions.

Comprising Justice BV Nagarathna, the first female judge in India’s top court, and judges from diverse backgrounds, the panel reflects a deliberate effort to ensure broad representation. Legal analysts suggest this composition will strengthen the verdict’s credibility, especially as it navigates contentious religious norms. The review process has also drawn support from the federal government, which endorsed the petitions.

The hearings are scheduled to conclude on 22 April, with the court’s final ruling expected to shape future interpretations of religious practices and women’s rights in India.