Can tradition be above Constitution? SC asks Sabarimala Temple Trust

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Making a scathing observation, the Supreme Court today asked Nair Sabha that has challenged entry of women in Sabarimala Temple whether a tradition can override constitutional provisions.

 “Can you tell women not to go to temple to worship,” asked Justice Dipak Misra while hearing the petition challenging entry of women in the Kerala temple.

The bench of Justices Dipak Misra and Kurian Joseph also asked the counsel appearing on behalf of Nair Sabha whether women are allowed in mosques?

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Meanwhile, senior advocate Indira Jaising, who was representing the intervener, Happy To Bleed, argued that men’s inability to control their temptation should not be the reason to prevent women from going to place of worship. “This organisation, Happy To Bleed, consists of both men and women, and we are against any form of discrimination based on menstruation. It is not justified to deny women entering the temple premises just because men need to observe celibacy for 41 days,” she further argued.

The matter which was partially heard, will now be taken up on April 13.

 

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