The Bombay High Court said the State was duty-bound to prevent gender discrimination on entry
to temples.
A Division Bench of Chief
Justice D.H. Waghela and Justice M.S. Sonak told the State that it was its
fundamental duty to ensure the fundamental right of women was protected. The
court said the State must enforce the law and if the government was not
sincerely doing it, “we will take some action.”
The court ordered the State,
the Home Minister and the Secretary, Home, to implement the provisions of the
Maharashtra Hindu Places of Public Worship (Entry Authorisation) Act, 1956, and
direct the Superintendents of Police and the Collectors to ensure compliance.
Acting Advocate-General Rohit
Deo said: “The State is against gender discrimin-ation. The State will ensure
due compliance with and enforcement of the Act…”
The court said this did not
translate into the entry of women. The Acting AG, however, clarified that if a
temple did not allow any person, irrespective of their gender, inside the
sanctum sanctorum, this Act and its provisions would not be of any help.
“However, if a temple allows
men in the sanctum sanctorum but prohibits women, this Act and its provisions
can be used.”
The court also said the
government should give wide publicity to the Act. The court had earlier stated
that any temple or person imposing restrictions could face a six-month jail
term under a law and asked the government to make a statement whether it was
worried about the sanctity of a deity.
The court was hearing a
public interest litigation petition filed by senior advocate Nilima Vartak and
activist Vidya Balan challenging the prohibition of entry of women into the Shani
Shingnapur temple. The petition seeks the entry of women not just into the
temple but also into the sanctum sanctorum.
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God is
everywhere but if a woman finds her faith in a temple idol, how can tradition
stand in the way of her right to worship? This question was posed by the
Supreme Court to the Sabarimala authorities on the “class grievance” of women
denied entry at the Kerala temple, presided over by a celibate deity.
“Any god or
goddess can be worshipped anywhere by anyone. The power is all around us,
omniscient. But you have structured god into an idol. Women want to come to
your temple and worship him there ... Why don’t you allow them,” Justice Dipak
Misra asked on Monday.
The Bench,
also comprising Justices V. Gopala Gowda and Kurian Joseph, is hearing a
petition filed by the Indian Young Lawyers Association and five women lawyers
seeking a direction to allow the entry of women in the Sabarimala Ayyappa
temple without age restriction. Women in the age group of 10-50 are not allowed
entry.
The ban,
Justice Misra observed, is considered “grave” as it endangers gender justice.
“There is this tradition, we understand, of not allowing women of a certain
age. But what we will decide is whether this tradition, this source of the ban,
overrides constitutional provisions... What right do you (temple authorities)
have to forbid women from entering any part of the temple? This is a class
grievance from women denied their right to worship,” Justice Misra said.
At one point,
Justice Misra asked senior advocate K. Parasaran, who is assisting the court,
what the “protocol” of greeting would be if “your mother, father, Kul guru and
Kul purohit” are sitting in the same room.
“The
protocol is to greet the mother first,” Justice Misra himself responded.
The ban was
enforced under Rule 3 (b) of the Kerala Hindu Places of Public Worship
(Authorisation of Entry) Rules, 1965 (women at such time during which they are
not by custom and usage allowed to enter a place of public worship).
"Celibacy is not the exclusive privilege
of men. Article 25 of our Constitution says 'throw open' the doors of public
religious spaces to all human race. Are you saying that we are not part of the
human race?" "Is spirituality solely within the domain of men? Are
you saying that women are incapable of attaining spirituality within the domain
of religion?