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?

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?