Sabarimala Verdict: 'Suppression of women on biological aspects can't be given a seal of legitimacy', CJI Dipak Misra gives out a historic judgment on Sabarimala Temple

In a historic verdict on Friday, the Supreme Court of India cracked down on the age-old tradition and opened the doors of Sabarimala Temple to women of all age groups. While lifting the ban on entry of women, the court said that 'biological or physiological reasons cannot be accepted in freedom for faith'. Justice Indu Malhotra presented her dissenting opinion and passed the judgment with a 4:1 majority.  

The Chief Justice of India, Dipak Misra, said that ' Sabarimala ban is religious patriarchy', he said.

"Historically women have been treated with inequality. Society has to undergo a perception shift. Any relationship with the creator is a transcendental one. Suppression of women on biological aspects cannot be given a seal of legitimacy.

"Patriarchy cannot overwhelm religion. Religion is a way of life. Biological or physiological reasons cannot be accepted in freedom of faith. Subversion of women on physiological factors cannot be allowed", he added.

Furthermore, he declared 'the discrimination act as unconstitutional and violative of Fundamental Rights'.

"The practice in the Sabarimala temple of not allowing women is discriminatory to the woman’s right to practice her religion. Women have fundamental rights to practice their religion. The rule that bans women is in clear violation of it".

The practice of exclusion of the women of the age group 10-50 cannot be regarded as an essential religious practice. This exclusionary practice is neither an essential nor an integral part of the Hindu religion. Right to worship ought to be given to all devotees without discriminating on the basis of religion", he added.

Read: Sabarimala Verdict: Will Women Be Allowed To Enter The Sabarimala Temple? 5-judge Bench To Pronounce The Verdict. LIVE UPDATES Here

Earlier in August, the Supreme Court had said that women have the constitutional right to enter Sabarimala temple in Kerala and pray like men without being discriminated against. A five-judge Constitution bench headed by Chief Justice Dipak Misra, which is hearing a petition challenging the decision of the Devaswom board banning entry of women of age group 10-50 years, said that even if there was no law, the women cannot be discriminated against with regard to offering prayer in a temple.

"When a man can enter, a woman can also go. What applies to a man, applies to a woman also," the bench also comprising justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra observed.

The bench also added that the right is enshrined under Article 25 and 26 of the Constitution:

"The right to enter a temple is not dependent on a legislation. It is the constitutional right".