SC to women seeking protection for Sabarimala: It’s an emotive issue, please have patience

The Supreme Court on Friday refused to pass any orders on petitions seeking protection for women who wish to enter the Sabarimala temple in Kerala.The Apex Court also said that its 2018 order on Sabarimala temple issue was "not final" as the matter is pending before a seven-judge bench, which it said will be constituted soon. The three-judge bench headed by Chief Justice of India SA Bobde made few observations while passing an order on a petition filed by two activists Bindu Ammini and Fathima AS  seeking safe passage for women inside the shrine.

A bench headed by Chief Justice of India Justice SA Bobde told senior advocate Colin Gonsalves, representing Rehna Fathima after he complained that the Kerala Government was not allowing women to enter the temple said, "The situation at the moment is explosive. We don’t want any violence. This is an age-old practice going on for thousands of years. The balance of convenience requires that no order should be passed in your favour now. The matter is under reference and if it is ultimately decided in your favour, we will protect you,” the Bench said, adding that the matter has already been referred to a seven-judge Bench.

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'It’s an emotive issue'

The apex court, however, granted police protection to the two activists. On behalf of another petitioner Bindu Ammini, senior advocate Indira Jaising said the petitioners opposed violence. She requested the court to protect them on their visit to Sabarimala as there was no stay on the September 2018 verdict allowing entry of women of all age groups into the Sabarimala Temple.

“We know that the law is in your favour. It’s an emotive issue. That’s why the court thought it fit to refer it to a larger Bench. Please have patience. We are not saying don’t allow her to go in, but we are not looking at passing any order right now. If she can go and pray, we don’t have any problem. We get your point that a court would pass such an order. But we are using our discretion and will not be passing any order,” the Bench said.

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Plea for police protection

In November, a man had sprayed chili and pepper on Bindu's face when she was on her way to Sabarimala temple. Fathima had also tried to enter the shrine. Two women in their thirties had then approached the Supreme Court with a plea to direct the Kerala police to provide them protection for their intended pilgrimage to the famed forest temple during the ongoing season. The court refused to pass any other order in connection to the matter. They said a Constitution Bench lifted the ban on women of menstruating age to enter Sabarimala in a majority judgment on September 28, 2018. The State’s refusal to provide them protection was in gross contempt of the judgment, they argued. Allowing their review petitions, the court had last month referred the matter to a seven-judge bench. It is yet to be constituted.  

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