Justice Indu Malhotra
The Supreme Court on Friday lifted the age-old ban on the entry of women into the famous Sabarimala Temple.
Interestingly, Justice Indu Malhotra, the loan woman judge on the bench, differed with her all other male colleagues.
In her dissenting verdict, Justice Malhotra said, "What constitutes essential practices of religion is to be decided by worshippers and it is not for the judiciary to adjudicate."
The five-judge constitution bench headed by Chief Justice Dipak Misra, in its 4:1 verdict, said that banning the entry of women into the shrine is gender discrimination and the practice violates rights of Hindu women.
"The practice of age restriction on women entry to Sabarimala temple can't be treated as an essential religious practice," said the court while lifting the ban.
Reacting to Justice Indu Malhotra's dissenting judgement, Senior Supreme Court lawyer Indira Jaising said that she was sad that it came from a woman judge.
"While I disagree with Justice Indu Malhotra, she has an opinion which must be read, I am sad though that a dissent in Shabrimalai came from a woman judge," Indira Jaising said.
Here's what Justice Indu Malhotra said in her dissenting judgement:
In her dissenting judgement, Justice India Malhotra opined that the Sabarimala Temple verdict will have affect other places of worship as well.
"The issue in this case not limited to Sabarimala only. It will have far reaching implications for other places of worships," she added.
She was of the view that it is not for courts to determine which religious practices are to be struck down except in issues of social evil like 'Sati'.
"It is not for courts to decide if such practices should be struck down. Rationality cannot be used to judge faith. All followers must be allowed to follow their own faith as per their own beliefs in a secular polity." said Justice Malhotra.
Women of menstrual age, for centuries, were restricted from entering Sabarimala temple as the presiding deity, Lord Ayyappa, is considered to be a celibate.
(With inputs from PTI)
