New Delhi, Sep 28: The Supreme Court on Friday opened the gates of the Sabarimala temple dedicated to Lord Ayyappa in Kerala to the women in the 10-50 age group, saying the ban violated their fundamental rights and constitutional guarantees.
In a majority 4:1 judgment, the top court also read down the provision of Kerala laws that protected the prohibition and said it could not be covered under practices essential and integral to religious practice.
Justice Indu Malhotra, the only woman judge in the five-judges bench, gave a dissenting judgment.
Chief Justice Dipak Misra reading out the judgment, also on behalf of Justice A.M. Khanwilkar, said that subversion of women's rights under the garb of physiological phenomenon cannot be allowed.
"All devotees are equal and there cannot be any discrimination on the basis of gender," Misra said.
Justice Rohinton F. Nariman in a separate but concurring judgment said that people of all faiths visit the temples -- worshipers are not of separate denomination.
"Religion cannot become a cover to exclude and deny women their right to worship," Justice D.Y. Chandrachud also said in a separate but concurring judgment.
Holding that the Sabarimala temple is not a denominational temple peculiar to any sect, the court said that the Ayyappa temple belongs to Hindus and does not constitute a separate entity.
The apex court also read down the provision of Kerala laws that protected the practice of prohibiting the entry of women in the age group of 10 to 50 years.
Justice Indu Malhotra said: "What constitutes essential practices of religion is to be decided by worshippers and it is not for the judiciary to adjudicate.
"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.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
