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“where a man can enter, a woman can go”, Says Top Court in Sabarimala Temple case

The Supreme Court headed by the Chief Justice of India, Deepak Mishra said that the no women in her menstrual cycle is prohibited to enter the Sabarimala Temple as it amounts to the practise of untouchability.

CJI Deepak Mishra said the exclusion of the women irrespective of their age whether its 10 or 50 in the temple has no concepts. Once the temple is opened, everyone is allowed to offer prayers to the God. After discovering that the Temple’s fund comes from the people coming all over the world and therefore it should be considered as the “public place of worship”.

Mishra said, “In a public place of worship, a woman can enter, where a man can go. What applies to a man, applies to a woman”.

As the top court passed the order, Kerala Government supported the decision although they opposed the same issue in 2016.

Indira Jaising, a senior advocate talked about the challenge and said, “There is nothing in health, morality or public order that prevents a woman from entering and offering worship in a temple opened for the public. The prohibition in Sabarimala is discriminated not just on gender but sex. Menstruating women are viewed as polluted”.

The statement released by the Supreme Court quoted Article 25 which says that all persons are equally entitled to freedom of conscience and the right to profess, practise and propagate religion.

As per the Rule 3 (b) of the Kerala Hindu places of Public Worship Rules, 1965, women between the age group of 10 to 50 years are banned which is a discrimination and violation of the fundamental rights to equality and gender justice.

One of the senior advocate also said, “This is violation of women dignity and privacy and amounts to involuntary disclosure”.

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