NEW DELHI, Apr 21: The Supreme Court of India on Tuesday questioned whether the Constitution would not come to the rescue of a devotee who is barred from touching a deity, during hearings on petitions related to religious practices at the Sabarimala Ayyappa Temple.
The observation came after the temple’s chief priest argued that worship practices must align with the inherent characteristics of the deity and cannot be in conflict with them.
A nine-judge Constitution bench, headed by Chief Justice Surya Kant, is examining issues concerning alleged discrimination against women at places of worship and the scope of religious freedom under the Constitution.
During the hearing, Justice Ahsanuddin Amanullah posed a key question, asking whether a deeply devoted believer could be denied the right to touch a deity based on birth or other factors, and if such exclusion would not warrant constitutional protection.
Appearing for the temple’s ‘thantri’, senior advocate V. Giri argued that rituals and ceremonies are integral to religion and fall within the ambit of essential religious practices protected under Article 25.
He contended that worshippers must accept the defining characteristics of a deity, including the concept of “Naishtika Brahmachari” (eternal celibacy) associated with the Sabarimala shrine.
The court is also examining whether such denominational practices can be subject to judicial scrutiny under the broader constitutional framework.
The matter stems from the 2018 verdict in which a Constitution bench allowed entry of women of all age groups into the Sabarimala temple, declaring the earlier ban unconstitutional. The issue was later referred to a larger bench in 2019 for a comprehensive review of similar practices across religions.
The hearing in the matter is ongoing. (Agencies)
