New Delhi: The observance of 41-day abstinence before undertaking a pilgrimage to the Sabarimala temple in Kerala is an impossible condition, the Supreme Court observed on Thursday. This had led to the ban on entry of women in the 10-50 age group to the temple, the apex court said.

A five-judge Constitution bench headed by chief justice Dipak Misra, hearing petitions challenging the ban, said women visited the temple out of devotion.

The observations by the bench came when senior advocate Abhishek Manu Singhvi, appearing for the Travancore Devaswom Board (TDB), which runs the over 800-year-old Lord Ayyappa temple, said that it was the only shrine in the world which observed the belief that women in the menstruating age should not be allowed inside.

Read more:  Kerala govt favours entry of women inside Sabarimala temple

The senior lawyer submitted that people from all castes and religions can visit the temple and only women in that particular age group were not allowed because it was impossible to observe abstinence for 41 days before undertaking the pilgrimage.

"This is imposition of an impossible condition. What you cannot do in law is being done by imposing this condition," the bench, also comprising justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra, said.

At the outset, senior advocate Raju Ramachandran, assisting the court as amicus curiae, said the exclusion of women in that particular age group was akin to untouchability which was prohibited under Article 17 of the Constitution.

"We are talking about the exclusion on the basis that menstruating women are impure. I seek expansion of Article 17 of the Constitution," he said.

Kerala backs women's entry

The Kerala government told the court that it supported the entry of women of all age groups to the temple. The arguments in the matter remained inconclusive and would resume on July 24.

The apex court had on Wednesday observed that the fundamental right of freedom to practice religion is provided to 'all persons' by the Constitution and women had the right to enter and pray like men at the shrine.

The bench had also termed as 'absurd' the notification of the TDB banning entry of women in the 10-50 age group.

The plea challenging the ban was filed by petitioners Indian Young Lawyers Association and others.

The apex court had on October 13, 2017, referred the issue to a Constitution bench after framing five 'significant' questions including whether the practice of banning entry of women of that particular age group into the temple amounted to discrimination and violated their fundamental rights under the Constitution.

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