Among the questions referred to the bench include the question of whether or not any group of people - women in this case - can be prevented from entering a Hindu place of worship according to current laws.
Many historians trace the roots of the Sabarimala Temple - dedicated to Dharma Shastha and situated in a heavily forested area - to a Buddhist monastery that was located in the hilly area. "The temple can not prohibit entry (of women), except on the basis of religion".
The Supreme Court has, in the past, termed illegal traditional and religious practices that violate the fundamental rights guaranteed by the Indian constitution. Otherwise, we can not say it [India] is secular country. Article 15 of the Constitution places a clear constitutional obligation on the state to not discriminate against any citizen on grounds of religion, race, caste, sex, place of birth.
Another women's rights activist is also hoping that the SC rules in the favour of the women as India is a secular country. We understand the seriousness of issue. In November a year ago, after the Left government took charge in Kerala, there was a U-turn by the state government from its earlier stance and the affidavit stated that it was ready to allow women of all ages to enter Sabarimala. "Every right needs to be balanced but every balancing has its own limitations..." I am hoping that tomorrow entry of women in Sabarimala would be positive. "I am sure the judgement will also be very positive and landmark".
The apex court also framed a question whether restricting the entry of women at the temple was violative of their rights under the Constitution. "The restriction will be removed hopefully", Ghosh told a leading news channel.
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