Entry of women in Sabarimala temple: Justice Indu Malhotra lone dissenter in Supreme Court bench

The lone dissenting voice in the verdict on the entry of women in Sabarimala temple, Justice Indu Malhotra said that "issues which have deep religious connotation should not be tinkered with to maintain the secular atmosphere in the country."

Also Read:Supreme Court lifts ban on women's entry to Sabarimala temple in Kerala

India's top court allowed women of all ages to enter the Sabarimala shrine in Kerala which was previously denied to women aged between 10 to 50 years.

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Disagreeing with the other judges,Justice Indu Malhotra said: "It is not for courts to determine which religious practices are to be struck down except in issues of social evil like 'Sati'."

Justice Malhotra said that Lord Ayyappa devotees form separate religious denomination worthy of protection.

"It is not for the court to interfere in religious practices even if it appears discriminatory, Malhotra said, while adding that right to "equality conflicts with theright to worship of devotees of Lord Ayyappa."

"Issue in this case not limited to Sabarimala only. It'll have far-reaching implications for other places of worships,"Indu Malhotra observed.

"India has diverse religious practices and constitutional morality would allow anyone to profess a religion they believe, she said, while asserting that notions of "rationality cannot be brought into matters of religion".

"Equality doctrine cannot override fundamental right to worship under Article 25," Indu Malhotra said while deliveringthe verdict on the case.

The verdict which was carried with a 4-1 ratio with Malhotra being the only judge disagreeing with the Supreme Court Bench. Justice R F Nariman and D Y Chandrachud concurred with the CJI.

Apart from Indu Malhotra, the Bench comprised of Chief Justice Dipak Misra, Justices RF Nariman, AM Khanwilkar and DY Chandrachud.

Chief Justice of India(CJI) Dipak Misra while delivering the verdict had said women cannot be treated as weaker or lesser while adding that "patriarchal notion cannot be allowed to trump equality in devotion."

Justice Chandrachud said the exclusion of women because she menstruates is "utterly unconstitutional".

"Religion cannot be used as cover to deny rights of worship to women. It is also against human dignity," Justice Chnadrachud said.

"Any custom or religious practice if violates the dignity of women by denying them entry due to her physiology is unconstitutional," Chandrachud added.