PTI New Delhi, Delhi, India
Feb 15, 2019, 07.50 AM
Attaching impurity to a woman during the menstrual period is an abrasion to entire humanity, said Kerala government in a written submission in the Supreme Court on Sabarimala review petitions.
"Attaching impurity to a woman during the menstrual period is an abrasion to entire humanity and abhorrent to civilised society as menstruation is a natural process and is essential for procreation," the state submitted.
Senior advocate Vijay Hansaria, on behalf of State of Kerala submitted that since there can be no human beings without women's menstruation "hence, argument for exclusion of women during menstruation period on ground of impurity is a worst kind of exclusionary practice and is an anathema to humanity itself apart from being stigmatic and oppressive".
It also said that the protection under Article 26 of the Constitution to manage religious affairs was available only to "every religious denomination or section thereof" and not to devotees of a particular temple or deity.
The written submission prepared by Hansaria and advocate Sneha Kalita said that the top court has consistently held that a 'religious denomination', fulfilling the criteria of a common faith, common organisation and the designation of a distinctive name can only claim right under Article 26 of the Constitution.
However, it said, that the devotees of the Sabarimala temple do not fulfil this criterion.
The state government submitted that the restriction on entry of women was only during Mandalam, Makaeavilakku and Vishnu days and on other days, the temple was open to women worshippers of all age groups.
It said that the mere presence of a woman of a particular age group cannot be assumed to affect the celibacy of the deity and the said argument derogates the dignity of a woman and recognises even a female child of 10 years as a "source of deviation" for the deity's celibacy.
The state government submitted that the restriction on entry of women was only during Mandalam, Makaeavilakku and Vishnu days and on other days, the temple was open to women worshippers of all age groups