Sabarimala Case: Justice Nagarathna Declares Women Cannot Be Deemed 'Untouchables'

The Sabarimala case centers on a long-standing tradition at the Ayyappan Temple in Kerala, which restricted the entry of women aged 10-50, citing the deity's celibate nature and menstrual impurity.

In 2018, a five-judge Constitution Bench of the Supreme Court, by a 4:1 majority, ruled that the ban was unconstitutional.

However, this verdict faced widespread protests and multiple review petitions, leading to a referral of the broader constitutional questions to a larger bench. The Supreme Court is currently re-examining these fundamental constitutional questions, including the relationship between freedom of religion, gender equality, and the rights of religious denominations. Justice Nagarathna's observation directly addresses the discriminatory basis of the temple's traditional ban, linking it to practices that evoke historical injustices like untouchability and reinforce patriarchal notions of impurity, which are antithetical to constitutional values. This judicial intervention underscores the judiciary's role as a of constitutional morality and fundamental rights, particularly Article 14 (equality before law), Article 15 (prohibition of discrimination), and Article 17 (abolition of untouchability). The ongoing legal process and the judge's remarks highlight the complex interplay between religious freedom, gender justice, and social reform in India. The eventual decision will have profound implications for the interpretation of religious practices under the Constitution and the rights of women in accessing public spaces of worship.