'Hindu Laws Don’t Discriminate, Sabarimala Deity A Brahmachari'

After Abhishek Singhvi, who was representing Travancore Devaswom Board of the Sabarimala Temple trust, submitted his arguments in the Supreme Court on 24 July, senior advocate K Parasaran began his submissions on Wednesday for the Nair Service Society.

He started by saying that Kerala is ahead in terms of women’s literacy and that some communities were even matriarchal in nature. “Hinduism is a very tolerant religion and Hindu laws don’t discriminate. However, ‘character' of the deity in Sabarimala; "Ayyappa is a 'naishtika brahmachari,” said Parasaran, reported Bar and Bench.

He elaborated on Article 25 (2) (b) and said that the state's right to make laws to throw open Hindu Temples to all classes and sections of Hindus does not include women within its scope.

ALSO READ: Women Undergo Social Conditioning From Birth: Sabarimala Case

"Why are women excluded?" asked CJI Dipak Misra and Justice Rohinton Nariman.

Parasaran then said that it is a special provision for backward classes who the society discriminated against and not allowed entry into temples.

Section 25 (b) (2) is to address caste discrimination because the Article applies only to Hindus. If it applied to women also, then it should have applied to all religions since discrimination against women is there in other religions also

Justice DY Chandrachud responded saying that Section 25 (2) (b) may not be relevant in this context as it enables the state to make the laws and because it excludes women from its paradigm.

Parasaran elaborated on the law, “Section 25 (b) (2) is to address caste discrimination because the Article applies only to Hindus. If it applied to women also, then it should have applied to all religions since discrimination against women is there in other religions also.”

Wednesday is the fourth day of Supreme Court hearing the arguments of petitioners in the Sabarimala case. Women for long have struggled to enter the inner sanctum of the Sabarimala temple in Kerala because it prohibits women of menstruating age to enter. The reason behind their non-entry is that women cannot perform the 41-day long Vratam because they menstruate and hence the temple trust bars them from entering.

On Thursday, the temple Tanthri’s advocate V Giri will present his arguments in the apex court.

More Stories by Poorvi Gupta