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Breaking: SC To Hear Fresh Petitions Against Sabarimala Judgment After Considering The Review Petitions

The Supreme Court bench of Chief Justice Ranjan Gogoi and Justices S. K. Kaul and K. M. Joseph adjourned the hearing on the fresh four petitions regarding the entry of menstruating women between the ages of 10 and 50 years to the Sabarimala Temple.

The 49 review pleas are scheduled to be heard in chambers by the Chief Justice and Justices Rohinton Nariman, A. M. Khanwilkar, D. Y. Chandrachud and Indu Malhotra at 3 PM on Tuesday.

“First the review petitions will be heard. After the orders on the review petitions, we will deal with these writ petitions. Please wait till 3 PM. If the review pleas are dismissed, we will take up the writ petitions. If they are allowed, we will tag the writ petitions with the review”, stated the Chief Justice.

Earlier the Bench has turned down the request for an open court hearing of the review petitions against the September 28 verdict of the apex court in the Sabarimala controversy.

When an Advocate ‘mentioned’ an affidavit on behalf of the ‘Thanthri’ of the Sabarimala Temple for a hearing of the 49 review pleas in open court, the Chief Justice observed,

“You are not being fair to the bench. The matters are coming up at 3 PM today. We do not want to say anything more than that”

The review petitions will be considered in chambers by the Chief Justice and Justices Rohinton Nariman, A. M. Khanwilkar, D. Y. Chandrachud and Indu Malhotra at 3 PM later on Tuesday.

The review petitions, by inter alia the Nair Service Society and the National Ayyappa Devotee(Women) Association, rely heavily on the dissenting judgment of Justice Indu Malhotra to contend that constitutional parameters of rationality cannot be blindly applied to matters of faith.

The review petitions also state that the Court erred in entertaining the PIL without examining the locus standi of the petitioner. It is contended that no woman devotee of Lord Ayyappa would want to visit Sabarimala temple, and hence the Court erred in adjudicating the issue on a petition filed by a party who is totally alien to the temple customs.

Further, it is pointed out that Court wrongly concluded that the basis of prohibition was physiological nature of women. According to the review petitioners,the practise was rooted in the “naishtika brahmachari” character of deity, as per which the deity cannot be in the presence of women. The practise is therefore not derogatory to the dignity of women, it is argued.

A five-judge constitution bench by a ratio of 4:1 had held that women of all age groups should be allowed entry in Kerala’s Sabarimala Temple.

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  • Hariharan Kartha says:

    Just a thought : Sabarimala deity is naistic brahmachari an eternal celibate meaning not coming face to face or in contact with or being attracted by opposite sexboth physically and emotionally, particularly of reproductive age to avoid distraction of the character of lord Ayyappa himself . In this context would it be be appropriate for us to ask ourselves the following questions to find an answer
    1.How does it affect the deitys character if a woman of reproductive age comes before him.
    2.To answer this it would be interesting to ask also the birth event of Lord Ayyappa himself from Mahavishnu and Parama Sivan both male gods attracted by the transformed female version of Mahavishnu which later turned into birth of Lord ..(Translating also to lord Jesus birth event from a Virgin Mary too only for academic purpose.)
    3. Then question as to what happens to the naishtic brahma chari in such a situation where his concentration and mental state gets deranged from his naishtic character which is violated by such women of reproductive age.
    4. Would it also not be proper to remember Ayyappan refusing to giving malikapurathamma to be close to his abode and the promise made that he would accept her the day no Kanya Ayyappay visits his abode for prayers.
    5. Would it not also be interesting to connect the lord Ayyappa s vow to remain in celebracy to his mother queen of Panthalam who hid her wish the deportation of the lord to forest in the guise of bringing tiger milk for her treatment as suggested by kottaram doctor,an impossible act made possible by the lord and seen through his third eyes he cheating behind .