Kerala govt modifies stand on Sabarimala women entry
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Thiruvananthapuram: Ahead of the upcoming assembly election, the Communist Party of India (Marxist)-led Left government in Kerala has softened its earlier stance supporting women’s entry into the Sabarimala Temple, citing past experiences and reactions from devotees, including women.
In an affidavit submitted to the Supreme Court of India on Saturday, the state avoided clearly supporting or opposing the entry of women of all ages to the shrine.
In response to the court’s queries, the government referred to an affidavit it had filed in 2007 and suggested that opinions from social reformers and religious scholars should be considered before arriving at a decision. It also noted that previous experiences related to the Sabarimala issue, as well as the reactions of devotees, supported this approach, TNIE reported.
The reference was widely seen as an acknowledgement of the intense protests and political backlash that followed the government’s earlier attempt to implement the court’s verdict permitting women of all ages to enter the temple.
On the question of judicial review of long-standing religious practices, the state argued that any such review should take place only after extensive consultations with respected religious scholars and well-known social reformers from the concerned faith. The affidavit did not repeat the government’s earlier emphasis that no one should be denied the right to worship.
The shift in tone reportedly came after the CPM secretariat decided that the party should adopt a strategic position ahead of the elections. As a result, the party chose not to take a clear stand on the issue of women’s entry and instead moved towards a neutral position.
Responding to another query from the court about whether a person outside a religious denomination can challenge a practice within that group through a public interest litigation, the state said such intervention would generally be unwarranted. However, it added that outsiders could raise questions if a religious practice involved serious violations of human rights.
The government further stated that determining whether a practice is essential to a religion should primarily depend on the tenets of that faith and whether the community that follows the religion regards the practice as integral to it.
At the same time, the affidavit highlighted that Article 25(2)(b) of the Constitution empowers the state to enact laws aimed at social reform and to open Hindu religious institutions of a public nature to all sections of Hindus, including those associated with denominational institutions.
The affidavit was filed by standing counsel Nishe Rajen Shonker after consultations with senior advocate Jaideep Gupta, Advocate General K Gopalakrishna Kurup and Special Government Pleader V Manu.