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India's top court reviews women's entry rights in places of worship

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Supreme Court examines Sabarimala temple ruling

India's Supreme Court has begun hearings on petitions challenging its 2018 decision that allowed women of menstruating age to enter the Sabarimala temple in Kerala. The nine-judge constitutional bench, led by Chief Justice Surya Kant, will also address broader questions on women's access to religious sites across faiths.

Scope of the hearings

The bench will consider whether women can be barred from Parsi temples and Muslim mosques, the legality of excommunication by religious leaders, and the practice of female genital mutilation. Legal experts say the verdict will shape future rulings on women's religious freedoms and their right to enter places of worship.

Background of the Sabarimala case

The 2018 judgment overturned a long-standing ban on women aged 10 to 50 entering the Sabarimala temple, dedicated to Lord Ayyappa. The court ruled that excluding women was unconstitutional, stating that religious rights apply equally to all genders. However, Justice Indu Malhotra, the sole woman on the bench, dissented, arguing that courts should not interfere in matters of deep religious sentiment.

Public reaction and legal challenges

The verdict sparked protests in Kerala, with some women attempting to enter the temple facing resistance or assault. The Supreme Court later accepted review petitions and expanded the case to include similar disputes from other faiths. A seven-judge bench was formed in 2019, but hearings stalled due to the COVID-19 pandemic.

Bench composition and expectations

The current nine-judge bench includes Justice BV Nagarathna, the only female judge on the Supreme Court and the future chief justice. Judges from diverse religious, caste, and regional backgrounds have been selected to ensure the verdict's legitimacy. Legal analysts say the bench's rulings will set precedents for future cases involving gender and religion.

Broader implications

Women's groups have challenged long-standing traditions in temples, mosques, and shrines that exclude women. Cases include the denial of entry to Parsi women married to non-Parsis in fire temples and the practice of female genital mutilation among the Dawoodi Bohras. The Travancore Devaswom Board, which manages Sabarimala, has urged the court to respect faith-based practices, while the federal government supports reviewing the 2018 order.

Timeline

The hearings are scheduled to conclude on 22 April, with a verdict expected in the following months.

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