Entry of women to Sabarimala

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Women between 10 and 50 years of age were legally banned from entering Sabarimala between 1991 and 2018.

Sabarimala Temple is a temple of Shasta situated in Pathanamthitta District, Kerala, India.[1] Traditionally, women of reproductive age were not permitted to worship there. This restriction was explained as the need to respect the celibate nature of the deity (a young teenage male) in this temple.[2] A Kerala high court judgement provided a legal basis for this interpretation, and since 1991 the Indian law forbade women from entering the temple.[3]

In September 2018, a judgement of the Supreme Court of India ruled that all Hindu pilgrims regardless of gender could enter. The Constitution bench of the Supreme Court held that "any exception placed on women because of biological differences violates the Constitution" - that the ban violates the right to equality under Article 14, and freedom of religion under Article 25.[4][5]

This verdict led to protests by millions of Ayappa devotees who opposed the verdict.[6] A month later, about 10 women attempted to enter Sabarimala despite threats of physical assault against them but failed to enter it.[7][8] Defying ongoing protests, two women activists belonging to the previously barred age group finally entered the temple through the rear gate, in the early hours of 2 January 2019. When this alleged action was brought to the notice of the temple priests and authorities, the temple was closed for purification.[9][10]

In February 2019, the board overseeing the temple changed its stance and allow women of menstruating age to enter, hence withdrawing efforts to challenge the Supreme Court decision.[11]

Legend[]

Ayyappan is typically a celibate god. In some locations he is same as Aiyyanar shown above with wives Poorna and Pushkala.

Many legends exist about the god Ayyappa and how the temple came into being.

One of them concerns Ayyappan, the deity of Sabarimala Temple, who was celibate. When he defeated the evil demoness Mahushasuri, she turned into a beautiful young woman. Mahushasuri had originally been cursed to live the life of a demoness until the child born out of the union of Shiva and Vishnu defeated her in a battle. Ayyappan, being the abandoned son of Shiva and Mohini (an incarnation of Vishnu),[12][13] could therefore set her free after defeating her in the battle. After the battle, the young woman proposed to Ayyappan. However, he refused, explaining that he had been ordained to go to the forest, live the life of a brahmachari and answer the prayers of devotees.[14] However, the young woman was persistent, so Ayyappan promised to marry her the day kanni-swamis (new devotees) would stop visiting him at Sabarimala. Unfortunately for the woman, Sabarimala was visited by kanni-swamis every year, and she was not able to marry Ayyappan. The woman is worshipped as goddess Malikappurathamma at a neighbouring temple.[15]

History[]

According to the Memoir of the Survey of the Travancore and Cochin States, published in two volumes by the Madras government in the 19th century, women of menstruating age were denied entry to the Sabarimala temple even two centuries ago. Though Benjamin Swain Ward and Peter Eyre Conner, lieutenants of the Madras Infantry, completed the survey at the end of 1820 after nearly five years of research, it was published in two volumes in 1893 and 1901. "Old women and young girls may approach the temple, but those who have attained the age of puberty and to a certain time in life are forbidden to approach as all sexual intercourse in that vicinity is averse to this deity (Lord Ayyappa)," the report said. [16] Before 1991, when the Kerala High Court forbade the entry of women to Sabarimala, there had been various female visitors to the temple, although mostly for non-religious reasons.[17] There are records of women pilgrims visiting the temple to conduct the first rice-feeding ceremony of their children (Chorounu) at the temple premises.[18] On 13 May 1940, even the Maharani of Tranvancore is recorded to have visited the temple.[19][failed verification][20] In 1986, when young actresses Jayashree, Sudha Chandran, Anu, Vadivukkarasi and Manorama danced near the deity at the pathinettam padi (18 steps) for the Tamil movie Nambinar Keduvathillai, a fine of Rs. 1000 each was imposed on the actresses and the director of the movie. The Devaswom Board, the board in charge of the maintenance of the temple and premises, was also fined Rs. 7500, because it had given the director permission to film at Sabarimala.[21] Former Karnataka minister Jayamala has also claimed to have entered Sabarimala at the age of 27 and touched the idol in 1986.[22][23]

In 1990, the rice feeding ceremony of the granddaughter of the former Devaswom commissioner was held at Sabarimala in the presence of female relatives.[21][24] Following a court case in connection with this event, the high court of Kerala prohibited the entry of women between 10 and 50 years of age to Sabarimala.[24] In 1995, the then district collector Valsala Kumari (then aged 42) visited the Sabarimala shrine (although not climb the pathinettam padi (18 steps) to the inner sanctum) under special permission. Her goal was to get first-hand information about the conditions at the temple in connection with her official duties. In doing so, she became the first woman whose visit was recognised as legitimate by the temple's authorities.[25] In the same year, the local press reported the story of two young women, possibly wives of VIPs, who entered the shrine despite police oversight.[25] In January 2018, temple authorities made it mandatory for female devotees to furnish proof of their age when visiting Sabarimala.[26]

Kerala High Court verdict[]

In 1990, S Mahendran started a legal petition, alleging that young women were visiting Sabarimala.[24] The verdict on the petition came in 1991 where Justices K. Paripoornan and K. Balanarayana Marar of the Kerala High Court banned entry of women between ages 10 and 50 from worshipping at Sabarimala, stating that such restriction was in accordance with customs prevalent for a long time.[27] In addition, the High Court directed the Government of Kerala to use the police force to enforce the order to ban entry of women to the temple.[28] The final decision of the court was as follows:[29]

Such restriction (restriction of women entry) imposed by the Devaswom Board is not violative of Articles 15, 25 and 26 of the Constitution of India. Such restriction is also not violative of the provisions of Hindu Place of Public Worship (Authorisation of Entry) Act, 1965 since there is no restriction between one section and another section or between one class and another class among the Hindus in the matter of entry to a temple whereas the prohibition is only in respect of women of a particular age group and not women as a class.

Supreme Court verdict[]

Indian Young Lawyers Association vs The State Of Kerala
Emblem of the Supreme Court of India.svg
CourtSupreme Court of India
Full case nameIndian Young Lawyers Association & Ors. v. State of Kerala & Ors.
Decided28 September 2018
Citation(s)WRIT PETITION (CIVIL) NO. 373 OF 2006
Court membership
Judges sittingDeepak Mishra, A.N. Khanwilkar, Rohintan Nariman, Indu Malhotra, D.Y. Chandrachud Reddy, S. N. Dwivedi,
Case opinions
MajorityDeepak Mishra, A.N. Khanwilkar, Rohintan Nariman, D.Y. Chandrachud
DissentIndu Malhotra

In 2006, six women, members of the Indian Young Lawyers' Association, petitioned the Supreme Court of India to lift the ban against women between the ages of 10 and 50 entering the Sabarimala temple.[30] They argued that the practice was a violation of their constitutional rights and questioned the validity of provisions in the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules Act of 1965 which supported it.[31]

On 28 September 2018, the Supreme Court of India ruled that women of all age groups could enter the temple of Sabarimala.[32] The court ruled thus:

We have no hesitation in saying that such an exclusionary practice violates the right of women to visit and enter a temple to freely practise Hindu religion and to exhibit her devotion towards Lord Ayyappa. The denial of this right to women significantly denudes them of their right to worship.

The verdict was passed with a 4-1 majority with Chief Justice Dipak Misra, and Justices A. M. Khanwilkar, R. F. Nariman and D. Y. Chandrachud supporting the admission of women to the temple, while Justice Indu Malhotra dissented.[33] Indu Malhotra stated that every individual should be allowed to practice their faith irrespective of whether the practice is rational or logical. The Supreme Court based their decision on the violation of Article 25 (Clause 1) and Rule 3(b) of Kerala Hindu Places of Worship.[33]

On 14 November 2019, The Supreme Court Constitution Bench referred the review petitions as well as the writ petitions to a larger bench of not less than seven judges, to be constituted by the Honourable Chief Justice of India. Larger benches had also consider similar cases such as the Entry of Muslim women in Durgahs / Mosques, of Parsi women married to a non-Parsi into the holy fire place of an Agyar[clarification needed]and the practice of female genital mutilation in the Dawoodi Bohra community.[34] The decision to refer the petitions was supported by the Chief Justice Ranjan Gogoi and Justices Ajay Manikrao Khanwilkar and Indu Malhotra. Justices Rohinton Fali Nariman and Dhananjaya Y. Chandrachud dissented.[34]

Arguments against the entry of women[]

Some believe that such restrictions are as per traditions to respect the deity of the temple; similar to this there are restrictions against men too in several prominent temples, for example, the Brahma temple, Pushkar.[35][36][37] J. Sai Deepak, the lawyer representing two women's groups and a devotee sangam in the Supreme Court case[38] has argued that the deity Ayyappan should be considered as a person, and should be given the Constitutional right to privacy under Article 21, thus restricting women of menstruating age from visiting him per his will.[39] Prominent Jain Acharya Yugbhushan Suri Maharaj, also known as Pandit Maharaj, has said that sanctity was a religious issue and that it was connected to fundamental religious rights. Commenting on the Sabarimala temple row, Pandit Maharaj told IndiaToday.in, "Whether it is Sabarimala or Jharkhand's Shikharji, the agitations are for sanctity," adding, "Religion talks about inner belief and sanctity. This should be respected. I am not against the judiciary or the Supreme Court, but they should not overlook the belief of the people."[40] Also, Art of Living founder Ravi Shankar batted for the rules that have been traditionally followed at the sanctum sanctorum of the Ayyappa Temple in Sabarimala.[41] Some women choose to not enter the temple believing that it would be an insult to Malikappurathamma's love and sacrifice.[15] Others believe that Ayyappan himself placed restrictions on women entering the temple because he wanted to be celibate, and the presence of women of reproductive age group would distract him from this cause.[14] Others simply cite the at least 500-year-old tradition should be continued to be practised.

Another point that was raised against the women was the fact that there are multiple temples dedicated to the Hindu deity Ayyappa ([42]). Out of the many temples dedicated to Ayyappa, only one temple restricts the entry of women of reproductive age.

There is also a rule for men who want to pray at the temple that they have to take vow of celibacy for 4 weeks which tells that not even all men are allowed entry in the temple.[better source needed]Another argument is that the Sabarimala temple is situated on the top of a hill surrounded by mountains and dense forests, which some regard as physically challenging to women to navigate.[43] An official of Sabarimala has pointed out that there will be lack of adequate sanitation facilities for women, thus making their journey difficult.[44] Hospital facilities are also sparse.[44] Some argue that female pilgrims will 'distract' the male pilgrims who follow a 41-day period of strict abstinence from sex.[45] A statement by the Travancore Devaswom Board president stated that allowing women to the temple will lead to 'immoral activities' and turn the place into 'a spot for sex tourism like Thailand'.[46][47]

Arguments in favour of the entry of women[]

Those in favour of allowing women entry to the Sabarimala temple concentrate on the specific point that menstruation is not impure, and the more general point that women deserve equal rights.[48] Some have pointed out that women are allowed to enter other temples of Ayyappan, so that making an exception for Sabarimala is unusual and inconsistent.[49] A frequent criticism is that claims that women are impure, based on the physiological process of menstruation, is gender discrimination.[50]

According to the leftist historian, Rajan Gurukkal, there is "neither ritual sanctity nor scientific justification" for the argument of menstrual pollution. He opines that the shrine was originally a "cult spot" for a tribal deity, Ayyanar, of local forest dwellers before it became a place of worship for Ayyappa in the 15th century. Unlike traditional Hindu myth (created by mistranslation of texts) that menstruation is impure, the tribals considered it to be auspicious and a symbol of fertility. They gathered at the temple along with their women and children of all ages until the 1960s. Gurukkal also argues that there is documented evidence of young savarna women making their way into the temple until the 1980s.[51]

The chief minister of Kerala, Pinarayi Vijayan, stated in 2018 that his party (LDF) has always stood for gender equality and would therefore provide facilities and protection for women pilgrims to Sabarimala.[52]

Attempts to enter the temple[]

Prior to the Supreme Court verdict of September 2018, there had been sporadic entries of women to the temple, such as the noted case of the former actress and politician Jayamala.[53] Following the verdict and the legal right of women to enter the temple, there was immediate resistance from protestors, making it difficult for women to enter. When Sabarimala was opened in October 2018 for pilgrims for the first time since the Supreme Court verdict, protests were immediately staged at the nearby Nilakkal and Pamba (considered as basecamps for pilgrims making the journey to the temple). Many women journalists who had come to report on the opening were assaulted by the protesters. Police had to resort to a lathi charge to disperse the protestors.[54][55] The protesters also forced a 40-year-old woman from Andhra Pradesh to stop her journey to Sabarimala at Pamba.[56][57] Suhasini Raj, a journalist working for New York Times was also forced to return after she was blocked by protesters near Marakkoottam.[58]

Two women attempted to enter the temple on 19 October 2018 but were blocked by protesters about 100 metres away from the sanctum sanctorum. They left after the priest warned that he would close the sanctum sanctorum if they attempted to climb the 18 sacred steps leading to the deity.[59] One of the women, Rehana Fathimam was later arrested on grounds of "hurting religious sentiments" for posting a photo on Facebook. The photos showed her sitting in an allegedly 'obscene pose' after dressing up as a devotee of Ayyappa. She was in jail for 18 days and then released on bail.[60][61]

A 46-year-old woman who claimed that "her body was full of divine power from Ayyappa motivating her to climb Sabarimala" was asked to leave after the police denied her protection.[62] Another female journalist and the president of Kerala Dalit Mahila Federation also had to leave without reaching the deity due to the actions of protestors.[63] A female Dalit activist was attacked at various places by mobs on her way to Sabarimala even though she was accompanied by police and decided to return after reaching Pamba. She lost her job, was forced to leave her home and had to live in an undisclosed location under police protection after threats on her life from the protestors.[64]

Trupti Desai, women's rights activist and founder of Bhumata Brigade, was blocked by protesters at Cochin International Airport on 16 November 2018, while on her journey to Sabarimala. She decided to return home after being stranded inside the airport for more than 14 hours, vowing to come back again.[65]

Four transwomen who attempted to visit Sabarimala temple were sent back by Erumely police on 16 December 2018. They alleged that the police harassed them and asked them to dress up like men if they wanted to visit the shrine. Even though they agreed to the demands of the police, they were eventually sent back, with policing citing the general threat to law and order at Sabarimala.[66] They returned to the shrine two days later as the temple authorities did not object to the entry of transwomen at Sabarimala.[67]

A group of 11 women belonging to the Chennai-based women rights' organisation Manithi was chased away by protesters after they covered a distance of 100m from the Pamba basecamp, accompanied by police on 23 December 2018. While the police claimed that the group voluntarily left the area without visiting the shrine, the group alleged that the Kerala Police pressured them to leave.[68]

Protests and hartals against the Supreme Court verdict[]

BJP Harthal Protest march by blocking national highway against Sabarimala Women Entry
BJP hartal protesting against Sabarimala women entry

In the period following the Supreme Court verdict, a total of seven hartals were organised in Kerala by various Hindu groups under the aegis of the Sabarimala Karma Samithi.[citation needed]

October 2018[]

The first hartal was observed in Pathanamthitta district on 7 October 2018.[69] The BJP called for this hartal in response to alleged police violence against Prakash Babu, state president of Bharatiya Janata Yuva Morcha during a protest march held on 6 October 2018.[70][71]

The second hartal was held on 18 October 2018.[72] In the run-up to the hartal, Malayalam actor and BJP member, Kollam Thulasi said that women who enter Sabarimala temple should be ripped in half.[73][74] An First Information Report was registered against him, citing his "deliberate and malicious acts, intended to outrage religious feelings of any class."[75] The Chief Minister of Kerala, Pinarayi Vijayan, held "RSS (Rashtriya Swayamsevak Sangh) driven upper caste religious fanatics" responsible for the violent agitation to undermine the universal right of women of all ages to worship at Sabarimala.[76] The Indian National Congress also launched a protest demanding the state government file a review petition against the Supreme Court's verdict.[77] Rahul Easwar, a member of the family of Sabarimala priests and leader of Ayyappa Dharma Sena, was arrested for inciting violence and rioting near the Sabarimala temple complex. He was denied bail on the grounds that he was likely to return to Sabarimala to incite further trouble.[78][79] By the end of October, over 3,000 people had been arrested and around 500 cases were registered at various police stations across Kerala.[80]

November 2018[]

The third hartal occurred on 2 November 2018. The putative cause was the death a lottery ticket seller, Sivadasan. lottery seller went to Sabarimala pilgrimage and his dead body was found near Laha. BJP called for a hartal in Pathanamthitta district blaming police action at Pamba as the reason behind his death even though police confirmed that he died in a road traffic accident.[81][82][83][84]

Anticipating protests, IPC Section 144 (which can be used to deny assembly of people in the possibility of danger) was declared at Sannidhanam, Pamba, Nilakkal and Elavunkal when the temple reopened for the 41 day long Mandalam-Makaravilakku pilgrim season in 16 November 2018.[85] Around 70 people were arrested for defying these prohibitory orders and protesting near the main temple. This included K. Surendran, state secretary of the Bharatiya Janata Party, and K.P. Sasikala, leader of Hindu Aikya Vedi, who were taken into preventive detention while on their journey to the temple on 17 November.[86][87]

The fourth hartal in Kerala was called by the Bharatiya Janata Party on 17 November 2018. The reason given for this hartal was the arrest of K P Sasikala. It was a statewide hartal.[87][88][89][90][91]

On 21 November, Thiruvananthapuram City Police Commissioner, P Prakash threatened Non-resident Indians with "getting their passports cancelled, and forcing [them] to return to India." The police commissioner accused them of "inciting riots and fermenting trouble over the Sabarimala issue" and using social media to deliberately create instability in the region.[92] The Kerala Police were severely criticised by High Court for the various restrictions it had implemented in Sabarimala.[citation needed] Such restrictions had caused difficulty for the pilgrims but it agreed with the decision to impose Section 144. Following this criticism from the High Court, all restrictions except Section 144 were removed gradually.[93] The Indian National Congress and Bharatiya Janata Party launched separate protests demanding the state government revoke section 144 imposed in Sabarimala.

December 2018[]

The fifth hartal took place on 11 December 2018. Bharatiya Janata Party called this hartal in the Thiruvananthapuram District of Kerala. It was in response to the alleged police action against the march organised by Bharatiya Janata Yuva Morcha on 10 December 2018.[94][95][96][97]

A 49-year-old man committed suicide in front of the protest site of BJP on 13 December 2018, following which BJP called for another statewide hartal. It was the sixth hartal invoked by BJP on Sabarimala issue since the beginning of Mandalam Makaravilakku pilgrim season at Sabarimala and sixth one in the series.[98][99][100][101] The BJP alleged that the man was an Ayyappa devotee - he had immolated himself as protest against the restrictions imposed by Kerala government at Sabarimala.[102] Police countered these allegations, stating that he committed suicide due to personal reasons and his dying declaration did not mention Sabarimala.[103]

On 26 December, thousands of Ayyapa devotees, mainly women, took part in Ayyappa Jyothi, an event organised by Hindutva organisations in protest against Supreme Court verdict. In some places, the people participating in the event were attacked by activists from the Communist Party of India and Democratic Youth Federation of India activists. In response, Kerala police arrested 16 members who allegedly premeditated the attacks.[104] Cases are also filed against 1400 people who took part in the Ayyappa Jyothi event.[105]

As a counter protest, a human chain called Vanitha Mathil was formed by women across the state of Kerala supporting the Supreme Court verdict. Around three to five million women participated in the event organised by the state government.[106]

January 2019[]

The seventh hartal was on 3 January 2019. Sabarimala Karma Samithi called a statewide hartal in Kerala, supported by the Bharatiya Janata Party. The hartal was provoked by the successful entry of two women, Bindu Ammini and Kanakadurga, into the Sabarimala temple.[107][108] One of the protestors, Chandran Unnithan, a member of Sabarimala Karma Samiti, was injured when CPI(M) members started throwing stones and he died shortly of severe skull injuries.[109]

Many cases of violence and arson were reported from across the state during this particular hartal. Fed up with the economic and social affects of the hartals, trade organisations in Kerala had already decided to observe 2019 as 'anti-hartal year' and to defy all hartals in future.[110] Even though police had promised them adequate protection, shops which opened defying the hartal were widely attacked and some even put on fire. Media organisations boycotted all press conferences by Bharatiya Janata Party following unprovoked targeted attacks on journalists.[111][112]

More than 100 buses belonging to the Kerala state road transport corporation were damaged. Offices, libraries and businesses related to the ruling Communist party were damaged and incidents of street fights between CPI(M) and BJP cadres were reported in many places. Anticipating further violence, section 144 was imposed in Palakkad and Manjeswaram towns on next day.[113][114]

Reports of attacks on residences of both women who had tried to enter Sabarimala as well as those who supported the verdict. A hotel owned by Kerala Tourism Development Corporation at Chennai was also damaged by unidentified men protesting against women entry in Sabarimala. Leaders of the ruling CPI(M) compared those unleashing violence over Sabarimala verdict with Taliban and Khalistan terrorists.[115][116][117]

Successful entries[]

On 2 January 2019, two women, Bindu Ammini (40 on the day of entry to the temple) and Kanakadurga (39), entered the Sabarimala shrine,[118][119] which was confirmed with images from CCTV.[120][121] Bindu Ammini is a resident of Koyilandy in Kozhikode district and Kanagadurga a native of Angadipuram in the district of Malappuram. The temple was briefly closed after they entered for purification,[9][10] and there were protests.[122][123] They were the first women to enter following the decision by the Supreme Court to the end the 18 year old restriction on women of menstrual age entering the shrine.[124][125] Ammini and Kanakadurga entered the temple not via the 18 sacred steps but via the staff gate. They did so with an escort of police personnel at around 3.45am on the morning of Wednesday 2 January 2019, when fewer other devotees or protestors were in the vicinity. [126] They had previously attempted to climb the hill on 24 December, before being blocked by protesters. According to reports, both women had stayed at a secret location, vowing not to return home until they offered prayers at the temple.[127] The Chief Minister of Kerala Pinarayi Vijayan confirmed the entry of the pair at the temple and underlined that the police force was duty-bound to give protection to anyone who asked for security.[128] He referred to the entry as a historic moment.[119]

Their entry was followed by various more successful entries of women to the temple in the same month. On 4 January 2019, a 46-year-old woman from Sri Lanka[129] entered the Sabarimala Ayyappa temple and prayed at the sanctum sanctorum. She became the first woman under the age of 50 to have climbed the 18 holy steps with irumudikkettu (offerings to the deity) since the Supreme Court verdict.[130][131] Four days later, a 36-year-old woman dalit leader claimed to have entered the temple.[132] To prove the claim, a Facebook group called 'Navodhana Keralam Sabarimalayilekku' ('Renaissance Kerala to Sabarimala') posted a series of videos and photos showing the dalit leader at Sabarimala.[133]

On 18 January 2019, the Government of Kerala informed the Supreme Court that, beyond the initial duo of Ammini and Kanakadurga, 51 women of menstrual age dodged protesters to enter the Sabarimala shrine.[134] Media reports have noted several discrepancies in the list submitted by Kerala government, featuring women who have reached menopause and inclusion of a man.[135][136]

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Sources[]

External links[]

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