'Ban on entry of women inside Sabarimala has to pass constitutional test'

New Delhi: The Supreme Court Tuesday made it clear that the ban on entry of women in the age group of 10-50 years into the Sabarimala temple would be tested on "constitutional ethos" and asked the temple board to establish that the restriction was an "essential and integral" part of religious faith.

A five judge Constitution bench headed by Chief Justice Dipak Misra was apparently not in agreement with the argument of the Travancore Devaswom Board running the over 800-year-old Lord Ayyappa temple that the "practice and belief" that have continued uninterrupted cannot be tested on the ground of "modern ethos".

"Not modern ethos, but constitutional ethos. Modern notions keep changing. After 1950 (when the Constitution came into being), everything should conform to constitutional principles and ethos," the bench, also comprising justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra, said.

The bench also told senior advocate A M Singhvi, representing the temple board, that it will have to establish that banning the entry of women was "essential and integral" part of the religious belief.

The court, hearing the plea of Indian Young Lawyers Association and others challenging the ban, referred to articles 25 and 26 (Freedom to practice religion) of the Constitution and said that a person can only be restrained on the grounds of "public health, public order and morality". "Morality means constitutional morality. If the practice is essential and integral part of the religious practice then it should must be read in conjunction with fundamental rights of women," the bench said, adding that the temple board will have to show that "they are religious denomination indeed".