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India's top court lifts temple's ban on women who menstruate
Legal Blog News |
2018/10/01 15:45
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India's Supreme Court on Friday lifted a temple's ban on women of menstruating age, holding that equality is supreme irrespective of age and gender.
The historic Sabarimala temple had barred women age 10 to 50 from entering the temple that is one of the largest Hindu pilgrimage centers in the world.
Some religious figures consider menstruating women to be impure. But the court ruled 4-1 the practice of excluding women cannot be regarded as an essential religious practice.
The temple argued the celibate nature of Sabarimala temple's presiding deity Lord Ayyappa was protected by India's Constitution.
The top court's verdict is part a string of recent rulings that recognize more rights of women, challenging deeply conservative Indian society. On Thursday, it scrapped a law which did not allow wives to bring criminal charges against adulterous husbands.
Chief Justice Dipak Misra in part of Friday's judgment said devotion could not be discriminatory and patriarchal notion could not trump equality in devotion.
"Religion cannot be the cover to deny women right to worship. To treat women as children of lesser God is to blink at constitutional morality," he said.
Rahul Eswaran, an attorney for the temple, said the temple management would seek a review of the court's decision. It noted girls and women of other ages were allowed in the temple without restrictions.
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