A five-judge bench of the Supreme Court on Thursday, 14 November, referred the review petitions seeking a ban on entry of all women in Sabarimala temple to a larger seven-judge bench by 3:2 majority.
There were as many as 65 petitions — including 56 review petitions and four fresh writ petitions and five transfer pleas — which were filed after the apex court verdict of September last year sparked violent protests in Kerala.
The five-judge bench comprised of Ranjan Gogoi, A M Khanwilkar, Indu Malhotra, R F Nariman, and D Y Chandrachud. The SC gave a split verdict on the petitions filed against its 28th September 2018 verdict.
The five-judge bench unanimously agreed to refer the religious issues relating to Sabarimala, entry of women in mosques and practice of female genital mutilation in the Dawoodi Bohra community to a larger bench.
But had a split verdict on the please to review its decision regarding the entry of women into Sabarimala.
While Chief Justice Ranjan Gogoi and Justices A M Khanwilkar and Indu Malhotra decided to keep pending the pleas seeking a review of its decision until the higher bench hears it. The minority verdict by Justices R F Nariman and D Y Chandrachud gave a dissenting view by dismissing all the review pleas and directing compliance of its 28 September decision.
While reading out the verdict, CJI Ranjan Gogoi said,
“The entry of women into places of worship is not limited to this temple only. It is also involved in the entry of women into mosques.”
The apex court did not stay its 28 September 2018 verdict, which had lifted the ban preventing women of all ages from entering the famous Ayyappa shrine in Kerala.
The top court, by a majority verdict of 4:1, on September 28, 2018, had lifted the ban that prevented women and girls between the age of 10 and 50 from entering the famous Ayyappa shrine in Kerala and held that the centuries-old Hindu religious practice was illegal and unconstitutional.