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Women cannot beryllium treated arsenic ‘untouchables’ selectively for 3 days a month, the Supreme Court observed connected Tuesday (April 7, 2026).
Justice B.V. Nagarathna’s remarks came against the backdrop of submissions referring to the erstwhile prohibition connected menstruating women, barring them from introduction into the Sabarimala temple. A 2018 judgement by the Supreme Court had lifted the centuries’ aged prohibition connected introduction to the famed Kerala shrine by women successful the years betwixt menarche and menopause. The tribunal had said the prohibition reduced state of religion to a “dead letter” and was a smear connected the idiosyncratic dignity of women.
“Speaking arsenic a woman, I tin accidental determination cannot beryllium untouchability practised for 3 days each month, and nary untouchability connected the 4th day. Let america spell by hard realities. Speaking arsenic a woman, Article 17 (abolition of untouchability) cannot use for 3 days and connected the 4th time determination is nary untouchability,” Justice Nagarathna emphasised portion addressing the Union government, represented by Solicitor General Tushar Mehta.
SC likened Sabarimala prohibition to untouchability
The Centre expressed beardown reservations against the 2018 Sabarimala judgement comparing the barroom connected women’s introduction into the temple to the signifier of untouchability.
The examination of the temple prohibition to the signifier of untouchability had been made by Justice D.Y. Chandrachud (now retired), successful his abstracted sentiment which formed portion of the 2018 Sabarimala bulk judgment. Justice Chandrachud had termed the societal exclusion of women, based connected menstrual status, a “form of untouchability,” saying that notions of “purity and pollution” stigmatise individuals. To exclude women was derogatory to an adjacent citizenship, helium had observed successful his opinion.
“India has ever treated women not lone arsenic but connected a higher pedestal. We are uniquely the lone civilization which bow down to women deities. But determination are respective caller judgments which impeach america of patriarchy, sex stereotyping... it was ne'er there. We worship ladies. From the President of India to the judges of the Supreme Court, we bow down earlier our woman deities… India is not arsenic patriarchal oregon gender-stereotyped arsenic the West understands,” Mr. Mehta submitted connected Tuesday (April 7, 2026).
‘Respect denominational practices’
Mr. Mehta said the prohibition was not for 3 oregon 4 days, but was for an property group, adding that the prohibition was sui generis (unique) to the Sabarimala shrine. Other Lord Ayyappa temples, globally, were accessible to women of each ages, helium said.
“There are denominational practices which we request to respect. Everything is not down to quality dignity and idiosyncratic autonomy… It is besides astir respecting the religion and tenets of a religion, not everything is astir the taking distant of dignity oregon bodily autonomy… Fundamental rights cannot beryllium islands,” Mr. Mehta said.
The determination of a peculiar spiritual denomination to modulate the introduction of a conception of nine to a circumstantial spiritual instauration indispensable beryllium protected arsenic a denominational right, the Centre said. Courts could precise good intervene to onslaught a equilibrium betwixt civilian rights and spiritual denominational rights if a broad prohibition was imposed connected introduction against an full people of individuals successful each spiritual institutions.
‘Man’s celibacy cannot beryllium woman’s burden’
In his sentiment 8 years ago, Justice Chandrachud had written that treating women arsenic the children of a lesser God owed to their earthy biologic attributes was to blink astatine the Constitution.
Justice Chandrachud had dismissed the statement that the prohibition was successful keeping with the signifier of the deity and the vow of celibacy by followers.
“Such a assertion imposes the load of a man’s celibacy connected a pistillate and constructs her arsenic a origin for deviation from celibacy. This is past employed to contradict entree to spaces to which women are arsenic entitled,” Justice Chandrachud had rationalised.
