Legal Analysis of the Current Sabarmala Case in Supreme Court
The Sabarimala ban case, delineates the complex and delayed justice delivery mechanism in the Supreme Court resulting in the subversion of the very motive of “justice”, as popularly quoted, “justice delayed is Justice denied”.
In this case, the access to worship for women aged between 10 and 55 at Sabarimala temple was challenged, as it was observed that the women aged between 10 and 55 were not allowed to enter the temple premises during the Maharavilakku festival, as it would “disturb” the celibate deity.
A PIL was filed in 2006 by Indian Young Lawyers Association in the Supreme Court of India challenging the rules issued by the State of Kerala and notifications issued by Travancore Devaswom Board that prevented entry of women between the ages of 10-50 years into the temple on the grounds that such rules and…show more content… Pilgrims are expected to observe penance and purity in thought, word and deed is insisted during the period of penance (Vratham).. Women of the age group 10 to 50 will not be in a position to observe Vratham continuously for a period of 41 days due to physiological reasons. These appear to be the main reasons why females of a particular age group were not permitted to go on a pilgrimage to Sabarimala.
Further, it was established that the deity in Sabarimala temple is in the form of a Yogi or a Bramchari, and since the deity is in the form of a Naisthik Brahmachari, it is therefore believed that young women should not offer worship in the temple so that even the slightest deviation from celibacy and austerity observed by the deity is not caused by the presence of such