More Coverage
Twitter Coverage
JOIN SATYAAGRAH SOCIAL MEDIA
Declaring it a sacred matter of faith beyond judicial scrutiny, the Modi government forcefully backs the Sabarimala temple restrictions on the entry of menstruating-age women before the Supreme Court

On Tuesday, April 7th, the central government made its definitive stance known regarding the highly debated restrictions at the iconic Sabarimala temple in Kerala. The Centre officially threw its support behind the traditional ban that prevents women of menstruating age from entering the sacred site.
|
Representing the Modi government, Solicitor General Tushar Mehta argued before the Supreme Court that the issue is a matter of denominational autonomy and deep-seated religious faith, placing it firmly outside the scope of standard judicial scrutiny.
This monumental case is currently being heard by a formidable nine-judge Constitution Bench, led by Chief Justice Surya Kant. The bench is further composed of Justices B V Nagarathna, M M Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan, and Joymalya Bagchi.
During the proceedings, Solicitor General Mehta acknowledged that while the legislature absolutely has the authority to step in and correct practices that lack a scientific foundation, matters of faith operate under a different framework. He argued that participating in religious customs is a matter of reverence rather than a suppression of individual liberties. He asserted to the court: “We have to respect every denomination’s practice, not everything is related to dignity or bodily freedom. If I go to a mazar or a gurudwara and if I have to cover my head, I can’t say my dignity, right or choice is taken away.”
To clarify the practical limits of the court’s intervention, Mehta presented a hypothetical scenario involving Article 32 of the Constitution, which guarantees the right to constitutional remedies. He explained that if an individual were to approach the court arguing that human sacrifice is an essential part of their personal faith, the court would not need to deliberate on whether the act is genuinely religious. Instead, the plea could be outright rejected simply because it represents a direct and severe violation of public order, health, and general morality.
Expanding on this point, Mehta cautioned the justices against evaluating ancient spiritual traditions through the lens of modern secular reasoning. He argued that forcing religious practices to conform to contemporary judicial standards is an overstep. He submitted: “It is submitted that the court should expressly decline a model of review that asks whether a practice is ‘rational,’ ‘modern,’ ‘scientifically defensible,’ ‘acceptable to judicial sensibilities,’ ‘unpopular views’ or based upon broad and subjective ‘doctrines’ of ‘transformative constitutionalism’ or ‘constitutional morality.’ Such an inquiry is not constitutional review; rather, it would be a substitution of judicial philosophy for religious self-understanding, depending upon the subjective view of the bench, which is not trained in interpreting religious texts.”
Mehta further explained that the constitutional guarantees surrounding religion exist for this exact reason. “The Constitution protects religious freedom precisely because the protected field contains convictions, rituals, disciplines, and forms of worship that may not satisfy secular standards of reason, utility or majoritarian taste,” he conveyed.
A central pillar of the Solicitor General's defense was a critique of the concept of "constitutional morality," which he pointed out is not explicitly established within the text of the Constitution itself. He warned the bench that using this abstract idea to override established traditions carries heavy implications. “It is pertinent to note that ‘constitutional morality’ is not textually present in the Constitution. Rather, it is a judicially evolved, vague and indeterminate concept. Hence, the expansion of the term ‘morality’, which is explicitly referred to in the Constitution to mean and include ‘constitutional morality,’ amounts to not only judicial overreach but an amendment of the Constitution,” Mehta submitted.
Highlighting the inherent risks of judicial authorities interpreting complex religious doctrines, Mehta painted a picture of India's incredibly diverse social fabric. “Apart from the fact that the court would not possess either expertise or scholarship on religious issues, holy books, scriptures, texts, et cetera, further in the context of India, which does not follow only one particular theistic religion but has a pluralistic society including Hindus, Muslims, Christians and other religions, each religion has its different sections or denominations, and each denomination and section has their own faith, belief and expression for worship. The founding fathers were fully conscious of this pluralism of the country and the internal pluralism amongst each religion,” he emphasized.
To understand the magnitude of this current nine-judge bench hearing, one must look back at the recent judicial history of the dispute. In September 2018, a five-judge Constitution Bench delivered a historic 4:1 majority ruling. That judgment declared the centuries-old Hindu practice of barring women between the ages of 10 and 50 from the Sabarimala Ayyappa temple to be unlawful and unconstitutional, effectively lifting the prohibition.
However, the legal landscape shifted again just over a year later. On November 14th, 2019, a five-judge bench led by the then Chief Justice Ranjan Gogoi issued a 3:2 majority decision, referring the broader issue of gender discrimination in places of worship to a larger bench. This bench framed several general questions regarding religious freedom, noting that such profound and widespread issues could not be effectively resolved without evaluating specific, broader case data.
As a result, the implications of the current Sabarimala hearings stretch far beyond a single temple. The ongoing review has raised parallel concerns regarding restrictions in other faiths as well. This includes the debate over Muslim women’s access to mosques and dargahs, alongside the rights of Parsi women who have married non-Parsi men to access the sacred fireplace of an Agiary. Recognizing the immense gravity of these interconnected issues, the apex court pronounced earlier on February 16th that the final, decisive hearings for this monumental case would take place continuously from April 7th through April 22nd.
Support Us
Satyagraha was born from the heart of our land, with an undying aim to unveil the true essence of Bharat. It seeks to illuminate the hidden tales of our valiant freedom fighters and the rich chronicles that haven't yet sung their complete melody in the mainstream.
While platforms like NDTV and 'The Wire' effortlessly garner funds under the banner of safeguarding democracy, we at Satyagraha walk a different path. Our strength and resonance come from you. In this journey to weave a stronger Bharat, every little contribution amplifies our voice. Let's come together, contribute as you can, and champion the true spirit of our nation.
![]() | ![]() | ![]() |
| ICICI Bank of Satyaagrah | Razorpay Bank of Satyaagrah | PayPal Bank of Satyaagrah - For International Payments |
If all above doesn't work, then try the LINK below:
Please share the article on other platforms
DISCLAIMER: The author is solely responsible for the views expressed in this article. The author carries the responsibility for citing and/or licensing of images utilized within the text. The website also frequently uses non-commercial images for representational purposes only in line with the article. We are not responsible for the authenticity of such images. If some images have a copyright issue, we request the person/entity to contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. and we will take the necessary actions to resolve the issue.
Related Articles
- "भोजशाला तो बस झांकी है, अब काशी-मथुरा बाकी है": Ending a centuries-old dispute, the Madhya Pradesh High Court definitively declared Dhar's Bhojshala complex a historical Saraswati temple founded by Raja Bhoj, restoring Hindu worship rights forever
- "Truth is often stranger than fiction": Imagine finding a Shivling in every mosque's fountain!" Maulana Tauqeer Raza muses, stoking controversy over the Gyanvapi structure. Is it truth or clever wordplay? History meets sarcasm in this religious saga
- "जीर्णोद्धार": Kanpur Mayor vows to restore 125 ruined temples, including Ram Janki, once used for biryani cooking, and Shiva temples filled with garbage, reclaiming encroached heritage in areas once Hindu-dominated, now largely Muslim-populated
- "आक्रोश": Madurai erupts as thousands of Hindus unite to defend the sacred Thiruparankundram Murugan Temple from Islamist encroachment, reinforced by the 1931 Privy Council ruling affirming the temple's ownership, leading to massive protests
- "Could we see when and where we are to meet again, we would be more tender when we bid our friends goodbye": Divine vegetarian Crocodile Babiya who guarded Sri Anantapuram Lake Temple in Kasaragod of Kerala for the last 70+ years passed away
- Idols of Hindu deities, including Hanuman and Ganesha found lying in the debris in Gujarat’s Vadodara, Mayor Keyur Rokadia performs pooja, assures to re-establish them
- UNESCO World Heritage Site "Great Living Chola Temples": Brihadeeshwara Temple dedicated to Shiva located in Thanjavur in Tamil Nadu, built by emperor Raja Raja Chola I is one of the largest temples in India of Dravidian architecture during Chola period
- For the first time in the history of Tirupati, 30 devotees on foot stopped from reaching temple for carrying musical instruments up Tirumala hill by TTD: Devotees perform Nama Sankeerthanam during the journey
- Maa Annapurna returns to India after 107 years of exile in Canada: Murti will be installed at Kashi Vishwanath Mandir in Varanasi
- DMK govt relentlessly destroying traditions of Hindu temples and community, amends rule to transfer temple staff including pujaris: Earlier replaced pujaris of generational traditions with 2-year crash course certified pujaris
- "राम लल्ला विराजमान": Amidst fervent devotion, Ayodhya's Ram Mandir stands tall, facing controversies head-on, as PM Modi graces the Pran Pratishtha, the temple, with Ram Lalla's idol by Arun Yogiraj, symbolizes a historic confluence of faith and dispute
- "What matters is not the belief a man holds, but the depth at which he holds it": Historic Rani Sati temple is the largest temple in India dedicated to Rani Sati, a Rajasthani brave woman of Mahabharata times who committed Sati, also referred to as Dadiji
- In a major development, Mathura court allowed a plea to remove the disputed structure of the Shahi Idgah Mosque near Krishna Janmabhoomi for hearing: suit filed in the name of "Bhagwan Sri Krishna Virajman"
- PM Modi inaugurates rebuilt Shankaracharya samadhi in Kedarnath and said ‘Adi Shankara brought life to a sleeping civilisation, awakened Bharat to rise above caste boundaries’
- "Only heart to heart can speak the bliss of mystic knowers": The mystic beauty of the Descent of the Ganges relief at Mahabalipuram, an exquisite of rich Indian artistry and spiritual depth, and the legends sculpted into life-size figures on pink granite

























