Assam To Kanyakumari, Centre Points To Temples That Restrict Entry Of Men

Hinduism not only treats women as equals, but also places them on a pedestal much higher than men, the Centre has told the Supreme Court while defending its stand in the ongoing hearing in the Sabarimala case.

Solicitor General Tushar Mehta presented the Centre's case before a nine-judge Constitution bench, which is hearing petitions relating to discrimination against women at religious places, including Kerala's Sabarimala temple.

Mehta cited examples of several temples across the country where men's entry is restricted as part of longstanding religious customs. He mentioned the Brahma temple in Pushkar, where married men are not allowed, and the Kerala temple where men cross-dress to seek the goddess's blessings.

The Solicitor General argued that the 2018 Sabarimala judgment, which lifted the temple ban on the entry of women in the 10-50 years age group, was based on an assumption that men are superior. This, he said, does not reflect the broader practices within Hindu traditions.

"It is submitted that considering its unique and distinct features in Hinduism, its rituals, beliefs, mode of worship, and other religious rights under Article 25 and 26 can never be tested directly, without any balancing and optimisation, on the touchstone of Article 14," he said.

"It is Hinduism which has always had the concept of worshipping 'womanhood', even during prehistoric times. Hinduism has not just treated women as equals, but women are placed on a much higher pedestal than men. Arguably, Hinduism is the only religion in the world where Goddesses are not only worshipped, but men touch their feet and become devotees of sacred 'mother goddesses', " Mehta said.

Mehta has cited examples of six temples, arguing that the permissibility of entry based on gender is not a facet of 'gender discrimination' but a part of religious practice, faith and belief, which is beyond the scope of judicial review.

1. The Attukal Bhagavathy Temple in Kerala, which has made it to the Guinness Book of World Records for being the single largest gathering of women for a religious activity, does not allow men entry on the main day of the Pongal festival.

2. Chakkulathukavu Temple in Kerala worships Goddess Bhagavathi and observes an annual ritual called 'Naari Puja', in which the male priest washes the feet of women devotees fasting for 10 days. This day is called Dhanu. During 'Naari Puja', only women are allowed to enter the temple.

3. Brahma Temple in Pushkar, built in the 14th century, is the only temple dedicated to Brahma, considered the creator in Hindu mythology. It is believed that married men who worship him closely would face disturbances in their marital life. So, married men traditionally do not enter the temple's inner sanctum. 

4. Bhagavati Amman Temple in Kanyakumari worships Devi Kanya Kumari, who is said to have gone to an isolated area in the middle of the ocean for meditation, so that she could ask Lord Shiva to be her husband. According to the Puranas, the spine of Sati fell on the shrine. The goddess is also known as the Goddess of Sanyasa. Due to these reasons, celibate men are allowed till the gates of the temple, and married men are prohibited from entering the premises.

5. At Mata Temple in Bihar's Muzaffarpur, men are strictly prohibited during a particular period. The rules are so strict that even a male priest is not allowed to enter the premises. Only women are allowed to enter this temple during this period.

6. Kottankulangara Sree Devi Temple in Kerala has a unique tradition, Chamayavilakku. Men dress in women's attire and seek the blessings of the goddess. This temple has another custom in which boys below the age of 10 dress up like girls.

7: Kamrup Kamakhya Temple in Assam bars the entry of men during Ambubachi, when the goddess is said to be undergoing her annual menstruation. Only female priests serve the temple during this time.

The Centre has argued that notions like patriarchy and gender stereotypes are not intrinsic to the country's civilisational ethos and questioned the reliance of such concepts while discussing the entry of women into the Sabarimala temple.