INDIAN YOUNG LAWYERS ASSN. versus STATE OF KERALA 561 INDIAN YOUNG LAWYERS ASSOCIATION & ORS.V. THE STATE OF KERALA & ORS.

Citation: [2018] 9 S.C.R. 561 · Decided: 28-09-2018 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Appeal(s) allowed

Cited by 10 judgment(s) · cites 42 · see the full citation network in Lexace

Judgment (excerpt)

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INDIAN YOUNG LAWYERS ASSN. v. STATE OF KERALA
561
[2018] 9 S.C.R. 561
INDIAN YOUNG LAWYERS ASSOCIATION & ORS.
v.
THE STATE OF KERALA & ORS.
(Writ Petition (Civil) No. 373 of 2006)
SEPTEMBER 28, 2018
[DIPAK MISRA, CJI, R. F. NARIMAN,
A. M. KHANWILKAR, DR. D. Y. CHANDRACHUD AND
INDU MALHOTRA, JJ.]
Constitution of India:
Arts. 25, 26 and 15 –Kerala Hindu Places of Public Worship
(Authorisation of Entry) Act, 1965 – ss. 3, 4 – Kerala Hindu Places
of Public Worship (Authorisation of Entry) Rules, 1965 – r. 3(b) –
Sabarimala temple wherein idol of Lord Ayyappa installed – r 3(b)
protecting custom and usage which prohibit entry of women between
the age of 10 to 50 years to Sabrimala temple, based upon a
biological ground of menstruation – Validity of  – Held: (Per Dipak
Misra, CJI) s. 3 being a non-obstante clause stipulates that every
place of public worship shall be open to all classes and sections of
Hindus, women being one of them, irrespective of any custom or
usage to the contrary – Language of both the s. 3 and the proviso
to s. 4(1) clearly indicate that custom and usage must make space
to the rights of all sections and classes of Hindus to offer prayers
at places of public worship – Any interpretation to the contrary
would annihilate the purpose of the 1965 Act and incrementally
impair the fundamental right to practise religion guaranteed u/Art.
25(1) – Thus, r. 3(b) is ultra vires the 1965 Act – Rule 3(b) is also
ultra vires s. 4 of the 1965 Act as the proviso to s. 4(1) creates an
exception to the effect that the regulations/rules made u/s. 4(1) shall
not discriminate, in any manner whatsoever, against any Hindu on
the ground that he/she belongs to a particular section or class –
Said practise is violative of the fundamental right of Hindu women
to freely practise their religion under Art. 25(1) and exhibit their
devotion towards Lord Ayyappa – This denial denudes them of their
right to worship – Held: (Per Nariman, J.) Custom or usage of
prohibiting women between the ages of 10 to 50 years from entering
the Sabarimala temple is violative of Art. 25(1), and violative of the
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SUPREME COURT REPORTS
[2018] 9 S.C.R.
1965 Act – r. 3(b) whereby women by custom and usage are not
allowed to enter a place of public worship, is unconstitutional being
violative of Art. 25(1) and Art. 15(1) – Practice or usage of keeping
out women is violative of s. 3 and is struck down – Since proviso to
the Section is not attracted on the facts of the case, and since the
said Act is clearly a measure enacted u/Art. 25(2)(b), any religious
right claimed on the basis of custom and usage as an essential matter
of religious practice u/Art. 25(1), will be subject to the law made u/
Art. 25(2)(b) – Held: (Per Chandrachud, J.) Notifications issued
by the Devaswom Board, prohibiting the entry of women between
the ages of ten and fifty, are ultra vires s. 3 of the 1965 Act and are
even otherwise unconstitutional – Hindu women constitute a ‘section
or class’ of Hindus u/s. 2 – Rule 3(b) of enforces a custom contrary
to s. 3, which directly offends the right of temple entry established
by s. 3, thus, is ultra vires the 1965 Act – Claim for the exclusion of
women from religious worship, even if it be founded in religious
text, is subordinate to the constitutional values of liberty, dignity
and equality – Exclusionary practices are contrary to constitutional
morality – Practice of excluding women from the temple at
Sabarimala is not an essential religious practice – Social exclusion
of women, based on menstrual status, is a form of untouchability
which is an anathema to constitutional values – Held: (Per Indu
Malhotra J.: Dissenting) Denial of entry of women in the age group
of 10 to 50 years in Sabarimala temple is not violative of Art. 14 –
Sabarimala temple constitutes a religious denomination – Practise
of restricting entry of women between the age group of 10 to 50
years is an essential religious practise of the devotees of Lord
Ayyappa at Sabarimala Temple – r.3(b) is a statutory recognition of
a pre-existing custom and usage being followed by this Temple – r.
3(b) is within the ambit of the proviso to s. 3.
Art. 26 – Religious denomination – Determination of –
Devotees of Lord Ayyappa, if constitute a religious denomination –
Held: (Per Dipak Misra, CJI) Devotees of Lord Ayyappa do not
have an identified group or sect – They do not have common
religious tenets peculiar to themselves, which they regard as
co

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