Published Apr 09, 2026 | 9:18 PM ⚊ Updated Apr 09, 2026 | 9:18 PM
Supreme Court. (iStock)
Synopsis: SG Mehta cited several temple examples to argue that restrictions on entry based on gender are not instances of “gender discrimination” but are rooted in religious practices, faith, and belief, which fall outside judicial scrutiny.
The Union government on Thursday, 9 April, told the Supreme Court that some temples also restrict entry for men, while arguing that the Sabarimala ban on menstruating women is not purely gender-based.
SG Tushar Mehta said the 2018 Supreme Court judgment allowing women of all ages into Sabarimala assumed men are superior and women are on a lower pedestal.
A nine-judge Constitutional Bench headed by Chief Justice Surya Kant resumed hearing on the third day, Thursday, 9 April, on various contentious religious issues, including allowing women of childbearing age to worship at the Ayyappa temple in Kerala’s Sabarimala.
Justice Nagarathna noted that everyone should have access to all temples, saying, “If you claim only your section may enter your temple, that is not good for Hinduism.” Justice Aravind Kumar added that such restrictions could divide society.
Senior advocate CS Vaidyanathan argued that private temples can restrict outsiders and that opening temples to all under Article 25(2)(b) should not override Article 26(b), which protects the right to manage religious affairs.
The Bench questioned this, noting Article 25(2)(b) considers historical context and that restrictions may conflict with morality and public order.
SG Mehta cited several temple examples to argue that restrictions on entry based on gender are not instances of “gender discrimination” but are rooted in religious practices, faith, and belief, which fall outside judicial scrutiny.
In Kerala, the Attukal Bhagavathy Temple, recognized by the Guinness Book of World Records for hosting the largest gathering of women for a religious event, restricts men from entering on the main day of the Pongal festival.
Similarly, Chakkulathukavu Temple, dedicated to Goddess Bhagavathi, observes an annual ritual called Naari Puja, during which male priests wash the feet of women who have fasted for ten days, and entry is permitted only for women.
In Pushkar, the 14th-century Brahma Temple, dedicated solely to Brahma, bars married men from the inner sanctum based on beliefs that close worship could negatively affect their marital life.
The Bhagavati Amman Temple in Kanyakumari, which worships Devi Kanya Kumari, allows only celibate men to enter, as the shrine is associated with Sanyasa and the legend of Sati’s spine falling there.
In Muzaffarpur, Bihar, the Mata Temple prohibits men—including male priests—during a specific period, granting access only to women.
Kerala’s Kottankulangara Sree Devi Temple has the unique Chamayavilakku tradition, where men dress in women’s attire to receive the goddesss blessings, and boys under ten also dress as girls as part of the custom.
In Assam, the Kamrup Kamakhya Temple bars men during Ambubachi, when the goddess is believed to undergo her annual menstruation, with only female priests serving the temple.
The Centre argued that concepts such as patriarchy and gender stereotypes are not intrinsic to India’s civilizational ethos and questioned the reliance on these notions in discussions about women’s entry into Sabarimala.
(With inputs from Sreelakshmi Soman)
