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On the eighth day of the hearing in the Sabariamala Temple, amicus curiae K. Ramamoorthy appeared in support of the age-old custom, abstaining menstruating women from entering the temple. He laid emphasis on the decision rendered in Bijoe Manuel v. State of Kerala, wherein three children worshipping only Jehovah- the creator were expelled from the school because they were not ready to sing the National Anthem. According to the belief of the children singing of the anthem is against their religion. The Court held that expulsion by the school is violation of right to freedom of conscience under Fundamental Rights. In another decision of seven judge bench in Shirur Mutt (1954), it was held that the right to practice one’s religion under Article 25 of Constitution of India must to be read harmoniously with the right of religious denominations under Article 26.
Justice Indu Malhotra asked that there were instances when women were allowed in the premises to perform certain rituals. She emphasized the practice in which the women were supposed to carry irumudikkettu on the head to take 18 holy steps, and were allowed to enter in the temple from northern entrance. To this Mr. Ramamoorthy stated that it was merely an irregularity not a proper ritual. He also mentioned that under the ambit of Article 14, the State is under an obligation to implement the provisions but religious institutions does not come under the ambit of State.
The bench questioned Advocate R.P. Gupta that if the petition claims the right under Article 14, the right of the religious denomination also needs to be protected under Article 25. Therefore discrimination of sex is also important in order to protect the status of the deity as ‘Naishtika Brahmacharya’ under Article 25 if the Indian Constitution.
The bench referred the decision rendered in S. Mahendran v. Travancore Devaswom Board, in order to the status of ‘perpetual celibate’ of the deity.
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