New Delhi: The restriction based on age of a female is not a restriction which amounts to discrimination on the ground of “only” of sex, the Nair Service Society in its petition seeking review of the Apex Court verdict allowing women of all ages to enter Sabarimala Ayyappa temple.
In its petition settled by former Attorney General K. Parasaran and filed through advocate K.V. Mohan, the NSS said the September 28 judgment based on ‘exclusionary practice’ is not ‘only’ on the ground of gender but also based on the character that the Lord manifested in the Idol is worshipped as Naishtika Brahmachri. Since review petitions are normally decided by the judges in the chamber, an opportunity of oral hearing has been sought in the review petition.
It said that an exclusionary practice may fall foul of the Constitution but the impugned practice is not exclusionary inasmuch as these females are not excluded from worship. As the deity is a Naishtika Brahmachari, females before the age of 10 and after the age of 50 years are eligible to worship him and there is no practice of excluding worship by females. Hence, the delay or wait for 40 years to worship cannot be considered as exclusionary and it is an error of law on the face of the judgment.
There is no discussion in the majority judgments as to whether religious beliefs can be tested on the touchstone of rationality. The dissenting judgment adverts to this aspect.
The failure of the learned majority Judges to consider this matter is an error of law apparent on the judgment, the petitioner said.
