Sabarimala Holds ‘Special Category Temple’ Status Under Article 26; Entry Not Discriminatory, Linked to Tradition: Devaswom Board Tells Supreme Court
New Delhi: The Travancore Devaswom Board (TDB) on Monday has informed the Supreme Court of India that there is no gender discrimination at the Sabarimala Temple, clarifying that the restriction applies only to women in the age group of 10 to 50 years.
The Board stated that girls below the age of ten and women above fifty are permitted entry, and that the restriction is linked to the temple’s long-standing customs and traditions rather than discrimination.
Defending its position, the TDB said Sabarimala is a unique denominational temple and is accorded a “special category temple” status, giving it the constitutional right under Article 26 to manage its own internal religious affairs.
To justify the age-based restriction, the Board cited academic research, including an international thesis from Carleton University, Ottawa, prepared by Radhika Sekhar in 1987, as well as a 2003 research paper published by the Royal Anthropological Institute.
According to the Board, both studies indicate that the restriction is a traditional practice rather than an act of discrimination. The research highlights that the age-based limitation forms part of Sabarimala’s religious customs and is not intended to violate equality rights.
The submission, prepared by senior advocate Abhishek Manu Singhvi and filed by Standing Counsel P. S. Sudheer, pointed out that several Supreme Court rulings support the temple’s recognition as a distinct religious entity.
According to the TDB, while thousands of temples dedicated to Lord Ayyappa exist, Sabarimala is the only shrine where the deity is worshipped in the form of a Naishtika Brahmachari (eternal celibate). This unique characteristic, the Board argued, allows the temple to uphold its specific customs under Article 26(b) of the Constitution.
In a separate affidavit, temple Tantri Kandararu Rajeevaru emphasized that centuries-old rituals must be preserved. Referring to a devaprasnam ritual, he said it indicated that the restriction on women aged between 10 and 50 should continue, as it is essential to maintaining the deity’s celibate nature. He stressed that these practices are rooted in tradition and faith, rather than gender discrimination.
Supporting this position, the Pandalam Kottaram Nirvahaka Sangham and the Nair Service Society (NSS) also informed the court that long-standing religious customs must be protected. They argued that the judiciary should not act as the final arbiter of traditions followed for generations.
Earlier, the state government submitted a detailed 17-page affidavit addressing seven constitutional questions linked to the case. The affidavit stated that any judicial review of Sabarimala’s age-old traditions should follow extensive consultations with scholars and social reformers from within the community. It emphasized the need for careful study and unbiased expert input to ensure fairness before making changes to established rituals.
With all parties having submitted their arguments, the Supreme Court is set to begin formal hearings on April 7.