Hinduism not bound by rituals: SC on women’s entry in places of worship

The Supreme Court on Wednesday (May 13) observed that to prove one’s belief in Hinduism, it is not mandatory to visit a temple or perform a ritual. Calling Hinduism a way of life, the apex court said even lighting a lamp inside a house is enough to remain a Hindu.

The observation was made by a nine-judge Constitution Bench headed by Chief Justice Surya Kant while hearing petitions concerning alleged discrimination against women in places of worship, including the Sabarimala temple in Kerala, as well as the scope of religious freedom across faiths, including the Dawoodi Bohra community.

Also read: Supreme Court questions non-believer's right to enter Sabarimala

Justices B V Nagarathna, M M Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan and Joymalya Bagchi were also part of the nine-judge Constitutional bench.

Demand for social justice

As the hearing commenced on the 15th day of hearing, advocate Dr G Mohan Gopal, appearing for one of the intervenors, submitted that there has been demand for social justice emerging from within religious communities.

"Hinduism was defined as a religious category. Thereafter, in 1966, it was held that a Hindu accepts the Vedas as the highest authority in all matters religion and philosophy. They never asked me. None of us ever said that.

"Now, I have the highest respect for the Vedas and great admiration for it. But is it a fact that every person today classified as Hindu accepts the Vedas as the highest authority in all spiritual and philosophical matters?" he asked.

‘Hinduism a way of life’

Responding to his submission, Justice Nagarathna said, "That is why Hinduism is called as a way of life. It is not necessary for a Hindu to mandatorily go to a temple or perform a ritual to remain a Hindu." She said one need not be ritualistic and nobody can come in the way for people having their faith.

Also read: Sabarimala case: To declare belief of millions as wrong is tough, says SC

CJI also remarked, "Even if an individual lights a lamp inside his hut is enough to prove his religion." The hearing is underway.

Religious practices

The top court had earlier observed that if individuals start questioning every religious practice or matters of religion before a constitutional court, then there will be hundreds of petitions and every religion will "break" due to this.

A five-judge Constitution bench had lifted a ban that prevented women between the ages of 10 and 50 from entering the Sabarimala Ayyappa temple in a 4:1 majority verdict in September 2018, ruling that the centuries-old Hindu religious practice was illegal and unconstitutional.

(With agency inputs)