The Supreme Court is set to continue its hearings on Wednesday regarding the issue of gender discrimination in religious sites, specifically focusing on the Sabarimala temple and the broader implications of religious freedom as outlined in the Indian Constitution.

This session will be overseen by a nine-judge panel, led by Chief Justice Surya Kant, and will include Justices B V Nagarathna, M M Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan, and Joymalya Bagchi.

In a landmark decision on September 28, 2018, a five-judge bench of the Supreme Court ruled by a majority of 4:1 to eliminate the age restrictions placed on female visitors to the Sabarimala temple. The bench declared Rule 3(b) of the Kerala Hindu Places of Public Worship Rules, 1965, unconstitutional, as it permitted the exclusion of women based on traditional customs.

The court is considering seven pivotal questions related to this matter. Justice B V Nagarathna commented on the concept of untouchability, emphasizing that it is unacceptable to impose a status of untouchability on women for three days each month. “As a woman, I assert that there cannot be a three-day period of untouchability each month, only to have it lifted on the fourth day. We must confront the reality of the situation… Article 17 cannot be selectively applied in this manner,” Justice Nagarathna stated.

During the previous day’s proceedings, Solicitor General Tushar Mehta contended that Indian society not only acknowledges gender equality but often elevates the status of women. He expressed strong disagreement with the interpretation made in the 2018 Sabarimala ruling, which likened the restrictions on women’s access to the temple to untouchability. “One perspective suggests that Article 17 applies to women, implying that they are treated as untouchables. I strongly object to this characterization,” Mehta asserted.

He further remarked, “India does not conform to the patriarchal or gender-stereotyped frameworks often perceived in the West.” The hearings by the nine-judge bench, led by Chief Justice Surya Kant, will continue to explore the complexities surrounding discrimination against women in religious contexts, including the Sabarimala temple.