“Untouchability for 3 Days Unacceptable”: Supreme Court on Menstrual Restrictions
Supreme Court Questions Menstruation Taboo, Says Women Can’t Be Treated as Untouchable: The Supreme Court of India made strong observations during the ongoing hearing on the Sabarimala temple entry issue, with Justice B. V. Nagarathna questioning the logic behind restrictions on women based on menstruation. She remarked that treating women as “untouchable” during certain days of the month is unacceptable, comparing the practice to untouchability.
During the proceedings, Tushar Mehta opposed this view, arguing that Article 17 should not apply in the case, as the issue concerns a specific age restriction rather than menstruation. He maintained that women are allowed entry into other temples dedicated to Lord Ayyappa and described Sabarimala as a unique religious space.
The bench, which also includes references to the earlier 2018 judgment led by D. Y. Chandrachud, clarified that it is not revisiting the verdict itself but examining larger constitutional questions around religious freedom and legislative powers. The Centre has argued that decisions on religious reforms should rest with the legislature rather than the judiciary.
As the hearing continues, the case is expected to have far-reaching implications for the balance between faith, equality, and constitutional rights in India, with the nation closely watching for the final verdict.
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