Sabarimala: Kerala Govt backs review of SC verdict allowing women’s entry; polling day hearing?

New Delhi: In a major shift in its legal strategy, the Kerala Government has expressed its support for the review petitions challenging the Supreme Court verdict that permitted the entry of women of all ages into the Sabarimala temple. The state has formally submitted a letter requesting permission to present its arguments alongside those opposing the 2018 judgment.

The letter, sent by the State Government’s standing counsel, Nishe Rajen Shonker, was addressed to Krishna Kumar Singh, the nodal counsel for the group of petitioners and parties opposing the entry of women in the 10–50 age group.

Tactical shift in court

Previously, the state government had been aligned with those supporting the entry of young women. Senior Advocate Jaideep Gupta had been allotted one hour to present arguments in favour of the 2018 verdict, joining a group of 12 lawyers set to argue for the same cause. However, in its latest communication to the nodal counsel, the Kerala government stated that it now supports the stance of the review petitioners and has requested time to argue in coordination with them.

In written submissions already provided to the Supreme Court, the state government noted that courts should take into account the opinions of religious scholars and social reformers before intervening in centuries-old religious customs. While the government had previously avoided a definitive "yes" or "no" on the matter in its latest filings, this move to join the opposing side marks a major change. Should the request be granted, the government’s counsel may be heard in court on the very day the state goes to the polls.

Centre to lead opposition to verdict

The arguments in support of the review petitions are scheduled to begin on Tuesday, led by Solicitor General Tushar Mehta. The Solicitor General is expected to argue across Tuesday and Wednesday, reportedly taking the position that:

Courts do not possess the authority to adjudicate on essential religious practices.

Article 25 (1) of the Constitution does not grant individuals the right to force reforms upon a religious denomination's internal traditions.

Sequence of proceedings

Following the Solicitor General's submissions, Senior Advocate V Giri is allotted two and a half hours to represent the Temple Tantri, Kandararu Rajeevaru. Subsequently, Senior Advocate Abhishek Manu Singhvi, appearing for the Travancore Devaswom Board, is scheduled to argue against the entry of young women for a day and a half.

Effectively, as the people of Kerala head to the polling booths, the Supreme Court will be hearing the Travancore Devaswom Board’s arguments against the entry of young women. The Kerala government is reportedly attempting to secure a slot to present its revised stance just before Singhvi’s session begins.

The legal line-up

Supporting the Review (Opposing young women's entry): The team includes Solicitor General Tushar Mehta and Senior Advocates V Giri, Abhishek Manu Singhvi, C S Vaidyanathan, J Sai Deepak, P N Ravindran, A Hariprasad, Gopal Sankaranarayanan, V Chitambaresh, Jayant Muthuraj, C N Sree Kumar, Krishnan Venugopal, Mukul Rohatgi, Neeraj Kishan Kaul, P B Krishnan and S Sriram, along with advocates V K Biju, R Krishna Raj, M R Abhilash and Ranjith Marar.

Opposing the Review (Supporting young women's entry): The opposing side features Senior Advocates Indira Jaising, Menaka Guruswamy, Shahdan Farasat, Vijay Hansaria, K Radhakrishnan and Sanjay Hegde, alongside advocates Prashant Padmanabhan and Shraddha Deshmukh.