INDIAN YOUNG LAWYERS ASSOCIATION & ORS. versus STATE OF KER,ALA & ORS.

INDIAN YOUNG LAWYERS ASSOCIATION & ORS. versus STATE OF KER,ALA & ORS.

Matter involves substantial questions relating to constitutionality of exclusion of women from Sabarimala temple and validity of Rule 3(b), requiring consideration by a larger Bench; no final determination at this stage.

Parties
Petitioner: Indian Young Lawyers Association & Ors.; Respondent: State of Kerala & Ors.
Jurisdiction
India
Judgment Date
13 October 2017
Procedural Posture
Writ Petition (civil) No. 373 of 2006 / Reference to Larger Bench
Outcome
Matter referred for constitution of larger Bench.
Legal Topics
Gender Discrimination, Entry of Women in Temples, Essential Religious Practice, Religious Denomination, Ultra Vires Challenge
Constitutional Law Religious Law Equality Law Gender Discrimination Entry of Women in Temples Essential Religious Practice Religious Denomination Ultra Vires Challenge

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Parties

Indian Young Lawyers Association & Ors.

Petitioner

State of Kerala & Ors.

Respondent

Procedural Posture

Writ Petition (civil) No. 373 of 2006 / Reference to Larger Bench

Legal Issues

  1. 1 Whether exclusion of women (aged 10-50) from Sabarimala temple amounts to discrimination violating Articles 14, 15, 17 and is not protected by 'morality' in Articles 25, 26
  2. 2 Whether such exclusion constitutes an 'essential religious practice' under Article 25 and can be asserted under right to manage affairs in religion
  3. 3 Whether Sabarimala/Ayyappa Temple has denominational character and if a statutory board can indulge in such practices violating constitutional principles

Ratio Decidendi

Matter involves substantial questions relating to constitutionality of exclusion of women from Sabarimala temple and validity of Rule 3(b), requiring consideration by a larger Bench; no final determination at this stage.

Court Disposition

Matter referred for constitution of larger Bench.

Orders

  • Let the papers be placed before the learned Chief Justice for constitution of appropriate larger Bench.