The Supreme Court on Tuesday asked the head priest of the Sabarimala Ayyappa Temple whether a devotee barred from touching a deity because of birth or status can claim protection under the Constitution.
The observation came during proceedings before a nine-judge Constitution bench hearing cases related to discrimination, including those arising from practices at the Sabarimala temple. The panel is considering the broader scope of religious freedom and the extent to which customary practices are protected.
The court’s question followed submissions from the temple’s high priest counsel, who argued that rituals and ceremonies form an integral part of religion and must conform to the inherent characteristics of the deity. The submission stated that believers are expected to accept these defining attributes as part of their faith and worship.
The panel, however, questioned whether such practices could violate fundamental rights when they result in exclusion based on birth or other inherent conditions.
He noted that a deeply devoted believer being denied physical access to the deity raises concerns about equality and constitutional protections.
