• What is the concept of Religious Denomination in the Colonial Constitution and its origins? Why menstruating women not allowed in Sabarimala Temple? Diversity in religious traditions is not discrimination. Submission by Kerala State government to SC in March 2026.

One of the good things about X (formerly Twitter) is the amount of knowledge sharing by some handles for e.g. T R Ramesh shared the written submission by the Kerala State government to the Supreme Court (SC) in March 2026.

This issue was heard in SC in 2018-19. That time esamskriti had shared articles - Hindus cannot be governed by the Christian concept of Religious Denomination, All you wanted to know about worship of Swami Aiyappan, Sabarimala is also connected with Tamil Culture and album of Kerala’s Only Women Festival Attukal Ponkala.

As per February 2020 SC order, a nine judge was constituted to dwell on the Sabarimala issue. The hearing in April 2026 is a result of that order.

Background

Legal Aspects - Post September 2018 Sabarimala order Arghya Sengupta, research-director of Vidhi Centre for Legal Policy wrote in The Times of India, By refusing to hold the worshippers of Lord Ayyappa as a ‘religious denomination’ they deny the existence of a group right in the first place.”

“Article 26  provides for freedom of religious denominations or sections thereof to manage religious affairs. For a sect or sub-sect of a religion to qualify as a religious denomination, it must be designated by a distinctive name and have a common faith and a common spiritual organisation.” 3

According to resepected senior advocate Arvind Datar, “Article 26 is derived from Article 44 of the Irish Constitution, 1937.  This Article 44, in turn, was based on Article 114 of the Constitution of Poland, 1921.” The term religious denomination is of Judeo-Christian origin and used in the context of defined denominations that exists in Christianity. To read more Christian concept of religious denomination

How relevant are Judeo-Christian concepts in a Hindu majority country?

A constitutional amendment of 1987 provided for an ‘Authoritative Text of the Constitution in Hindi Language’. So the equivalent Hindi word for religious denomination, according to T.R. Ramesh, President, Temple Worshippers Society Chennai, “is Sampradaya”. 

Sampradaya is a School of thought or lineage you belong to within Sanatana Dharma. When a Swami states he belongs to a Sampradaya it means a continuous tradition of knowledge and practice transmitted properly from teachers to students, gurus to shishyas.

No pre-defined denominations exist in Sanatana Dharma for e.g. I was born into an Arya Samaji (no idol-worship) family, am a Saivite by evolution who lives by the Bhagavad Gita with strands of Baudh and Jaina thought. Since am Punjabi, hence I visit Gurdwara too. I need not belong to the ‘Ayappa Sect’ to visit Sabarimala. When wish to visit Sabarimala I have to follow rules of Vratham (fasting) for 41 days.

Male devotees identifiable by black lungis, at Krishna Udupi Temple. 2011. 

Some argue against this tradition quoting Article 14- Right to Equality. One of the biggest myths in India’s colonial constitution is Art 14 because it is a myth. Read Why for e.g. why is the Kerala government managing Hindu temples. Read Legal structure Or Comparing Inheritance Laws for Hindu and Muslim women and Registration of Muslim Gifts (Hiba) not done per Sharia but Hindus register

Attukal Ponkala is an all women festival in Kerala where men cannot take part. 

Women praying during Attukal Ponkala, Trivandrum. Festival pics by Uma Maheshwari.

Article 25 is about free practice and propagation of religious. The restrictions at the Ayappa Temple do not prevent Hindus from practicing their religion. There is only a restriction of women during a certain age. They can have darshan of Ayappa before and after that age. In fact, as a symbol of respect to the tradition, a woman is worshipped as Malikapurathamma, a neighbouring temple.

“Diversity in religious traditions is not discrimination.”

Any attempt to make Indic Faiths uniform, one fit all, would be a serious setback to diversity i.e. one of the corner stones of the Bharatiya Civilization.

Origin of keeping menstruating women away from shrine 

Bhawani Rajagopal wrote about probable origin of the strictures placed on women between 10 and 50 keeping away from the temple, “Upon the defeat of Mahishi, it was revealed that the demon was actually a beautiful young woman who had been cursed to live the life of a demon. The defeat set the woman free who, in turn, proposed to Lord Ayyappa.

He refused saying that he had been ordained to go to forest and answer the prayers of devotees. But, the young woman was persistent. So, Lord Ayyappa promised to marry her the day new devotees (kanni-swamis) stop visiting him with their prayers at Sabarimala.

The woman agreed to wait for him at a neighbouring temple. The woman is also worshipped today as Malikapurathamma at a neighbouring temple. The legend goes further saying that in honour of Malikapurathamma, Lord Ayyappa does not receive any menstruating woman. Also, the women chose not to visit Lord Ayyappa for it would be an insult to Malikapurathamma's love and sacrifice.”

Advocate J Sai Deepak’s 2018 submission, “The deity at Sabarimala is in the form of a Naisthik Brahmachari.” Pg. 16 

Summary

Temple restrictions are not for all women and for a particular age group. A woman is worshipped in a neighbouring temple. Attukal Ponkala is an all women festival in Kerala where men cannot take part. Lastly, concept of denominations in Christianity, source of constitutional provision, is alien to Sanatana Dharma.

Submission by Kerala State government to SC in March 2026 – key points

The submission gives information of how the matter proceeded in various courts. In 2020 SC passed an order that matter would be heard by a nine-judge bench hence April 2026 hearing. Submission gives issues framed for consideration.

The issues framed for consideration and submission of the State of Kerala are, “Reliance on Article 25, “what is the inter-play between the rights of persons under Article 25 of the Constitution of India and rights of religious denomination under Article 26”, “Whether the rights of a religious denomination under Article 26 of the Constitution of India are subject to other provisions of Part III of the Constitution of India apart from public order, morality and health?” 

It needs to be known that the Sabarimala Temple is open to all classes and types of Hindus except to women between a certain age.

Page 13 of submission: “The State of Kerala is of the considered opinion that what is to be considered by the Court, in the matter of a Judicial review with regard to Article 25, should not be as to whether a particular religious practice or belief appeals to reason or sentiment, but should be as to whether the belief is genuinely and conscientiously held as part of the profession or practice of religion.” 3

“Any judicial review in to any religious practice followed for so many years connected with the belief and values accepted by the people must be after wide consultation with and after soliciting views of eminent religious scholars and reputed social reformers of that religion.” 

Is this process been followed by Muslims, whilst considering entry of women into mosques, denial of equal inheritance rights for their women and removing system of Nikah Halala not to forget rights of Parsi women and Christian Nuns.

Page 15 of submission: “Whether a person not belonging to a religious denomination or religious group can question a practice of that religious denomination or religious group by filing a PIL?”

It is important to know the background and religion of the persons filing the PIL. 

To read Kerala state government submission in PDF click on PDF

To read 2018 submission by J Sai Deepak in SC on behalf of People for Dharma in PDF click on PDF.

It is not my intent to malign or defame any individual or community.  As always, am happy to stand corrected. Love.

Also read and References

1. How Muslim women are discriminated in inheritance as compared to Hindus.

2. Tax Laws should be the same all citizens   

3. Submission by Kerala state government to SC in March 2026.