The apex court on Thursday referred petitions seeking a review of its order issued on September 28, 2018 allowing women of all ages to enter Sabarimala to a larger seven-judge bench.

The majority 3-2 verdict said gender-based restrictions on the entry of women were not limited to the shrine in Kerala but were also prevalent in places of worship belonging to other religions.

The larger bench will re-examine the Sabarimala issue and those related to entry of women into mosques and the denial of access to fire temples for Parsi women who marry outside the community. It will also examine the practice of female genital mutilation among the Dawoodi Bohras.

While Chief Justice Ranjan Gogoi, Justice A M Khanwilkar and Justice Indu Malhotra favoured referring the issues to a larger bench, Justices Rohinton Narimal and DY Chandrachud vehemently opposed, in dissenting judgments, the move and wanted the review petitions to be rejected. In fact, they have strongly argued for maintaining the status quo, rejection of all review petitions and prosecution of all the leaders and activists who had tried to undermine the 2018 order.

Kerala Chief Minister Pinarayi Vijayan, it may be mentioned, had favoured entry of women of all ages into the hilltop shrine in the wake of the 2018 verdict.

But the Chief Minister is learnt to have been advised by top legal experts, including the State Advocate General, that, pending a final decision in the matter, there is no need to allow women of all ages to enter Sabarimala now. The CPI(M) State Secretariat has also advised the CM and the Government to go by the legal advice.

True, the apex court has not stayed its earlier order of September 28, 2018. But since the latest SC order has referred the issue to a larger bench, the earlier order stands effectively stayed, argues other legal experts. Therefore, the Government should not allow women of all ages entry into the shrine. That is their considered opinion.

The CM has done the right thing by deciding to err on the side of caution. Had he decided to implement the verdict in haste, it would have run into stiff opposition from the Congress and the BJP, creating a law and order situation as it did in 2018.

Law Minister A K Balan went a step ahead and said the government will not allow women who want to visit the shrine to do so. Devaswom Board Minister Kadakampalli Surendran also said the women who want to visit Sabarimala will have to come with a copy of the apex court order.

The stand taken by the CM and the ministers show their determination to avoid repeating the mistakes of 2018 when two women were allowed entry with the help of police. The decision had evoked widespread condemnation and unleashed violence.

The Government’s stand also cost the LDF dear in the Lok Sabha elections with the Front losing all but one of the 20 seats from the State.

A repeat of the 2018 decision would again have disastrous consequences for the LDF which has to face the local bodies elections next year and Assembly polls in 2021. The Government obviously does not want to undo the impressive gains the LDF made in the five assembly by-elections held a few months back.

The Government’s cautious approach has been welcomed by both the BJP and the Congress who have hailed the SC decision to refer the Sabarimala issue to a larger bench. Had this wisdom dawned in 2018, the violent incidents could have been avoided, claim both the parties.

The LDF Government’s wise decision has taken the wind out of the sails of the BJP and other Hindu organisations who were prepared to prevent attempts by women to trek to the shrine.

By deciding against rushing into a decision to implement the latest SC ruling, the ruling LDF Government has prevented the State from witnessing violent incidents which had occurred following the earlier SC order. Both the CM and the LDF Government headed by him deserve praise for rising to the occasion and nipping the attempts at mischief by communal forces led by the BJP. (IPA Service)