Considering the writ petition filed by Indian Young Lawyers Association, Chief Justice of India Dipak Misra, Justice R Banumati and Justice Ashok Bhushan, referred the case to a larger Constitutional Bench.
The top court has also raised six questions on the issue to be considered by the Constitution bench.
The Supreme Court today is expected to pronounce order on entry of women in Kerala's Sabarimala temple.
On November 7 a year ago, the Kerala government had informed the apex court that it favoured the entry of women of all age groups in the historic Sabarimala temple. Girls and women of menstruating age are not allowed in the premises of the temple, which houses Lord Ayyappan.
On 7 November, 2016, the Kerala government had informed the apex court that it favoured the entry of women of all age groups in the historic Sabarimala temple. According to them, banning the entry of women would be against the basic tenets of Hinduism.
"Such practices that exclude women from practising their freedom of religion need to be tested against the fundamental rights of the country", Chief Justice of India Dipak Misra while announcing the observation commented.
The management of the Sabarimala temple had told the apex court that it had banned the entry of women because they can't maintain their "pureness" on account of menstruation. It said that this can not be done under the Constitution. The Constitution Bench will decide whether Ayyappa devotees frame a different religious category by themselves.
"Hoping a positive verdict, the women rights activist Brinda Adige had told Asian Age that for last few months, the SC had been giving positive, landmark and progressive verdicts". It violates the rights of women.
In July, it had said that "a temple is a public religious place".
Whether Rule 3 of Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules permits "religious denomination" to ban entry of women between the age of 10 to 50 years?
It is being asked: Can this practice in religious institutions be allowed to stop women?