Sabarimala case: Women cannot be treated ‘untouchable’ for 3 days, says Justice Nagarathna

April 7, 2026

New Delhi: Supreme Court Justice B V Nagarathna said during a hearing on Tuesday that it is not right to consider women ‘untouchable’ for three days a month and that they cannot suddenly be freed from untouchability on the fourth day. This comment came during the hearing of the Sabarimala case and other cases.

Comments during the hearing

Solicitor General Tushar Mehta, representing the central government, objected to the 2018 Sabarimala verdict, which held that barring women aged 10 to 50 from entering the temple amounted to ‘untouchability’ under Article 17 of the Constitution.

Justice Nagarathna said, “I don’t understand how this argument can be made on Article 17 in the context of Sabarimala. Speaking as a woman, untouchability cannot exist for three days in a month and suddenly not on the fourth day.”

Debate on the interpretation of ‘untouchability’

This comment came after Mehta said that “India is not as patriarchal or gender conservative as the Western world.”

In the Sabarimala case, Justice D.Y. Chandrachud had previously said that barring women from entering a temple on the basis of age or menstrual status amounts to ‘untouchability,’ places women in a subordinate position, promotes patriarchy, and affects their dignity.

Centre’s stand on the temple ban

Mehta argued that the ban on women’s entry was not linked to menstruation, but was based on a specific age group.

He said, “Sabarimala is a case involving only a particular age group. There should be no room for confusion. Other Ayyappa temples in India and the world are open to women of all ages. Only one temple has this restriction. This is a unique case.”

Nine-Judge Constitution Bench

The case is being heard by a nine-judge Constitution Bench, which is examining discrimination against women at religious places and the limits of religious freedom in different religions.

The bench comprises Chief Justice Surya Kant, along with Justices B.V. Nagarathna, M.M. Sundaresh, Ahsanuddin Amanullah, Arvind Kumar, Augustine George Masih, Prasanna B. Varale, R. Mahadevan, and Joymalya Bagchi.