The Supreme Court’s Constitution Bench is considering issues related to religious practices from April
Kerala’s Left government had earlier taken a position upholding the Supreme Court verdict on women’s entry into the temple, irrespective of age, but now appears to be recalibrating its stance
The gold theft at the shrine and allegations of financial irregularities have also become major political flashpoints.
After seven and a half years, women’s entry into the Sabarimala Temple is once again triggering political turmoil in the Kerala. The Supreme Court's decision to commence hearings on April 7 on the issues raised in the Sabarimala review petitions has placed the ruling Left Front government in an unenviable position.
The government, led by the Communist Party of India (Marxist), which has in recent years sought to subtly distance itself from its earlier pro–women’s entry stance, may now be compelled to clarify its position before the court. In 2018, the Left government had aggressively pushed for the implementation of the Supreme Court verdict that allowed women of all ages, including those of menstruating age, to visit the hill shrine.
The composition of the nine-member constitutional bench will be notified by the CJI. The Court asked all parties to submit their position by March.The Kerala government and the Travancore Dewasom Board may once again have to take a position on women’s entry into the shrine.
Soon after the Supreme Court's decision, the caste groups that opposed the original judgement maintained their stance, urging the government to reverse its earlier position and oppose women’s entry to the Supreme Court. The Congress party said they are in favour of preserving the rituals. They were all repeating their position they took in 2018. But the CPIM, which then took aggressive posturing supporting the judgement, has changed. Though the ruling party did not declare its position categorically, enough hints have been given that it will not support any progressive actions, as it did in 2018.
The 2018 verdict split Kerala society, with the CPI(M)-led LDF government vociferously trying to implement it, while caste groups and organisations affiliated with the Rashtriya Swayamsevak Sangh took to the streets against the apex court’s judgment. Left and progressive forces, including Ambedkarite groups, hailed the verdict. The RSS, which initially supported the judgment, later made a sudden volte-face and violently opposed what it called an infringement on religious practices.
In the 2019 Indian general election, the LDF suffered serious setbacks, winning just one seat, while the Congress emerged the thumping winner.
After the electoral debacle it suffered, the Left, in substantive terms, backed away from its earlier position and tried to project itself as the champion and protector of age-old rituals. The Global Ayyappa Conclave held last year was the latest in its efforts to cater to conservative sections of society.
The Supreme Court is considering the case at a time when serious cases, including the Sabarimala gold theft case and the charges of financial embezzlement, are rattling the CPIM.
“Given that elections are around the corner, I am not very hopeful that the government will take a progressive stand on women’s entry to Sabarimala, particularly after the recent electoral backlash. Of course, as a feminist, I would want the government not only to back women’s right to access but also to stand by the promises it made during the Women’s Wall. Issues of equality should ideally not be entwined with electoral politics, but unfortunately, they are,” says historian Dr Malavika Binny of Kannur University.
Soon after the 2018 Sabarimala judgment, the Chief Minister spearheaded a campaign for gender equality, describing the Supreme Court’s verdict allowing women’s entry into the Sabarimala Temple as a continuation of Kerala’s renaissance movement. He asserted that his party would not change its stance on the issue, even if it suffered a beating at the hustings. But as time would prove it was rhetoric more than resolve.
The situation evolved to the extent that the same Chief Minister was later seen quoting the Bhagavad Gita to describe the virtues of a believer at the Ayyappa conclave.
‘Pinarayi Vijayan has, over a period of time, backtracked on much of what he once said about social renaissance and gender justice. The Chief Minister, who had earlier critiqued the regressiveness embedded in the concept of Sanatana Dharma, later had no qualms about quoting from the Bhagavad Gita to define the qualities of a good devotee.
“Today, nobody expects the government to take a progressive stand on women’s entry into Sabarimala Temple. The government’s recent steps have, in fact, emboldened conservative forces,” says Dr. T.S. Shyam Kumar, Sanskrit scholar and author.
Soon after the electoral debacle in 2019, the Left appeared to conclude that its aggressive support for women’s entry had contributed to the setback. The party subsequently initiated various measures, including house visits and outreach programmes, to reassure believers that no action would be taken to infringe upon their long-held customs. The culmination of this shift was visible at the Global Ayyappa meet.
“The shift in the stand of the CPI(M) once again underscores the fact that no party — not even the Left, which boasts of ideological commitment — dares to challenge entrenched notions within society,” says a Left sympathiser who wishes to remain anonymous.
“There may be pressures from various groups, but as a Leftist who vouches for justice, I still expect the government to uphold women’s rights in the Supreme Court,” says women’s rights activist Dr Suja Susan George. According to her, the government must take a position consistent with constitutional values.
However, when asked about the stand the government would take before the Supreme Court, the CPI(M) State secretary M V Govindan was evasive. “Everything except change will change’ was his refrain, without categorically stating what position the party will take on Sabarimala.
The unease in addressing the question was palpable on his face. Some reports suggest the government may adopt a neutral stance on women's entry. “Even that is a setback to progressive forces. It will also embolden the conservatives,” Shyam Kumar says.
For parties such as the Congress and the Bharatiya Janata Party, there appears to be no ambiguity of the kind the CPIM faces when addressing the issue. They have consistently opposed women’s right to pray at the hill shrine and have taken to the streets in defence of what they describe as ritual protection, their stated position on religious matters.
It was during the Left Democratic Front government in 2006, headed by V.S. Achuthanandan, that the Kerala government informed the Supreme Court of India of its position favouring women’s entry into the Sabarimala Temple.
The Nair Service Society, which had vehemently opposed the Supreme Court order and the then government’s supportive stance, now appears satisfied with the government’s changed approach. “Though they have not openly admitted to changing their stance, it is evident from their actions,” said NSS General Secretary Sukumaran Nair. The SNDP, which maintains cordial relations with both the CPI(M) and the BJP, urged the government to revise its position and oppose the entry of women of menstruating age into the shrine.
The case will be taken up at a time that coincides with the election campaign in the state. Though progressive forces and intellectuals may criticise the CPI(M) for what they see as its capitulation to conservative pressures, the party appears in no mood to foreground its progressive credentials during a high-stakes election. Yet any visible volte-face is certain to be denounced — and politically exploited — by its opponents.
